IN THE CASE OF: BOARD DATE: 18 September 2020 DOCKET NUMBER: AR20200001963 APPLICANT REQUESTS: Correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Purple Heart (PH) and the Combat Infantryman Badge (CIB). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, U.S. Code, section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states he received the PH while in the hospital in Vietnam. He was in the hospital as a result of wounds he sustained from an exploding mortar round. He was also awarded the CIB while in Vietnam. 3. The applicant was inducted into the Army of the United States on 15 October 1968. He was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman) upon completion of initial entry training. 4. The applicant's DA Form 20 (Enlisted Qualification Record) shows in: * item 31 (Foreign Service), he served in Vietnam from 31 March to 14 May 1969 * item 38 (Record of Assignments), he was assigned to the 2nd Battalion, 27th Infantry from 11 April to on or about 13 May 1969 * item 38, he was reassigned on 14 May 1969 in a patient status to the Letterman General Hospital, San Francisco, CA * item 38, he received "excellent" conduct and efficiency ratings throughout most of his active duty service; he received ratings of "unknown" while in a patient status * item 40 (Wounds), he sustained multiple fragment wounds on 15 April 1969 5. A review of The Adjutant General's Office Vietnam casualty roster shows the applicant's name is listed for injuries sustained on 15 April 1969, as a result of hostile actions. 6. There are no orders in the applicant's available military records awarding him the PH or the CIB. 7. The applicant was honorably released from active duty on 14 October 1970. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal * Sharpshooter Marksmanship Qualification Badge with Rifle Bar 8. A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973, maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal orders for the PH or CIB pertaining to the applicant. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found that relief is warranted. 2. The Board accepted the entry in item 40 of the applicant's DA Form 20 as sufficient evidence to confirm that he incurred a wound as a result of hostile action that made him eligible for award of the PH. 3. The Board noted the applicant was an infantryman assigned to an infantry unit when he was wounded. The Board accepted his wound as evidence of his participation in active ground combat and determined he should be awarded the CIB. 4. The Board further noted that the applicant's records do not show he was awarded the Army Good Conduct Medal (1st Award). The Board found he met the criteria for this award and determined it should be awarded to him and added to his DD Form 214. 5. The Board concurred with the corrections described in Administrative Note(s) below. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :XXX :XXX :XXX GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 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: * Awarding him the Purple Heart for wound incurred as a result of hostile action on 15 April 1969 * Awarding him the Combat Infantryman Badge effective 15 April 1969 * Awarding him the Army Good Conduct Medal (1st Award) for the period 15 October 1968 to 14 October 1970 * Adding these awards to his DD Form 214 and also adding the awards addressed in Administrative Note(s) below 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. ADMINISTRATIVE NOTE(S): 1. Army Regulation 600-8-22 (Military Awards) states a bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in. Appendix B shows that during the applicant's service in Vietnam, he participated in the Tet 69/Counteroffensive (23 February - 8 June 1969). 2. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units that served in Vietnam. This pamphlet shows that during the applicant's assignment to the 2nd Battalion, 27th Infantry, this unit was cited in general orders for the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service during the period 1 September 1968 to 30 September June 1970 and for the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service during the period 1 January 1966 to 21 January 1970. 3. Correct the applicant's DD Form 214 by adding: * One bronze service star with the Vietnam Service Medal * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation REFERENCES: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within three years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 600-8-22 (Military Awards) states: a. The PH is awarded for a wound sustained in action against an enemy or as a result of hostile action. Substantiating evidence must be provided to verify the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record. b. The CIB is awarded to infantry officers and to enlisted and warrant officer service members who have an infantry MOS. They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size. c. The Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973. Qualifying service included assignment in Vietnam for six months or more. Also eligible for this award are individuals who qualified for the Vietnam Service Medal and served for less than six months of service but were wounded as a result of hostile action. 3. Army Regulation 672-5-1 (Awards), in effect at the time, states the Army Good Conduct Medal was awarded for each three years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than three years but more than one year. The enlisted person must have had all "excellent" conduct and efficiency ratings. Ratings of "Unknown" for portions of the period under consideration were not disqualifying. There was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20200001963 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1