BOARD DATE: 12 October 2017 DOCKET NUMBER: AR20160004719 BOARD VOTE: __x______ ___x_____ __x______ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 12 October 2017 DOCKET NUMBER: AR20160004719 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 for the period ending 28 January 1970 by deleting the Vietnam Service Medal and adding the: * Purple Heart * Army Commendation Medal * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with 4 bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Combat Infantryman Badge * Expert Marksmanship Qualification Badge with Auto Rifle Bar (M-16) * Sharpshooter Marksmanship Qualification Bade with Rifle Bar (M-14) ___________x_______________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. BOARD DATE: 12 October 2017 DOCKET NUMBER: AR20160004719 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 28 January 1970 to show he was awarded or authorized the: * Purple Heart * Army Commendation Medal (ARCOM) * Army Good Conduct Medal (1st Award) * Combat Infantryman Badge (CIB) 2. The applicant states these awards are not reflected on his DD Form 214. 3. The applicant provides copies of his: * DD Form 214 * DA Form 4980-10 (Purple Heart Certificate) * DA Form 4980-14 (ARCOM Certificate) and Citation * DA Form 20 (Enlisted Qualification Record) CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant was inducted into the Army of the United States on 27 February 1968. He completed his initial entry training and was awarded military occupational specialty 11D (Armor Reconnaissance Specialist). 3. Special Orders Number 206, issued by Headquarters, U.S. Army Armor School on 27 September 1968, awarded the applicant the Expert Marksmanship Qualification Badge with Auto Rifle Bar (M-16). 4. The applicant's DA Form 20 (Enlisted Qualification Record) shows in: a. Item 31 (Foreign Service), he served in the Republic of Vietnam from on or about 29 January 1969 through on or about 28 January 1970. b. Item 38 (Record of Assignments), he was assigned to Troop A, 1st Squadron, 11th Armored Cavalry Regiment (ACR) during his service in the Republic of Vietnam. c. Item 40 (Wounds), he sustained a shrapnel wound to his right leg and an injury to his left ear on 26 May 1969. d. Item 41 (Awards and Decorations): (1) He was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), by Special Orders Number 117, issued by Headquarters, U.S. Army Training Center, Armor on 26 April 1968. (2) He was awarded the CIB for combat actions against enemy forces, by Special Orders Number 213, issued by Headquarters, 11th ACR on 9 August 1969. (3) He was awarded the ARCOM for meritorious service, by General Orders Number 453, issued by Headquarters, II Field Force Vietnam on 6 December 1969. (4) He was awarded the Army Good Conduct Medal (1st Award) for the period 27 February 1968 through 28 January 1970, by General Orders Number 2, issued by Headquarters, 1st Squadron, 11th ACR on 2 January 1970. 5. The applicant was honorably released from active duty on 5 February 1970. His DD Form 214 shows he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) 6. The applicant is listed on the Vietnam Casualty Roster for injuries received on 26 May 1969. His casualty status code was "24," which refers to "hostile wounded in action, not serious, hospitalized (non-notify)." REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Department of the Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Purple Heart is awarded for a wound or wounds sustained in action against an enemy or as a result of hostile action. Substantiating evidence must be provided that verifies the wound resulted from hostile action, required treatment by medical personnel, and that treatment was made a matter of official record. A Purple Heart is authorized for the first wound suffered; for each subsequent award an oak leaf cluster will be awarded to be worn on the medal or ribbon. No more than one award will be made for more than one wound or injury received at the same instant or from the same missile, force, explosion, or agent. b. The Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 3 July 1965 through 28 March 1973. A bronze service star will be authorized for wear on the Vietnam Service Medal for participation in each credited campaign. Appendix B shows that during his service in the Republic of Vietnam, participation credit was awarded for the following four campaigns: * Vietnam Counteroffensive Phase VI (2 November 1968 – 22 February 1969) * Tet 69 Counteroffensive 1969 (23 February 1969 – 8 June 1969) * Vietnam Summer-Fall 1969 (9 June 1969 – 31 October 1969) * Vietnam Winter-Spring 1970 (1 November 1969 – 30 April 1970) 2. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. This pamphlet shows Troop A, 1st Squadron, 11th ACR, the unit to which the applicant was assigned from on or about 29 January 1969 through on or about 28 January 1970, was cited for the Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 1 November to 31 December 1970, by Department of the Army General Orders (DAGO) Number 42, dated 1972 DISCUSSION: 1. The applicant's request for award of the Purple Heart and correction of his DD Form 214 to show the Purple Heart, ARCOM, Army Good Conduct Medal (1st Award), and the CIB was carefully considered. 2. The applicant's record is void of orders that show he was awarded the Purple Heart. However, the evidence of record confirms he was wounded by enemy forces on 26 May 1969. Therefore, it is reasonable to conclude that the Purple Heart Certificate, which was submitted as evidence, was produced in conjunction with the publishing of official orders. Nevertheless, the Purple Heart is not annotated on his DD Form 214. 3. General Orders awarded the applicant the ARCOM and the Army Good Conduct Medal (1st Award); however, these awards are not shown on his DD Form 214. 4. Special Orders awarded the applicant the CIB, the Expert Marksmanship Qualification Badge with Auto Rifle Bar (M-16), and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14). However, these marksmanship badges are not shown on his DD Form 214. 5. The applicant served in the Republic of Vietnam from on or about 29 January 1969 through on or about 28 January 1970; he participated in four campaigns during this period of foreign service. His DD Form 214 lists the Vietnam Service Medal as an authorized award; however, it does not reflect the four bronze service stars that should be affixed to it in recognition of his campaign participation. 6. Department of the Army General Orders awarded his unit of assignment in the Republic of Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period in which he was assigned. However, this unit award is not shown his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150017490 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160004719 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2