BOARD DATE: 7 November 2017 DOCKET NUMBER: AR20160001545 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: 7 November 2017 DOCKET NUMBER: AR20160001545 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was 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 (1st Award) for the period 22 March 1966 through 25 January 1968; b. deleting the Vietnam Service Medal from his DD Form 214; and c. adding to his DD Form 214: * Purple Heart * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with two bronze service stars * Meritorious Unit Commendation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Republic of Vietnam Gallantry Cross with Palm Unit Citation 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 correction of his DD Form 214 to show a second award of the Purple Heart. ___________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: 7 November 2017 DOCKET NUMBER: AR20160001545 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) to state two awards of the Purple Heart. 2. The applicant states his DD Form 214 does not indicate his award of two Purple Hearts. He has only one Purple Heart certificate. He was unaware that the Purple Heart had to be reflected on his DD Form 214. He needs his DD Form 214 corrected for coverage from the Department of Veterans Affairs (VA). 3. The applicant provides copies of his Purple Heart Certificate and 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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations. 2. The applicant was inducted into the Army of the United States on 22 March 1966. He served in military occupational specialty 11B (Light Weapons Infantryman). 3. He served in Vietnam from 14 September 1966 to 11 September 1967 during two campaigns while assigned to: * Company B, 1st Battalion, 26th Infantry, from 20 September 1966 to 1 February 1967 * 121st Signal Battalion, from 2 February to 11 September 1967 4. His records contain the following orders issued by Headquarters, 1st Infantry Division: * General Order (GO) Number 2802, dated 29 October 1966, awarding him the Purple Heart for wounds received in connection with military operations against a hostile force action in Vietnam on 28 October 1966 * GO Number 2876, 5 November 1966, amending GO Number 2802 (there are no changes to the original orders pertaining to the applicant) 5. He provided a copy of a certificate, dated 28 October 1966, awarding him the Purple Heart for wounds received in action in Vietnam on 28 October 1966. 6. He was honorably released from active duty on 25 January 1968 and he was transferred to the U.S. Army Reserve Control Group (Annual Training). He was credited with completing 1 year, 10 months, and 4 days of net active service. His DD Form 214 lists the: * Combat Infantryman Badge * Vietnam Service Medal * Vietnam Campaign Medal * National Defense Service Medal 7. His DA Form 20 (Enlisted Qualification Record) shows in: * Item 38 (Record of Assignments) – He received "excellent" conduct and efficiency ratings throughout his period of service; there is no evidence of a commander's disqualification for award of the Army Good Conduct Medal (1st Award) during his period of service * Item 40 (Wounds) – MP (Mental Problems) Stress Reaction on 28 October 1966 * Item 41 (Awards and Decorations) – the Purple Heart (GO Number 2802) and all awards listed on his DD Form 214 8. His record is also void of any orders authorizing or awarding him a second award of the Purple Heart during his period of service in Vietnam. 9. During the processing of this case, a member of the Board's staff reviewed the Department of the Army Vietnam casualty roster. The applicant's name is not included on this roster. 10. 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 Military Awards Branch of the U.S. Army Human Resources Command, revealed GO Number 2802, dated 29 October 1966, awarding the applicant the Purple Heart. REFERENCES: 1. Army Regulation (AR) 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. For each subsequent award an oak leaf cluster will be awarded to be worn on the medal or ribbon. No more than one award will be made for more than one wound or injury received at the same instant or from the same missile, force, explosion, or agent. b. A bronze star is authorized for wear on the Vietnam Service Medal to denote campaign participation. His records indicate he participated in the following two campaigns: * Vietnam Counteroffensive Phase II (1 July 1966 to 31 May 1967) * Vietnam Counteroffensive Phase III (1 June 1967 to 29 January 1968) 2. AR 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded 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. There must have been no convictions by a court-marital. 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. Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows his unit, Company B, 1st Battalion, 26th Infantry, was cited for award of the: * Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 12 July 1965 to 16 October 1968, by DAGO Number 21, dated 1969 * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period October 1965 to 7 April 1970, by DAGO Number 53, dated 1970 4. DA Pamphlet 672-3 also shows his unit, the 121st Signal Battalion, was cited for award of the Meritorious Unit Commendation for the period June 1966 to May 1967, by DAGO Number 17, dated 1968. DISCUSSION: 1. GO awarded the applicant the Purple Heart for wounds received in action in Vietnam on 28 October 1966. This award is not listed on his DD Form 214. 2. 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 Army Good Conduct Medal (1st Award). Therefore, it appears he met the qualifications for the first award of the Army Good Conduct Medal (1st Award) for the 22 March 1966 to 25 January 1968. This award is not listed on his DD Form 214.and its addition to his DD Form 214. 3. The applicant's records show he participated in two campaigns during his service in the Republic of Vietnam. However, the Vietnam Service Medal listed on his DD Form 214 does not reflect two bronze service star to indicate his campaign participation. 4. GO awarded his units in Vietnam the Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his periods of assignment. His DD Form 214 does not reflect these awards. 5. With respect to a second award of the Purple Heart: a. There is no evidence showing he sustained a second wound/injury as a result of enemy action during his period of service in Vietnam and/or orders authorizing and awarding him a second award of the Purple Heart. b. By regulation, to be awarded the Purple Heart it is necessary to established that a Soldier was wounded or injured in action. There must be evidence confirming the wound/injury for which the award is being made was received as a direct result of, or was caused by enemy action, that the wound was treated by medical personnel, and a record of this treatment must have been made a matter of official record. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160001545 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001545 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2