IN THE CASE OF: BOARD DATE: 23 June 2016 DOCKET NUMBER: AR20150010906 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: 23 June 2016 DOCKET NUMBER: AR20150010906 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: a. Awarding him the Army Good Conduct Medal (First Award) for the period 15 May 1967 through 14 May 1970. b. Deleting from his DD Form 214 the Vietnam Service Medal. c. Adding to his DD Form 214: * Purple Heart (3rd Award) * Army Commendation Medal * Valorous Unit Award * Vietnam Campaign Medal with four bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Army Good Conduct Medal d. Issuing him certificates for the Purple Hearts, and Bronze Star Medal. 2. The Board further determined that 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 a “jungle expert badge” to his DD Form 214. _____________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: 23 June 2016 DOCKET NUMBER: AR20150010906 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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was awarded the Purple Heart (PH) (3rd Award), the Army Commendation Medal (ARCOM), and the Jungle Expert Badge. He also requests certificates for the PHs, ARCOM, and Bronze Star Medal (BSM). 2. The applicant states, in effect, that the records he has provided support his request. 3. The applicant provides: * DD Form 214 and draft * Board of Veterans’ Appeals letter dated 5 January 1995 * DA Form 1577 (Authorization for Issuance of Awards) * DA Form 20 (Enlisted Qualification Record) * ARCOM Citation * BSM Citation * Honorable Discharge Certificate * Photograph 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. On 15 May 1967, the applicant enlisted in the Regular Army. He completed initial training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman). 3. The applicant’s DA Form 20 (2 pages) shows in: a. Item 27 (Military Education) – Advanced Infantry Training. b. Item 38 (Record of Assignments): * he was assigned to1st Battalion, 18th Infantry, 1st Infantry Division in the Republic of Vietnam (RVN) from 8 November 1967 to 20 October 1968 * he received all “excellent” conduct and efficiency ratings c. Item 39 (Campaigns): * RVN Counteroffensive Phase III (1 June 1967 – 29 January 1968) * Tet Counteroffensive (30 January 1968 – 1 April 1968) * RVN Counteroffensive Phase IV (2 April 1968 – 30 June 1968) * RVN Counteroffensive Phase V (1 July 1968 – 1 November 1968) d. Item 40 (Wounds): * Penetrating Shrapnel Wound to left lower leg – 12 March 1968 * Fragment wound right hand – 5 October 1968 * Other fragment wound to right side of knee – 14 February 1968 e. Item 41 (Awards and Decorations): * National Defense Service Medal (NDSM) * Vietnam Service Medal (VSM) * Combat Infantryman Badge (CIB) * RVN Campaign Medal (RVNCM) * BSM * PH * PH (2nd Award) – General Orders (GO) 11165, issued by Headquarters, 1st Infantry Division * Two Overseas Service Bars * ARCOM * Marksman Marksmanship Qualification Badge with Rifle Bar 4. GO Number 2980, issued by Headquarters, 1st Infantry Division, dated 2 April 1968, awarded the applicant the PH for wounds received in connection with military operations against a hostile force on 12 March 1968. 5. GO Number 11540, issued by Headquarters, 1st Infantry Division, dated 31 October 1968, awarded the applicant the ARCOM for meritorious achievement for the period 20 May to 20 October 1968. 6. On 14 May 1970, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve. He completed 3 years of total active service. His DD Form 214 shows he was awarded or authorized the: * NDSM * VSM * CIB * Marksman Marksmanship Qualification Badge with Rifle Bar * PH * BSM * Two Overseas Service Bars * RVNCM * PH (2nd Award) 7. The applicant provides a letter from the Board of Veterans’ Appeals, dated 5 January 1995, that shows he sought increased service-connected disability ratings for residuals of gunshot wounds to his left leg, shell fragment wound to his right thigh, and shell fragment wound to his right hand. 8. He provides an untitled and undated document that appears to show he attended Jungle Expert training in Panama; however, the date of the training is not listed. 9. The applicant’s records do not contain any orders to confirm his attendance at the Jungle Warfare Training Center or award of the Jungle Expert Badge. REFERENCES: 1. Army Regulation 600-200 (Enlisted Personnel Management System), chapter 9 of the version in effect at the time, stated, in pertinent part, that a brief description of wounds or injuries (including injury from gas) requiring medical treatment that were received through hostile or enemy action, including those requiring hospitalization would be entered in item 40 of the DA Form 20. This regulation further stated the date the wound or injury occurred would also be placed in item 40. 