IN THE CASE OF: BOARD DATE: 4 August 2016 DOCKET NUMBER: AR20150012222 BOARD VOTE: ____x____ ___x___ ____x___ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 4 August 2016 DOCKET NUMBER: AR20150012222 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for 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 7 January 1969 to 5 October 1970; b. awarding him the CIB for action on 16 August 1969; c. deleting the VSM from his DD Form 214; and d. adding to his DD Form 214: * Purple Heart * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with two bronze service stars * Valorous Unit Award * RVN Gallantry Cross with Palm Unit Citation * Combat Infantryman Badge * Marksman Marksmanship Qualification Badge with M-60 Machine Gun Bar _____________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: 4 August 2016 DOCKET NUMBER: AR20150012222 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 award of the Purple Heart (PH). 2. The applicant states his DD Form 214 is in error because it does not show his award of the PH. 3. The applicant provides a copy of his PH certificate and order. 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 7 January 1969. He was trained in and awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman). 3. His DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 7 June to 13 September 1969 while assigned as a rifleman to Company B, 1st Battalion, 46th Infantry Regiment, 196th Infantry Brigade. 4. Item 38 (Record of Assignments) of his DA Form 20 shows he received “excellent" conduct and efficiency ratings during his active duty service, except for two periods of "unknown" conduct and efficiency ratings while in a patient status. 5. Item 41 (Awards and Decorations) of his DA Form 20 includes an entry showing he qualified as a Marksman with the M-60 machine gun. Item 41 does not list the PH. Item 40 (Wounds) of his DA Form 20 includes an entry showing he sustained fragment wounds to his abdomen on 16 August 1969. 6. General Orders Number 199, Headquarters, 95th Evacuation Hospital (Semi-Mobile), dated 18 August 1969, announced the applicant's award of the PH for wounds received in connection with military operations against a hostile force on 16 August 1969. 7. The applicant's military records are void of any orders or other documents that indicate he was ever recommended for or awarded the CIB by proper authority while serving on active duty. 8. The applicant's military records contain no documents to show he was ever recommended for or awarded the Army Good Conduct Medal (AGCM) by the appropriate award authority. His records are also void of a disqualification from any of his active duty unit commanders that would have precluded him from receiving the AGCM. 9. On 5 October 1970, the applicant was honorably released from active duty in the rank of specialist four (SP4/E-4) after completing 1 year, 8 months, and 29 days of total active service. The applicant's DD Form 214 shows he was awarded or authorized the following: * National Defense Service Medal * Vietnam Service Medal (VSM) * RVN Campaign Medal * Expert Marksmanship Qualification Badge with Rifle Bar (M-16 and M-14) REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy. a. Paragraph 2-13 contains guidance for award of the VSM. A bronze service star is authorized with this award for each RVN campaign a member is credited with participating in while serving in the RVN. Appendix B shows participation credit was awarded for the following two campaigns during the applicant's service in Vietnam: * TET 69 Counteroffensive * Vietnam Summer-Fall 1969 b. Chapter 8 contains guidance for award of combat badges. The CIB is awarded to infantry officers and to enlisted and warrant officer personnel who have an infantry MOS. They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size. 2. Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; 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. Ratings of “Unknown” for portions of the period under consideration were not disqualifying. There must have been no convictions by a court-martial. However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders. 3. Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict. This pamphlet shows the 1st Battalion, 46th Infantry Regiment, was cited in Department of the Army General Orders (DAGO) for the following awards as indicated: * DAGO Number (#) 43, 1972 announced award of the Valorous Unit Award (VUA) for the period 11 – 31 August 1969 * DAGO #6, 1974, announced award of the RVN Gallantry Cross with Palm Unit Citation for the period 16 April – 28 August 1969 DISCUSSION: 1. The applicant claims entitlement to the PH. His DA Form 20 confirms he sustained fragment wounds in his abdomen on 16 August 1969, and he provides the official orders showing his award of the PH was announced in official orders by the appropriate award authority. This award was not listed on his DD Form 214. 2. The evidence of record confirms the applicant held an infantry MOS and served with the 46th Infantry Regiment while this unit was engaged in combat against a hostile force as evidenced by his PH award orders. As a result, the regulatory criteria necessary for the award of the CIB appear to have been satisfied. 3. The applicant's DA Form 20 confirms he received "excellent" conduct and efficiency ratings in all of his active duty assignments except for two periods of "unknown" while in a patient status that were not disqualifying and his records are void of any derogatory information or a unit commander's disqualification that would have precluded him from receiving the AGCM. In addition, he was timely promoted, achieving the rank of SP4. The evidence indicates he met the criteria for award of the AGCM during the period 7 January 1969 through 5 October 1970. 4. The evidence of record confirms the applicant qualified as Marksman with the M-60 machine gun. The associated badge is not listed on his DD Form 214. 5. He served in a unit during a period for which the unit was awarded the VUA and RVNGC with Palm Unit Citation. He served in Vietnam during two campaigns, authorizing two bronze service stars for his already-awarded VSM. These unit awards and appurtenances were not recorded on his DD Form 214. //NOTHINGS FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150012222 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150012222 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2