BOARD DATE: 28 June 2016 DOCKET NUMBER: AR20150010465 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 BOARD DATE: 28 June 2016 DOCKET NUMBER: AR20150010465 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 adding to his DD Form 214 for the period ending 5 July 1968: * Army Commendation Medal * Army Good Conduct Medal (First Award) * Driver and Mechanic Badge with Driver-W Bar * three bronze service stars for his already-awarded Vietnam Service Medal * Meritorious Unit Commendation (2nd Award) * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Expert Marksmanship Qualification Badge with Rifle Bar * Sharpshooter Marksmanship Qualification Badge with Carbine Bar 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 adding any awards other than those listed above to his DD Form 214 for the period ending 6 July 1968. __________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: 28 June 2016 DOCKET NUMBER: AR20150010465 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 1968 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart and all other authorized awards. 2. The applicant states: a. He received the Purple Heart Medal prior to leaving Vietnam in June 1968. He did not receive the orders, he was told the orders would be sent. b. When he left Vietnam he was told he was to receive the Bronze Star Medal in the mail. He received a letter forwarding an Army Commendation Medal instead. He requests this medal be upgraded to the Bronze Star Medal as he was told he would receive. 3. The applicant provides copies of– * Page 2 of 2 September 1965 orders for the Army Good Conduct Medal (First Award) * 12 July 1968 memorandum transmitting award of the Army Commendation Medal * 22 September 1978 announcement of award of the Army Reserve Components Achievement Medal * 19 November 1984 Army Achievement Medal orders and Certificate * 1 February 1986 announcement of award of the Armed Forces Reserve Medal * 1 February 1986 announcement of awards of the Army Reserve Component Achievement Medal * 24 October 1986 Army Commendation Medal Certificate * 26 October 1988 Army Achievement Medal orders and Certificate * 9 September 1990 Army Commendation Medal Certificate 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 enlisted in the Regular Army on 14 August 1962. He held military occupational specialty (MOS) 64B (Heavy Vehicle Driver). 3. A DD Form 214 shows he was discharged for the purpose of immediate reenlistment on 13 August 1965 as a specialist four (SP4)/E-4. The DD Form 214 shows his awards as the Expert Marksmanship Qualification Badge with Rifle Bar, Letter of Commendation, and the Driver and Mechanic Badge with Driver-W Bar. 4. General Orders Number 28, issued by Headquarters, U.S. Army Garrison, Fort Shafter, HI, dated 2 September 1965, show he was awarded the Army Good Conduct Medal (First Award) for his service from 2 September 1962 to 1 September 1965. 5. His DA Form 20 (Enlisted Qualification Record) shows in: a. item 38 (Record of Assignments) – he was assigned to duty in Vietnam with Company A, 169th Engineer Battalion, from 12 July 1967 to 2 July 1968. b. item 40 (Wounds) – no entry; and c. item 41 (Awards and Decorations) – National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Driver and Mechanic Badge with Driver-W Bar, Expert Marksmanship Qualification Badge with Rifle Bar, and the Sharpshooter Marksmanship Qualification Badge with Carbine Bar. 6. He was honorably released from active duty (REFRAD) on 5 July 1968 as a specialist five (SP5)/E-5. He had completed a total of 5 years, 10 months, and 22 days of active duty service. The DD Form 214 issued at that time shows he was awarded the National Defense Service Medal, Vietnam Service Medal, and Vietnam Campaign Medal. 7. Subsequent to his active duty service, he served in the U.S. Army Reserve. His record contains no evidence of any additional periods of active duty service. 8. His name is not listed on the Vietnam Casualty Roster. 9. Review of the Awards and Decorations Computer-Assisted Retrieval System, a partial compilation of general orders issued during the Vietnam era maintained by the Awards and Decorations Branch of the U.S. Army Human Resources Command, failed to reveal any orders pertaining to the applicant. 10. His record does not contain any evidence he was entitled to, recommended for, or awarded the Purple Heart, Bronze Star Medal, or any other personal decoration during his active duty service. 11. In support his request he provided: a. A memorandum from the Commander, 169th Engineer Battalion, informing him he had been awarded the Army Commendation Medal for his service with his unit in Vietnam, which was enclosed with the memorandum. Orders announcing award were not provided and are not in the available records. The list of enclosures on the memorandum shows three copies of Headquarters, 20th Engineer Brigade, General Orders Number 679 were among the enclosed documents. A certificate and citation were also enclosed. b. Documentation showing he was awarded the – (1) Army Reserve Components Achievement Medal for the period 29 May 1974 to 28 May 1978; (2) Army Achievement Medal for the period 29 September 1984 to 13 October 1984; (3) Army Achievement Medal for the period 29 September 1984 to 13 October 1984: (4) Armed Forces Reserve Medal for the period 28 May 1974 to 27 May 1984; (5) Army Reserve Components Achievement Medal for the period 28 May 1978 to 27 May 1982; (6) Army Commendation Medal for the period 1 October 1982 to 30 September 1986; (7) Army Achievement Medal for the period 1 November 1986 to 28 October 1988; and (8) Army Commendation Medal for the period 1 June 1989 to 1 June 1990. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states: a. The Purple Heart is awarded for a wound sustained while 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. A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign. A bronze service star is authorized for each campaign. During his service in Vietnam, the applicant participated in the following three campaigns: * Counteroffensive Phase III (1 June 1967 - 29 January 1968) * Tet Counteroffensive (30 January - 1 April 1968) * Counteroffensive Phase IV (2 April - 30 June 1968) c. The Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. 2. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the Republic of Vietnam. This pamphlet shows the 169th Engineer Battalion was cited for award of the: a. Meritorious Unit Commendation for the period 1 May-31 October 1967, in Department of the Army General Orders (DAGO) 66, dated 1968 and for the period 1 November 1967-30 April 1968 in DAGO Number 43, dated 1969; and b. Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 3 August 21967-9 February 1970 in DAGO Number 43, dated 1970. 3. Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973. 4. Army Regulation 635-5 (Separation Documents), in effect at the time, stated the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear cut record of active duty service at the time of release from active duty, retirement, or discharge. DISCUSSION: 1. Orders show he was awarded the Army Good Conduct Medal (First Award) for the period 2 September 1962 to 1 December 1965. The award was not listed on his 1968 DD Form 214. 2. His DA Form 20 shows he was awarded the Driver and Mechanic Badge with Driver-W Bar, Expert Marksmanship Qualification Badge with Rifle Bar, and Sharpshooter Marksmanship Qualification Badge with Carbine Bar. These awards are not shown on his 1968 DD Form 214. 3. Records show he participated in three campaign periods during his service in Vietnam. He is authorized three bronze service stars for wear on his already-awarded Vietnam Service Medal which are not shown on his 1968 DD Form 214. 4. His unit was cited for two awards of the Meritorious Unit Commendation, and one award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and Republic of Vietnam Gallantry Cross with Palm Unit Citation for periods that coincided with the his tour of duty. These unit awards are not shown on his 1968 DD Form 214. 5. There is no substantiating evidence showing he was wounded as a result of enemy action while in Vietnam and therefore entitled to the Purple Heart. 6. These is no evidence showing he was recommended for or awarded the Bronze Star Medal. 7. He provides a memorandum showing he was awarded he Army Commendation Medal for his service in Vietnam. Although the orders are not available, the memorandum does indicate that orders were published and he was issued a certificate, citation, and medal set. 8. He provides several documents pertaining to awards he earned after his period of active duty. There are no provisions for adding awards to a DD Form 214 when they were earned after the period of service covered by the 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) AR20150010465 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150010465 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2