IN THE CASE OF: BOARD DATE: 16 November 2021 DOCKET NUMBER: AR20210012421 APPLICANT REQUESTS: correction of his DA Form 24 (Service Record) to show in: * Section 7 (Combat Record) – his service in Vietnam (Saigon/Phu Bai) from 28 May 1963 to 28 August 1963 * Section 9 (Medals, Decorations, and Citations) – his awards of the: * Purple Heart * Vietnam Service Medal * Army Good Conduct Medal APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552) * 2d Training Regiment (Basic), U.S. Army Training Center, Engineer, Fort Leonard Wood, Memorandum (Letter of Commendation), 3 August 1961, with indorsements * DA Form 873 (Certificate of Clearance and/or Security Determination under Executive Order 10450), 11 April 1962 * Army Security Agency School Training Certificate, 11 April 1962 * Headquarters, 5th Radio Research Unit, Memorandum (Letter of Appreciation), 17 May 1963 * DA Form 24 * DA Form 20 (Enlisted Qualification Record) * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) 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: a. He is a 100-percent disabled veteran with terminal multiple myeloma cancer. He requests correction of his records prior to his death. His records show he was in Vietnam from 28 May 1963 to 28 August 1963, which was a combat zone at that time and should be shown as such in Section 7 of his DA Form 24. b. Having served in Vietnam, he is authorized award of the Vietnam Service Medal. c. Multiple myeloma cancer was designated by Congress as a service-related injury caused by exposure to Agent Orange. He is 100-percent disabled as designated by the Department of Veterans Affairs and is receiving care and compensation at the highest level. An injury directly related to exposure to Agent Orange while serving in Vietnam is and should be considered a fatal wound/injury while serving in a combat zone. There can be no greater combat injury than the ultimate cause of his death by what must be considered "friendly fire." d. His records clearly show a military history of "Excellent" conduct and efficiency ratings after graduating from basic training. He has maintained the highest security clearances, which clearly indicates excellence in both conduct and efficiency. He does not understand the basic training rating of "Good" as it is a totally unwarranted error. This is borne out by his commendations during basic training. e. He was unaware of the errors until he reviewed his records following his diagnosis of cancer (multiple myeloma) in November 2018 and subsequent application for Department of Veterans Affairs disability compensation. He first learned about the missing combat information on 5 January 2021 during a post-traumatic stress disorder evaluation interview. 3. He enlisted in the Regular Army on 5 July 1961. 4. The 2nd Training Regiment (Basic), U.S. Army Training Center, Engineer, Fort Leonard Wood, memorandum (Letter of Commendation), 3 August 1961, with indorsements, recognizes his outstanding performance during a guard mount competition and desire to become an outstanding Soldier. 5. The DA Form 873 (Certificate of Clearance and/or Security Determination under Executive Order 10450), 11 April 1962, shows his security clearance as Top Secret. 6. The Headquarters, 5th Radio Research Unit, memorandum (Letter of Appreciation), 17 May 1963, recognizes his excellent duty performance, not only on his assigned job but as a Soldier. 7. Headquarters, 101st Airborne Division and Fort Campbell, Special Orders 890, 19 November 1963, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14). 8. His DA Form 24 (Service Record) shows in: * Section 4 (Chronological Record of Military Service) – * 11 July 1961 to 7 September 1961 – Company C, 2nd Battalion, 2d Training Regiment (Basic) – conduct and efficiency ratings of "Good" * 11 October 1961 to 8 April 1962 – Company E, U.S. Army Security Agency Training Regiment, Fort Devens – conduct and efficiency ratings of "Excellent" * 15 May 1962 to 27 May 1963 – Headquarters, 5th Radio Research Unit – conduct and efficiency ratings of "Excellent" * 28 May 1963 to 31 August 1963 – 3rd Radio Research Unit – conduct and efficiency ratings of "Excellent" * 4 October 1963 to 23 June 1964 – Company B, 313th Army Security Agency Battalion, Fort Campbell – conduct and efficiency ratings of "Excellent" * Section 5 (Service Outside Continental United States) – * Thailand – 27 April1962 through 28 May 1963 * Vietnam – 28 May 1963 through 1 September 1963 * Section 7 (Combat Record) – no entry * Section 8 (Wounds Received through Enemy Action) – no entry * Section 9 (Medals, Decorations, and Citations) – * Armed Forces Expeditionary Medal * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * Marksman Marksmanship Qualification Badge with Rifle Bar 9. During his service in Vietnam from 28 May 1963 through 1 September 1963, he participated in the Vietnam Advisory Campaign (15 March 1962 through 7 March 1965). 10. He was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) on 23 June 1964. His DD Form 214 shows in: * item 24a(1) (Net Service This Period) – 2 years, 11 months, and 19 days * item 24c (Foreign and/or Sea Service) – 1 year, 4 months, and 15 days * item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – * Armed Forces Expert Medal (should read Armed Forces Expeditionary Medal) * Expert Marksmanship Qualification Badge with Rifle Bar 10. His records are void of orders awarding him the Army Good Conduct Medal. He received "Excellent" conduct and efficiency ratings throughout his military service, with the exception of "Good" conduct and efficiency ratings during basic training. He completed 2 years, 11 months, and 19 days of active service ending with his release from active duty. He had no court-martial convictions. His records do not contain a commander's disqualification for the first award of the Army Good Conduct Medal. 