BOARD DATE: 28 July 2016 DOCKET NUMBER: AR20150011884 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 July 2016 DOCKET NUMBER: AR20150011884 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 Purple Heart for wounds received in action in the Republic of Vietnam on 17 September 1968 (Standard Name Line: SP4, Company A, 3rd Battalion (Airborne), 327th Infantry, U.S. Army Vietnam); b. awarding him the Army Good Conduct Medal (1st Award) for the period 2  April 1968 through 28 January 1970 (Standard Name Line: SP4, Medical Holding Company, U.S. Army Hospital, Fort Ord, CA); c. awarding him the Combat Infantryman Badge (Standard Name Line: SP4, Company A, 3rd Battalion (Airborne), 327th Infantry, U.S. Army Vietnam); d. deleting from item 24 of his DD Form 214 the "Vietnam Service Medal;" and e. adding the following awards to item 24 of his DD Form 214: * Purple Heart * Army Good Conduct Medal (1st Award) * Combat Infantryman Badge * Vietnam Service Medal with 1 Bronze Service Star * Republic of Vietnam Campaign Medal with Device (1960) * Presidential Unit Citation * Meritorious Unit Citation * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation 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 Bronze Star Medal and the Army Commendation Medal. 3. While the available evidence is insufficient for correcting his records to show award of the Bronze Star Medal or the Army Commendation Medal, this in no way affects the applicant's right to pursue his claim for these awards by submitting his request(s) through his Member of Congress under the provisions of 10 USC 1130. ___________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 July 2016 DOCKET NUMBER: AR20150011884 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 military service records to show award of the Purple Heart (PH), the Bronze Star Medal (BSM), the Army Commendation Medal (ARCOM), and the Army Good Conduct Medal (AGCM). 2. The applicant states his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was awarded the National Defense Service Medal and the Vietnam Service Medal. a. He states that while he was serving in the Republic of Vietnam (RVN), he was wounded in action (WIA), there was confusion regarding his condition, and he was presumed to have been killed in action (KIA). However, he had actually been moved to the 12th Evacuation Hospital in Chu Chi, RVN. b. His squad leader came to the hospital to see another Soldier who had been WIA the same night as the applicant. The squad leader was surprised to see the applicant in the hospital and told him that he had heard that the applicant had been KIA. To add to the confusion at the time, his unit was preparing to move to Camp Eagle and his personal effects, including his dog tags, were lost. c. An officer came into the hospital ward and presented the applicant with the PH, the BSM, and the ARCOM. He asked the officer the reasons for the awards and the officer told him for being WIA and that the paperwork explaining the two other decorations would arrive soon. He adds he never received any additional documentation pertaining to the awards. d. He states that correction of his DD Form 214 will assist him in applying for veterans' benefits. 3. The applicant provides copies of a: * self-authored statement (summarized above) * medical record * separation letter * DD Form 214 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 was inducted into the U.S. Army on 2 April 1968. He was awarded military occupational specialty (MOS) 11C (Infantryman Indirect Fire Crewman). 3. The applicant's DA Form 20 (Enlisted Qualification Record), in pertinent part, shows in: * item 31 (Foreign Service), he served in Vietnam from 29 August 1968 through 19 October 1968 * item 33 (Appointments and Reductions), he was promoted to specialist four (SP4)/pay grade E-4 on 31 March 1969 * item 38 (Record of Assignments) – * Company A, 3rd Battalion (Airborne), 187th Infantry, from 11 September 1968 through 3 October 1968 * Medical Holding Detachment, U.S. Army Hospital, Camp Zama, Japan, from 4 October 1968 through 18 October 1968 * Medical Holding Company, U.S. Army Hospital, Fort Ord, CA, from 19 October 1968 through 18 December 1969 * item 40 (Wounds) is blank (no entries) * item 41 (Awards and Decorations) – * National Defense Service Medal * Vietnam Service Medal * Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar * Marksman Marksmanship Qualification Badge with Rifle (M-16) Bar 4. Headquarters, U.S. Army Vietnam, casualty message, 191900Z September 1968, shows the applicant was reported as seriously wounded, on 17 September 1968, while engaged with a hostile force in a firefight. 5. The applicant's DD Form 214 shows he was honorably separated from active duty on 28 January 1970 and placed on the temporary disability retired list (TDRL). He had completed 1 year, 9 months, and 27 days of total active service that included 1 month and 21 days of foreign service. It also shows in: * item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the – * Vietnam Service Medal * National Defense Service Medal * Marksman Marksmanship Qualification Badge with Rifle (M-16) Bar * Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar 6. A review of The Adjutant General's Office, Casualty Division's Vietnam casualty roster shows the applicant as a casualty on 17 September 1968 with casualty status code 22 (hostile WIA; serious, hospitalized). 7. A review of the applicant's military personnel records failed to reveal a copy of any orders or other evidence that shows he was awarded the PH. This review also failed to reveal any orders or other evidence that shows he was awarded or recommended for the BSM, the ARCOM, or the AGCM. 8. A request for 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 U.S. Army Human Resources Command, Awards and Decorations Branch, failed to return any award orders pertaining to the applicant. 9. In support of his application the applicant provides the following additional documents that were not summarized above. a. Standard Form 502 (Clinical Record – Narrative Summary), U.S. Army Hospital, Fort Ord, CA, dated 13 October 1968, shows the applicant sustained multiple fragment wounds to all extremities and the left chest on 16 September 1968 in Vietnam. It also shows the treatment he received on 17 September 1968, along with subsequent diagnoses and further treatments. b. Office of The Adjutant General, Washington, DC, letter, dated 1 November 1971, subject: Transmittal of Separation Documents, that shows The Adjutant General forwarded documents to the applicant removing him from the TDRL and placing him on the permanent retired list. 10. A review of the applicant's military personnel records reveals he may be entitled to additional awards that are not shown on his DD Form 214. 