IN THE CASE OF: BOARD DATE: 31 May 2016 DOCKET NUMBER: AR20150010219 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ____X____ ____X____ ____X____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 31 May 2016 DOCKET NUMBER: AR20150010219 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was 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: a. awarding him the AGCM (1st Award) for the period 1 March 1966 to 28 February 1969; b. deleting the ARCOM with “V” Device from item 24 of his DD Form 214; and c. adding the: * AGCM (1st Award) * ARCOM (2nd Award) with “V” Device 2. The Board further determined that the evidence presented was 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 adding the second award of the Purple Heart, Expert Marksmanship Qualification Badge, and the Parachutist Badge with bronze service star. _____________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. IN THE CASE OF: BOARD DATE: 31 May 2016 DOCKET NUMBER: AR20150010219 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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the: * Purple Heart (PH)(2nd Award) * Army Commendation Medal (ARCOM) (2nd Award) with "V" Device * Parachutist Badge with bronze service star (listed on application as Gold Combat Star) * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) 2. The applicant states his DD Form 214 does not provide a true reflection of his military service and he would like it corrected before he passes away. He further contends that he was or should be awarded a second PH for malaria. 3. The applicant provides: * DD Form 214 * PH orders, dated 13 June 1967 * ARCOM orders for heroism, dated 13 June 1967 * DA Form 1577 (Authorization for Issuance of Awards) 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. A review of the applicant’s record shows he: * enlisted in the Regular Army on 1 March 1966 * served in Vietnam from 19 September 1966 to 14 April 1968 as a mortar gunner with Troop A, 17th Cavalry, 1st Brigade, 101st Airborne Division * received all excellent conduct and efficiency ratings, with the exception of one period, where his conduct was not rated 3. Item 29 (Qualification in Arms), of his DA Form 20 (Enlisted Qualification Record), shows he qualified as a sharpshooter on the M-16 rifle. 4. Headquarters, 1st Brigade, 101st Airborne Division, issued: * General Orders Number 1052, dated 13 June 1967, awarding the applicant the ARCOM with V Device for heroism in connection with military operations against a hostile force on 31 January 1967 * General Orders Number 1198, dated 28 June 1967, awarding the applicant the ARCOM with First Oak Leaf Cluster (2nd Award) for meritorious service 5. His complete medical records are not available for review; however, a DA Form 8-274 (Medical Condition-Physical Profile Record), dated 2 July 1968, shows a diagnosis of acute viral syndrome (flu). There is no documented diagnosis of malaria. 6. A review of the Awards and Decorations Computer-Assisted Retrieval System, 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 a second PH order pertaining to the applicant. 7. His record is void of orders awarding him a second PH, bronze service star for wear on his Parachutist Badge, or the Expert Marksmanship Qualification Badge. 8. There is no documentation in his record to show he was the subject of any disciplinary action throughout his service or evidence of a commander's disqualification precluding him from receiving a recommendation for or award of the Army Good Conduct Medal (AGCM) (1st Award). 9. On 28 February 1969, he was honorably released from active duty in the rank/grade of sergeant (SGT)/E-5 after completing 3 years of total active service. His DD Form 214 shows he was awarded or authorized the following: * National Defense Service Medal * Republic of Vietnam (RVN) Campaign Medal with Device (1960) * Parachutist Badge * Combat Infantryman Badge * Vietnam Service Medal 10. His record contains a DD Form 215 (Correction to DD Form 214), effective 28 February 1969, which deleted the Vietnam Service Medal and RVN Campaign Medal with Device (1960) from his DD Form 214 and added the: * Army Commendation Medal with “V” Device * Purple Heart * Meritorious Unit Emblem * Valorous Unit Emblem * Vietnam Service Medal with four bronze service stars * RVN Campaign Medal with Device (1960) * RVN Gallantry Cross with Palm Unit Citation * Parachutist Badge * Sharpshooter Marksmanship Qualification Badge with Rifle Bar * Marksman Marksmanship Qualification Badge with Pistol Bar REFERENCES: 1. Army Regulation 672-3 (Unit Citation and Campaign Participation Credit Register) does not credit his unit with an assault landing. 2. Army Regulation 672-5-1 (Awards), in effect at the time, stated: a. The AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, 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. The enlisted person must have had all "excellent" conduct and efficiency ratings. There must have been no convictions by a court-martial. b. The bronze service star on the parachutist badge indicates individual participation in a combat parachute assault. Eligibility for award of the bronze service star requires the individual be assigned or attached to an airborne unit credited with a parachute jump into enemy held territory and participation in the parachute assault as a pathfinder or member of the parachute assault force or as a rigger. General orders are required. 3. Army Regulation 600-8-22 (Military Awards) states the PH is not justified for disease not directly caused by enemy agents. DISCUSSION: 1. The applicant requests, in effect, correction of his DD Form 214 to show all of the awards he is authorized to receive including the PH (2nd Award), ARCOM (2nd Award) with "V" Device, Parachutist Badge with bronze service star, and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16). 2. General Orders awarding the applicant the ARCOM with “V” Device and ARCOM (2nd Award) are filed in his military personnel record. His DD Form 214 should reflect the ARCOM (2nd Award) with “V” Device. 3. He received all "excellent" conduct and efficiency ratings during his period of service, with the exception of one unrated period. He held the rank of SGT at the time of separation, and there is no record of any disciplinary action taken against him. There is also no evidence of a commander's disqualification for award of the AGCM. Based on his overall record of service, he meets the qualifications for award of the AGCM (1st Award). 4. There is no evidence that he participated in a combat parachute jump. 5. The applicant’s record is void of orders awarding him a second PH, the Expert Marksmanship Qualification Badge, or the Parachutist Badge with bronze service star. Regulatory guidance requires the announcement of awards and badges in orders. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150010219 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150010219 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2