IN THE CASE OF: BOARD DATE: 18 September 2020 DOCKET NUMBER: AR20200002069 APPLICANT REQUESTS: correction to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the – * Purple Heart * Army Commendation Medal * Republic of Vietnam Campaign Medal with Device (1960) * Presidential Unit Citation * Foreign Service Credit – 7 months in the Republic of Vietnam APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Applicant letter dated 19 November 2019 * General Orders Number 6878 dated 16 June 1969 * DA Form 4980-14 (Army Commendation Medal Certificate) dated 16 June 1969 * Page 2 of DA Form 20 (Enlisted Qualification Record) * Medical Board Proceedings dated 8 December 1969 page 1 only * DD Form 214 for the period ending 2 February 1970 * Presidential Unit Citation certificate and citation for 3rd Battalion, 187th Infantry dated 27 July 1977 FACTS: 1. The applicant did not file within the 3 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 was injured by hostile forces small arms fire at approximately 0900 hours on 14 May 1969 near Ashau Valley in the Republic of Vietnam. He states he was injured during Operation Apache Snow. He believes he should have been awarded the aforementioned medals, decorations or unit citations. He states he deserves to be recognized now. 2. On 4 June 1968 the applicant was inducted into the Army of the United States for a period of 2 years. He completed training and was awarded military occupational specialty 11B (Light Weapons Infantryman). Upon completing training, he deployed to the Republic of Vietnam on or about 5 November 1968. On or about 25 November 1968 he was assigned to Company C, 3rd Battalion, 187th Infantry as a rifleman. 3. The following award orders are filed in his official military personnel record: * General Orders (GO) Number 28, dated 9 June 1969, awarding him the Purple Heart for wounds incurred on 14 May 1969 * GO Number 11064, dated 24 August 1969, awarding him the Bronze Star Medal with "V" Device for action on 14 May 1969 * GO Number 12386, dated 24 September 1969, awarding him a second Bronze Star Medal with "V" Device for action on 16 May 1969 4. The applicant’s DA Form 20, item 38 (Record of Assignments), shows throughout his period of service he received excellent conduct and efficiency ratings. In reviewing his military personnel record there is no record of nonjudicial punishment nor evidence he was court-martialed which would preclude awarding him the Army Good Conduct Medal. 5. The applicant’s DA Form 20, item 41 (Awards and Decorations) contains the following entries: * National Defense Service Medal * Vietnam Service Medal * Combat Infantryman Badge by Special Orders Number 353 issued by Headquarters 101st Airborne Division on 18 December 1968 * Republic of Vietnam Campaign Medal with Device (1960) * one Overseas Service Bar * Purple Heart by GO Number 28 * Marksman Marksmanship Qualification Badge with Rifle Bar by Special Orders Number 214 dated 1 August 1968 6. On or about 28 May 1969 the applicant departed the Republic of Vietnam in a patient status and was transferred to the U.S. Army Hospital at Fort Devens, Massachusetts. 7. On 2 February 1970 the applicant was honorably medically retired and placed on the permanent disability retired list effective 3 February 1970. He was issued a DD Form 214 documenting his active service of 1 year, 7 months and 29 days. His DD Form 214 also contains the following entries: * Block 22c (Statement of Service – Foreign and/or Sea Service) – "RVN" [Republic of Vietnam] 7 months * Block 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows in the ordered listed – * National Defense Service Medal * Vietnam Service Medal * one Overseas Service Bar * Combat Infantryman Badge * Purple Heart * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) * Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) * Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60) * Block 30 (Remarks) – does not contain an entry showing the dates he served in the Republic of Vietnam 8. As the applicant’s DA Form 20 shows he was awarded the Purple Heart and it is correctly recorded on his DD Form 214 in Block 13, this specific award will not be further discussed in this record of proceedings. 9. The applicant provides for the Board’s consideration his medical board proceedings showing he was injured on 14 May 1969 in the Republic of Vietnam by hostile forces small arms fire. He was medically evacuated and eventually assigned to Fort Devens, Massachusetts, where on 8 December 1969 a medical board determined he was medically unfit for continued military service. Additionally he provides GO Number 6878, dated 16 June 1969, awarding him the Army Commendation Medal for meritorious achievement during the period from 1 December 1968 through 30 April 1969. 10. Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214. This regulation states for item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) to enter all awards for all periods of service. Check the Soldier's records for validity of awards, Army Regulation 672-5-1 (Military Awards) and Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register). In pertinent part, it directed that total active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the last oversea theater in which service was performed be entered in Block 22c. The regulation also provided for entry of inclusive dates of service in Vietnam during current period of service in Block 30 (Remarks). BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found that relief is warranted. 2. The Board concurred with the corrections described in Administrative Note(s) below. 3. The Board noted the regulatory criteria requiring an entry in item 30 of the DD Form 214 of the inclusive dates of service in Vietnam. The Board determined the applicant's DD Form 214 should be corrected to include this entry. 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 making the corrections described in Administrative Note(s) below and by adding the following entry to item 30 of his DD Form 214: "Vietnam – 5 November 1968 to 28 May 1969." 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): Correct the applicant’s DD Form 214 for the period ending 2 February 1970 by: * deleting from Block 13 the Vietnam Service Medal * adding to Block 13 – * Bronze Star Medal with "V" Device (2nd Award) * Army Commendation Medal * Vietnam Service Medal with two bronze service stars * Republic of Vietnam Campaign Medal with Device (1960) * Presidential Unit Citation * Valorous Unit Award * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation REFERENCES: 1. Title 10, United States 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 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. 2. Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214. This regulation states for item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) to enter all awards for all periods of service. Check the Soldier's records for validity of awards. The regulation in effect on 23 November 1970, directed that total active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the last oversea theater in which service was performed would be entered in Block 22c. The regulation also provided for entry of inclusive dates of service in Vietnam during current period of service in Block 30 (Remarks). 3. Army Regulation 600-8-22 (Military Awards) states awards made by the President, the Secretary of Defense, and the Secretary of the Army are announced in DAGOs. Awards of decorations and the Army Good Conduct Medal will be announced in permanent orders by the appropriate awards approval authority. Service medals and ribbons are administratively awarded to individuals who meet the qualifying criteria. a. The Army Good Conduct Medal is awarded for exemplary behavior, efficiency, and fidelity in active Federal military service. It is awarded on a selective basis to each Soldier who distinguishes himself or herself from among his or her fellow Soldiers by exemplary conduct, efficiency, and fidelity throughout a specified period of continuous enlisted active Federal military service. A specified period includes 3 years of continuous active service completed after 27 August 1941. For first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. For the first award only, upon termination of service, on or after 27 June 1950, when final separation was by reason of physical disability in the line of duty. There is no right or entitlement to the medal until the immediate commander has approved the award and the award has been announced in permanent orders. There can be no record of courts-martial. b. The Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations. A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. During the applicant’s service in the Republic of Vietnam the following two named campaigns are authorized a bronze service star: * Vietnam Counteroffensive Phase VI 2 November 1968 - 22 February 1969 * Tet 69/Counteroffensive, 23 February - 8 June 1969 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 6 months or more. 4. 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 the unit to which the applicant was assigned was cited for the following awards: * Presidential Unit Citation for the period from 10 May to 21 May 1969 by Department of the Army General Order (DAGO) Number 60, dated 1972 * Valorous Unit Awards for the period from 17 April to 7 May 1969 by DAGO Number 2, dated 1971 * Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period from 19 July 1969 to 14 May 1969 by DAGO Number 43, dated 1970 * Republic of Vietnam Civil Actions Honor Medal, First Class for the period from 3 October 1968 to 2 May 1970 by DAGO Number 48, dated 1971 //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20200002069 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1