11. A review of the applicant's military personnel record failed to reveal any evidence of disciplinary actions, adverse information, or a commander's disqualification that would have precluded him from being recommended for or awarded the AGCM (1st Award). Item 38 of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings. REFERENCES: 1. Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the AGCM was awarded to individuals who completed a qualifying period of active duty enlisted service. This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service. The enlisted person must have had all "excellent" conduct and efficiency ratings. There must have been no convictions by a court-martial. 2. Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations. a. The PH is awarded for a wound sustained while in action against an enemy or as a result of hostile action. A wound is defined as an injury to any part of the body from an outside force, element, or agent sustained in action in the face of the armed enemy or as a result of a hostile act of such enemy. In order to support awarding a member the PH, substantiating evidence must be provided to verify that 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. The BSM 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. c. The ARCOM may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service. d. The Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty (MOS). They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size. Additionally, Appendix V of U.S. Army Vietnam (USARV) Regulation 672-1 (Military Awards) states that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H. e. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. f. The Vietnam Service Medal (VSM) 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. A bronze service star will be awarded for wear on the VSM for participation in each credited campaign. g. Appendix B contains a list of Vietnam Conflict campaigns. During the applicant's service in Vietnam, participation credit was awarded for the Vietnam Counteroffensive Phase V (1 July - 1 November 1968). h. The RVN 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. Also eligible for this award are individuals who qualified for award of the VSM or the Armed Forces Expeditionary Medal and served for less than six months of service but: * were wounded as a result of hostile action * were captured by hostile forces but later escaped or were rescued or released * were killed in action or otherwise in line of duty 3. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. It shows that during the applicant's period of assignment to Company A, 3rd Battalion (Airborne), 187th Infantry, the battalion was cited in Department of the Army General Orders (DAGO) for the following unit awards: * Presidential Unit Citation for the period 13 June 1968 to 23 September 1968 in DAGO Number 38 (1971) * Meritorious Unit Citation for the period 14 March 1968 to 3 October 1968 in DAGO Number 22 (1976) * RVN Gallantry Cross with Palm Unit Citation for the period 19 July 1968 to 14 May 1969 in DAGO Number 43 (1970) * RVN Civil Actions Honor Medal First Class Unit Citation for the period 3 October 1968 to 2 May 1970 in DAGO Number 48 (1971) 4. Title 10, U.S. Code, section 1130 (10 USC 1130), provides the legal authority for consideration of proposals for decorations not previously submitted or acted upon in a timely fashion. Upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award of or upgrading of a decoration. Based upon such review, the Secretary shall determine the merits of approving the award. 5. The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to: Commander, U.S. Army Human Resources Command, Soldier Programs and Services Division, 1600 Spearhead Division Avenue, Fort Knox, Kentucky  40122. The unit must be clearly identified, along with the period of assignment and the recommended award. A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638. Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents. Supporting evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the facts relative to the request. The burden and costs for researching and assembling supporting documentation rest with the applicant. DISCUSSION: 1. The evidence of record shows the applicant was WIA in the RVN on 17 September 1968, he received medical treatment for his injuries, and the treatment was made a matter of official record. The evidence of record satisfies the criteria for award of the PH. 2. The applicant held MOS 11C, served in active ground combat operations in the RVN, and was assigned to an infantry unit. The evidence of record satisfies the criteria for award of the Combat Infantryman Badge. 3. The evidence of record shows: a. the applicant qualified for award of the VSM, he participated in one campaign during his service in Vietnam, and he is authorized one bronze service star for wear on his already-awarded VSM; b. his service in RVN qualified him for the RVN Campaign Medal with Device (1960); c. general orders awarded the applicant's unit the: * Presidential Unit Citation * Meritorious Unit Citation * RVN Gallantry Cross with Palm Unit Citation * RVN Civil Actions Honor Medal First Class Unit Citation 4. The applicant served a period of continuous, honorable active duty enlisted service from 2 April 1968 through 28 January 1970. a. There is no evidence of any disciplinary actions, adverse information, or a commander's disqualification for the first award of the AGCM. b. He was promoted to SP4 (E-4) and he received all "excellent" conduct and efficiency ratings during his service. c. The available evidence indicates he met the criteria for award of the AGCM (1st Award). 5. The applicant's records are absent orders or any other evidence that shows he was awarded the BSM or the ARCOM. A review of the ADCARS data base failed to produce a copy of orders awarding him the BSM or the ARCOM. a. The evidence of record shows award of a personal decoration requires a formal recommendation, approval through the chain of command, and announcement in orders. b. There is no evidence of record showing he was recommended for or awarded the BSM or the ARCOM. There is an insufficient evidentiary basis for correcting the applicant's records to show either of these awards. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150011884 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150011884 8 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2