BOARD DATE: 2 May 2017 DOCKET NUMBER: AR20150018029 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 BOARD DATE: 2 May 2017 DOCKET NUMBER: AR20150018029 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: b. awarding him the Army Good Conduct Medal (1st Award) for the period 29 May 1967 to 28 May 1969; a. deleting from his DD Form 214 the Vietnam Service Medal with three bronze service stars; and c. adding to his DD Form 214: * Bronze Star Medal * Air Medal * Army Commendation Medal * Purple Heart * Vietnam Service Medal with silver service star * Army Good Conduct Medal (1st Award) * Republic of Vietnam Gallantry Cross with Palm Unit Citation (2d Award) * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) ____________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: 2 May 2017 DOCKET NUMBER: AR20150018029 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: * Bronze Star Medal * Army Commendation Medal * Air Medal * Purple Heart 2. He states his DD Form 214 does not reflect the above awards. 3. He provides: * Letter, subject: Award of the Purple Heart, dated 6 June 1968 with Western Union Telegram and a newspaper article * Air Medal Certificate, dated 13 December 1968, with citation * BSM Certificate, dated 7 January 1969, with citation * ARCOM certificate, dated 18 January 1969, with citation * 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 Army of the United States on 29 May 1967. 3. His DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 15 December 1967 to 13 December 1968. It also shows in: a. Item 38 (Record of Assignments), he was assigned to Company A, 1st Battalion (Airmobile), 501st Infantry Regiment from 17 December 1967 to 11 December 1968. b. Item 38, he received all "excellent" conduct and efficiency ratings throughout his period of service. c. Item 40 (Wounds), he incurred fragment wounds to his right leg and back on 5 June 1968. d. Item 41 (Awards and Decorations), he qualified as expert with the M-60 machine gun and sharpshooter with the M-16 rifle. 4. There is no record of nonjudicial punishment, court-martial convictions, or any type of adverse action in his available record. There is also no record of a commander's disqualification for award of the Army Good Conduct Medal (AGCM). 5. A letter, from Headquarters 22nd Surgical Hospital, subject: Award of the Purple Heart, dated 6 June 1968, with a Western Union Telegram, and a newspaper article verify the applicant was wounded as a result of hostile action in Vietnam on 5 June 1968 and he was awarded the Purple Heart. Additionally, the applicant's name is listed on the Vietnam casualty listing. The listing confirms he was wounded as a result of hostile action on 5 June 1968. 6. An Air Medal Certificate, dated 13 December 1968 and signed by the Commanding General of the 101st Airborne Division, and citation show the applicant was awarded the Air Medal for meritorious achievement while participating in an aerial combat assault in hostile territory in the RVN on 20 May 1968. There are no orders in the available records showing he was awarded the Air Medal. 7. A Bronze Star Medal Certificate, dated 7 January 1969 and signed by the Commanding General of the 101st Airborne Division, and citation show the applicant was awarded the BSM for distinguishing himself by meritorious achievement in ground operations in the RVN during the period 1 July to 30 November 1968. There are no orders in the available records showing he was awarded the BSM. 8. An Army Commendation Medal Certificate, dated 18 January 1969 and signed by the Commanding General of the 101st Airborne Division, and citation show the applicant was awarded the Army Commendation Medal for distinguishing himself by outstanding meritorious service in connection with ground operations against a hostile force in the RVN during the period 1 April to 30 November 1968. General Orders Number 575, contained in his military personnel file, issued by Headquarters, 101st Airborne Division, dated 18 January 1969, awarded him the Army Commendation Medal for the period 1 July to 30 November 1968. 9. 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 Awards and Decorations Branch of the U.S. Army Human Resources Command, failed to reveal orders for the Purple Heart, Air Medal, or BSM pertaining to the applicant. 10. He was honorably released from active duty on 28 May 1969 and credited with completing 2 years of active service. His DD Form 214 shows the: * National Defense Service Medal * Parachutist Badge * Vietnam Service Medal (VSM) with three bronze service stars * RVN Campaign Medal with Device (1960) * Combat Infantryman Badge REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. It states: a. 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. b. The Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight. This award is primarily intended for personnel on flying status but may also be awarded to those personnel whose combat duties require them to fly; for example, personnel in the attack elements of units involved in air-land assaults against an armed enemy. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. c. The Purple Heart is awarded for 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, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record. d. Appendix B states a bronze service star is awarded for wear on the VSM for participation in each campaign. A silver service star is worn instead of five bronze service stars. His records indicate he participated in the following five campaigns: * Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968) * Tet Counteroffensive (30 January 1968 - 1 April 1968) * Vietnam Counteroffensive Phase IV (2 April 1968 - 30 June 1968) * Vietnam Counteroffensive Phase V (1 July 1968 - 1 November 1968) * Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969) 2. Army Regulation 672-5-1, in effect at the time, stated the AGCM 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. 3. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units that served in the Vietnam War. a. This pamphlet shows the 1st Battalion, 501st Infantry Regiment, to which he was assigned, was cited for the: * RVN Gallantry Cross with Palm Unit Citation for the period 19 April through 15 August 1968 by Department of the Army General Orders (DAGO) Number 51, dated 1969 * RVN Gallantry Cross with Palm Unit Citation for the period 15 August 1968 through 14 May 1969 by DAGO Number 43, dated 1970 * RVN Civil Actions Honor Medal First Class Unit Citation for the period 18 March 1968 through 2 May 1970 by DAGO Number 48, dated 1971 b. The pamphlet states not more than one RVN Gallantry Cross with Palm Unit Citation will be worn by any individual. Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received. DISCUSSION: 1. The applicant provided two certificates and citations indicating he was awarded the Bronze Star Medal and the Air Medal. The available records contain no orders confirming he received these awards. The certificates were signed by the same Commanding General who signed his Army Commendation Medal Certificate (which is confirmed by orders unlike the other two awards). In the absence of orders, the available evidence would support a conclusion that a preponderance of the evidence confirms that he received the Bronze Star Medal and Air Medal and that they should be added to his DD Form 214. 2. The Vietnam casualty listing, a Western Union Telegram, and his DA Form 20 all verify he was wounded by in hostile action on 5 June 1968. Additionally, his name appears on the Vietnam casualty listing. The Purple Heart is not listed on his DD Form 214. 3. Orders verify that he was awarded the ARCOM for the period 1 July to 30 November 1968. This award is not listed on his DD Form 214. 4. The evidence of record shows the applicant received all "excellent" conduct and efficiency ratings throughout his military service. Additionally, he had no adverse actions or commander's disqualification for award of the AGCM. Therefore, it appears he met the qualifications for the first award of the AGCM for the period 29 May 1967 to 28 May 1969. This award is not listed on his DD Form 214. 5. The evidence of record shows he was assigned to the 1st Battalion, 501st Infantry Regiment during the period the unit was cited for award of the RVN Civil Actions Honor Medal First Class Unit Citation and the RVN Gallantry Cross with Palm Unit Citation (2d Award). However, these awards are not listed on his DD Form 214. 6. The evidence also shows he participated in five campaigns during his service in the RVN. He was already awarded the VSM, but his VSM does not show a silver service star to represent the five campaigns. 7. His DA Form 20 lists the Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60) and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16). His DD Form 214 does not reflect these weapon qualification badges. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150018029 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150018029 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2