11. His records are void of orders awarding him the award of the Purple Heart. 12. His name is not shown on the Department of the Army Office of the Adjutant General Casualty Division Casualty Reference Name Listing for the period 1 January 1961 through 30 June 1973, a battle and non-battle listing of Soldiers who were killed, wounded, sick, captured, or missing during their service in Vietnam. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that relief was partially warranted. Board member agreed with listing his Vietnam service from 28 May 1963 to 28 August 1963. The also agreed to award him the Army Good Conduct Medal based on having served 2 years, 11 months, and 19 days with no lost time, with excellent conduct and efficiency ratings, and no derogatory information. However, Board members found no evidence he was wounded as a result of hostile action of treated for his wounds. Additionally, those who were awarded the Armed Forces Expeditionary Medal for service in Vietnam between 1 July 1958 to 3 July 1965 may elect to receive the Vietnam Service Medal instead of the Armed Forces Expeditionary Medal. However, no service member may be issued both medals for service in Vietnam If the applicant wishes to have the Vietnam Service Medal in lieu of the Armed Forces Expeditionary Medal, he may reapply to this Board at any time. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :X :X :X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * awarding him the Army Good Conduct Medal (1st Award) for service during the period 5 July 1961 through 23 June 1964 * deleting from his DD Form 214 the Armed Forces Expert Medal and adding the Armed Forces Expeditionary Medal * Adding to his DD Form 214 his Service in Vietnam from 28 May 1963 to 28 August 1963 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to the Purple Heart and Vietnam Service Medal. 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): The applicant received ratings of "Good" for both conduct and efficiency for the period 11 July 1961 to 7 September 1961 during basic training. Service school efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 are not disqualifying; however, conduct ratings of "Good" are disqualifying. REFERENCES: 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 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 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of evidence. 3. Army Regulation 600-8-22 (Military Awards) prescribes Department of the Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. Paragraph 2-8 (Purple Heart) states the Purple Heart while clearly an individual decoration, the Purple Heart differs from all other decorations in that an individual is not "recommended" for the decoration; rather, he or she is entitled to it upon meeting specific criteria. The Purple Heart is awarded to any member of an Armed Force of the United States under the jurisdiction of the Secretary of the Army who, after 5 April 1917, has been wounded, killed, or who has died or may hereafter die of wounds received, including: after 7 December 1941, pursuant to Title 10, U.S. Code, section 1129 (Purple Heart: Members Killed or Wounded in Action by Friendly Fire), as a result of friendly fire provided the member was killed or wounded in action by friendly weapon fire while directly engaged in armed conflict, other than the result of an act of an enemy of the United States, unless (in the case of a wound) the wound is the result of the willful misconduct of the member. (1) To qualify for award of the Purple Heart, the wound must have been of such severity that it required treatment, not merely examination, by a medical officer. A wound is defined as an injury to any part of the body from an outside force or agent. A physical lesion is not required. (a) Treatment of the wound will be documented in the member’s medical and/or health record. (b) Award may be made for a wound treated by a medical professional other than a medical officer provided a medical officer includes a statement in the member’s medical record that the severity of the wound was such that it would have required treatment by a medical officer if one had been available to provide treatment. (c) A medical professional is defined as a civilian physician or a physician extender. Physician extenders include nurse practitioners, physician assistants, and other medical professionals qualified to provide independent treatment (to include special forces medics). General medics are not physician extenders. (2) Some examples of injuries, which clearly do not justify eligibility for award of the Purple Heart, include exposure to chemical, biological, or nuclear agents not directly released by the enemy. (3) The glossary defines death or wounding by friendly fire as service member(s) killed in action or wounded in action mistakenly or accidently by friendly forces who are directly engaged with the enemy and directing fire at a hostile force or what is thought to be a hostile force. b. Paragraph 2-13 (Armed Forces Expeditionary Medal) states the Armed Forces Expeditionary Medal may be awarded to service members of the Armed Forces of the United States who, after 1 July 1958, participate, or have participated, as members of U.S. military units in U.S. military operations in which service members of any military department participate, in the opinion of the Joint Chiefs of Staff, in significant numbers; or encounter during such participation foreign-armed opposition, or are otherwise placed, or have been placed, in such position that, in the opinion of the Joint Chiefs of Staff, hostile action by foreign armed forces were imminent even though it did not materialize. Service members who earned the Armed Forces Expeditionary Medal for service in Vietnam between 1 July 1958 to 3 July 1965 may elect to receive the Vietnam Service Medal