BOARD DATE: 24 August 2017 DOCKET NUMBER: AR20160001943 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: 24 August 2017 DOCKET NUMBER: AR20160001943 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 Army Good Conduct Medal (1st Award) for the period 25 August 1969 to 13 November 1970; b. deleting the Vietnam Service Medal from his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge); and c. adding to his DD Form 214 the Purple Heart, Army Commendation Medal with "V" Device, Combat Infantryman Badge, Republic of Vietnam Gallantry Cross with Silver Star, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Silver Star, Army Good Conduct Medal (1st Award), and Vietnam Service Medal with two bronze service stars. _____________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: 24 August 2017 DOCKET NUMBER: AR20160001943 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 the Purple Heart, Army Commendation Medal with "V" Device, Combat Infantryman Badge, and Republic of Vietnam Gallantry Cross with Silver Star be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 2. The applicant states that while he was stationed at the Great Lakes Naval Hospital recouping from wounds received in action, he was discharged without reviewing his DD Form 214. Some very important medals and badges were not recorded on his DD Form 214. 3. The applicant provides his DD Form 214 and General Orders Number 6640, dated 13 June 1970 awarding him the Army Commendation Medal with "V" Device. 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 25 August 1969. At the completion of basic combat and advanced individual training, he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman). He was advanced to specialist four (SP4)/E-4 on 25 August 1970. 3. His DA Form 20 (Enlisted Qualification Record) shows in: a. Item 31 (Foreign Service) he served in Vietnam from 22 January to 18 May 1970 and Japan from 19 May to 3 June 1970. b. Item 38 (Record of Assignments) he performed the duties as a rifleman in duty MOS 11B1O while assigned to Company C, 3rd Battalion, 22nd Infantry, 25th Infantry Division in Vietnam from 30 January 1970 and transferred to a patient status at the 249th General Hospital in Japan on 18 May 1970. He received all "excellent" conduct and efficiency ratings throughout his service. c. Item 40 (Wounds) he sustained gunshot wounds to both arms on 13 May 1970. d. Item 41 (Awards and Decorations) does not contain any entries for the Purple Heart, Army Commendation Medal with "V' Device, Combat Infantryman Badge or the Republic of Vietnam Gallantry Cross with Silver Star. 4. His service record contains Headquarters, 3rd Field Hospital, General Orders Number 114, dated 15 May 1970 awarding him the Purple Heart for wounds received in action on 14 May 1970 in Vietnam. 5. His service record does not include orders for award of the Combat Infantryman Badge. 6. He provided Headquarters, 25th Infantry Division General Orders Number 6640, dated 13 June 1970 awarding him the Army Commendation Medal with "V" Device for heroism on 7 April 1970. 7. His service record contains Headquarters, 25th Infantry Division General Orders Number 9155, dated 23 August 1970 awarding him the Silver Star for gallantry in action on 13 May 1970. 8. His service record contains a letter, subject: Authorization for Individual Foreign Award, dated 2 February 1971, that shows an Assistant Adjutant General authorized him to accept and wear a personal award of the Republic of Vietnam Gallantry Cross with Silver Star. 9. His name is listed on the Vietnam casualty roster which indicates he sustained wounds in action on 13 May 1970. 10. The Army retired him from active duty on 13 November 1970 by reason of physical disability and placed him on the temporary disability retired list. The DD Form 214 issued for this period shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with 1960 Device, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and Marksman Marksmanship Qualification Badge with Machine Gun Bar. 11. His service record does not contain a commander's disqualification statement for the first award of the Army Good Conduct Medal. 12. His service record contains Letter Orders Number D 8-231, dated 4 August 1972, which show that he was determined permanently unfit for duty by reason of physical disability and removed him from the temporary disability retired list on 31 August 1972 with 40 percent disability rating. REFERENCES: 1. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. This pamphlet shows the 22nd Infantry, 3rd Battalion was cited for the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 September 1968 to 30 September 1970 by Department of the Army General Order Number 5, dated 1973. 2. Army Regulation 600-8-22 (Military Awards) states there are basically three requirements for award of the Combat Infantryman Badge. The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat. 3. Army Regulation 600-8-22 states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign. Appendix B shows that during his service in Vietnam, he participated in the following two campaigns * Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970) * Sanctuary Counteroffensive (1 May - 30 June 1970) 4. Army Regulation 635-5 (Personnel Separations – Separation Documents) in effect at the time prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. Chapter 2 contains guidance on the preparation of the DD Form 214. Item 13 states to list awards and decorations for all periods of service. Each entry will be verified by the Soldier's records. 5. U.S. Army Vietnam Regulation Number 672-2 (Foreign Awards and Decorations) stated the Republic of Vietnam Gallantry Cross as a personal decoration was awarded to personnel who conducted themselves with heroic action and displayed deeds of valor while fighting the enemy. The more gallant and noteworthy the act, the higher the level of the award. This decoration was awarded in four degrees: with Palm, with Gold Star, with Silver Star, and with Bronze Star. Approval to accept and to wear a personal award of the Republic of Vietnam Gallantry Cross required approval by the Commanding General of United States Army, Vietnam. As with all foreign awards, each recipient of an approved foreign award was provided a copy of the original citation from the foreign government, a translation of the citation if necessary, and a letter authorizing the recipient to receive and wear the decoration. DISCUSSION: 1. General orders published by the 3rd Field Hospital show the applicant was awarded the Purple Heart for wounds received in action on 14 May 1970. However, the Purple Heart is not listed on his DD Form 214. 2. General orders show the applicant was awarded the Army Commendation Medal with "V" Device for heroism on 7 April 1970. However, his DD Form 214 does not reflect this award. 3. The evidence of record shows the applicant completed infantry training and he was awarded MOS 11B. He was assigned to Company C, 3rd Battalion, 22nd Infantry, 25th Infantry Division as a rifleman during his tour of duty in Vietnam. In addition, he was awarded the Purple Heart for wounds received in action on 14 May 1970. Although general orders show the applicant was wounded in action on 14 May 1970, the Vietnam casualty roster and his DA Form 20 both show he sustained wounds in action on 13 May 1970. The evidence indicates he met the criteria for award of the Combat Infantryman Badge for action on 13 May 1970. This award is not listed on his DD Form 214. 4. The applicant provided a letter showing he was authorized to accept and wear a personal award of the Republic of Vietnam Gallantry Cross with Silver Star. However, his DD Form 214 does not reflect this award. 5. The applicant's unit in Vietnam was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment. His DD Form 214 does not reflect this unit award. 6. General orders show the applicant was awarded the Silver Star for gallantry in action on 13 May 1970. However, this decoration is not listed on his DD Form 214. 7. The applicant's service record does not contain evidence showing his commander disqualified him for consideration of the Army Good Conduct Medal (1st Award) for the period 25 August 1969 to 13 November 1970. His record shows he received all "excellent" conduct and efficiency ratings and had no record of disciplinary action or lost time during his period of active military service. The evidence of record indicates he met the criteria for award of the Army Good Conduct Medal (1st Award). This award is not reflected on his DD Form 214. 8. 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 stars to indicate his campaign participation. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160001943 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001943 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2