2. Army Regulation 672-5-1 (Military Awards), then in effect, promulgated Department of the Army policy, criteria, and administrative instructions concerning individual military awards. a. The Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service. This period was each 3 years but, as little as 1 year is required for the first award in those cases when the period of service ends with the termination of active enlisted Federal military service. b. The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial. Ratings of "unknown" for portions of the period under consideration were not disqualifying. c. The PH was awarded to any member of an Armed Force or any civilian national of the United States who, while serving under competent authority in any capacity with one of the U.S. Armed Services was wounded or died as a result of a wound sustained as a result of hostile action. Substantiating evidence must be provided to verify that the wound was the result of hostile action, required treatment by a medical officer, and the medical treatment was made a matter of official record. d. The award of a bronze service star is authorized based on qualifying service for each campaign listed in table B-1. Authorized service stars will be worn on the appropriate campaign and service medal, which in this case is the VSM. 3. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems awarded during the Vietnam Conflict. During the time of the applicant’s assignment to the 1st Battalion, 18th Infantry, the unit was awarded the: * RVN Gallantry Cross with Palm Unit Citation for the period 12 July 1965 – 16 October 1968, by Department of the Army General Order (DAGO) 21, dated 1969 * Valorous Unit Award (VUA) for the period 6 October 1967 – 10 December 1967, by DAGO 32, dated 1973 * RVN Civil Actions Honor Medal First Class Unit Citation for the period 12 July 1965 – 7 April 1970, by DAGO 53, dated 1970 4. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. Chapter 2 contains guidance on the preparation of the DD Form 214. The version of the regulation in effect at the time of the applicant’s separation stated item 25 of the DD Form 214 showed installation training courses (qualification courses) successfully completed by the Soldier during the period by the DD Form 214. 5. Army Regulation 600-8-22 (Military Awards) does not identify the Jungle Expert Badge as an authorized badge/award to be recorded on the DD Form 214. 6. Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) governs the requirements for wear of the shoulder sleeve insignia for former wartime service, commonly referred to as a “combat patch.” The regulation authorizes optional wear of the U.S. Army shoulder sleeve insignia of any former wartime unit in which a Soldier served during a period of eligibility. Periods of eligibility are announced by Department of the Army (DA) and only shoulder sleeve insignia approved for wear by Headquarters, DA are authorized to be worn on the right sleeve of Army uniforms to signify wartime service. DISCUSSION: 1. The applicant’s DA Form 20, item 40 shows he was wounded on three occasions: 14 February 1968, 12 March 1968, and on 5 October 1968; however only two awards of the PH are reflected on his DD Form 214. 2. GO Number 11540, issued by Headquarters, 1st Infantry Division, dated 31 October 1968, show the applicant was awarded the ARCOM. 3. The applicant's records do not show any indiscipline or lost time and he received conduct and efficiency ratings of "excellent" throughout his military service. The preponderance of evidence shows the applicant met the criteria for the Army Good Conduct Medal (1st Award) based on completion of qualifying service from 15 May 1967 to 14 May 1970. 4. The applicant participated in four RVN campaigns and is authorized four bronze service stars to be worn on his already- awarded VSM. 5. Based on his service in the RVN with 1st Battalion, 18th Infantry, he is authorized the RVN Gallantry Cross with Palm Unit Citation, VUA, and the RVN Civil Actions Honor Medal First Class Unit Citation. 6. There is no evidence in his military records that indicates he was awarded the Jungle Expert Badge. In addition, even if there was evidence of him receiving this award, there are no provisions in Army regulations authorizing the recording of this item on 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) AR20150010906 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150010906 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2