instead of the Armed Forces Expeditionary Medal. However, no service member may be issued both medals for service in Vietnam. c. Paragraph 2-14 (Vietnam Service Medal) states the Vietnam Service Medal is awarded to all service members of the Armed Forces of the United States serving in Vietnam and its contiguous waters or airspace there over after 3 July 1965 through 28 March 1973. Individuals qualified for the Armed Forces Expeditionary Medal by reason of service in Vietnam between 1 July 1958 and 3 July 1965 (inclusive) will remain qualified for that medal. Upon request, any such individual may be awarded the Vietnam Service Medal instead of the Armed Forces Expeditionary Medal. In such instances, the Armed Forces Expeditionary Medal will be deleted from the list of authorized medals in the individual's personnel records. No person will be entitled to both awards for Vietnam service. 4. Army Regulation 672-5-1 (Awards), 3 May 1961 and in effect at the time, stated the Army Good Conduct Medal was 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 from among his fellow Soldiers by his exemplary conduct, efficiency, and fidelity while in an enlisted status. There is no right or entitlement to the medal until the immediate commander has made positive recommendation for its award. a. Qualifying periods of service include, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. b. Throughout a qualifying period, each enlisted person must meet all of the following criteria for an award: (1) All conduct (character) and efficiency ratings must be recorded as "Excellent," except that ratings of "Unknown" for portions of the period under consideration are not disqualifying and service school efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 are not disqualifying. (2) No conviction by court-martial during the period. 5. Army Regulation 640-201 (Personnel Records – Service Record (DA Form 24) and Record of Courts-Martial Convictions (DA Form 26)), 20 September 1961, provided the instructions for preparation and maintenance of the DA Form 24 and DA Form 26. The service record is the compiled military record of the individual enlisted or inducted person. It is a record of permanent value during and after the individual's military service. a. Paragraph 9b(8) (Changes, Errors, and Corrections) stated erasures are limited to the change or elimination of pencil entries. The use of ink eradicator is prohibited. Any changes required of inked or typed entries will be accomplished by drawing a single ink line through each line of the entry without destroying its legibility. Each correction made in the record will be initialed by the responsible officer and dated. b. The instructions for completing the DA Form 24 consisted of: * Section 7 (Combat Record) – enter the name of the battle, campaign, or assault landing participated in during the current enlistment as authorized by general orders, followed by the name of the theater of operations and the inclusive dates of the individual's participation therein * Section 8 (Wounds Received through Enemy Action) – enter a brief description of all wounds or injuries (including from gas) requiring medical treatment received during the current enlistment through enemy action, including those not requiring hospitalization, and enter the date wounded or injured * Section 9 (Medals, Decorations, and Citations) – enter the official title of the medal, decoration, or citation, the authority therefor and the place and date presented 6. Army Regulation 635-5 (Separation Documents), change 2, 18 November 1963, prescribed the separation documents that will be furnished to each individual who is separated from the Army and established standardized procedures for preparation and distribution of these documents. The instructions for preparation and distribution of the DD Form 214 stated all available records will be used as a basis for preparation, to include the DA Form 24. The specific instructions for item 26 stated to enter decorations, etc., awarded or authorized during the period covered by the DD Form 214 from section 9 of the DA Form 24, omitting authorities cited therein. 7. Title 38, U.S. Code, section 1110 (General – Basic Entitlement) provides that for disability resulting from personal injury suffered or disease contracted in the line of duty, or for aggravation of a preexisting injury suffered or disease contracted in the line of duty, in the active military, naval, or air service, during a period of war, the United States will pay to any veteran thus disabled and who was discharged or released under conditions other than dishonorable from the period of service in which said injury or disease was incurred, or preexisting injury or disease was aggravated, compensation as provided in this subchapter, but no compensation shall be paid if the disability is a result of the veteran's own willful misconduct or abuse of alcohol or drugs. 8. Title 38, U.S. Code, section 1131 (Peacetime Disability Compensation – Basic Entitlement), provides that for disability resulting from personal injury suffered or disease contracted in the line of duty, or for aggravation of a preexisting injury suffered or disease contracted in the line of duty, in the active military, naval, or air service, during other than a period of war, the United States will pay to any veteran thus disabled and who was discharged or released under conditions other than dishonorable from the period of service in which said injury or disease was incurred, or preexisting injury or disease was aggravated, compensation as provided in this subchapter, but no compensation shall be paid if the disability is a result of the veteran's own willful misconduct or abuse of alcohol or drugs. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210012421 7 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1