BOARD DATE: 25 May 2017 DOCKET NUMBER: AR20160001979 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: 25 May 2017 DOCKET NUMBER: AR20160001979 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 adding the following awards to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge): * 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 adding the Purple Heart or the "Cold War Medal" to his DD Form 214. _____________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: 25 May 2017 DOCKET NUMBER: AR20160001979 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 award of the Purple Heart and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show: * Cold War Medal [Cold War Recognition Certificate] * Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation * RVN Civil Actions Honor Medal First Class Unit Citation * any additional awards he may be authorized based on his foreign service in the RVN 2. He states he never received the Purple Heart for a wound to his hand. 3. He provides: * DD Form 214 * DD Form 215 (Correction to 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. He enlisted in the Regular Army on 19 July 1968. 3. His DA Form 20 (Enlisted Qualification Record) shows he served in the RVN from 9 January to 7 December 1969 and was assigned as follow: * Headquarters and Headquarters Detachment, 11th Combat Aviation Battalion, from 11 January to 28 January 1969 * 128th Assault Helicopter Company, from 29 January to 24 November 1969 * 106th General Hospital Company, from 25 November to 7 December 1969 4. His military records contain a DA Form 2496 (Disposition Form) with an entry dated 2 January 1970 which states, "Patient was injured by a shortimer stick when it blew up in his hand, 2000 hours, 13 Nov 69, Fhu Loy, RVN. LD [Line of Duty]: undetermined, pending investigation. Multiple fragment wound of left hand." 5. Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) is blank and the awards listed in item 41 (Awards and Decorations) do not include the Purple Heart. 6. On 16 July 1971 the applicant was honorably released from active duty. His DD Form 214 shows he was awarded or authorized the following: * National Defense Service Medal * Vietnam Service Medal with four bronze service stars * RVN Campaign Medal with Device (1960) * Air Medal * Aircraft Crewman Badge * Expert Marksmanship Qualification Badge with Rifle Bar 7. On 31 October 2015 he was issued a DD Form 215, which shows deletion of the Air Medal and addition of the following awards: * Air Medal with numeral 32 * Army Good Conduct Medal * Army Commendation Medal * Marksman Marksmanship Qualification Badge with Rifle Bar 8. 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 U.S. Army Human Resources Command Military Awards Branch, failed to reveal orders for the Purple Heart. 9. A review of the Adjutant General's Office Casualty Division's Vietnam Casualty Listing does not show the applicant's name. REFERENCES: 1. The Cold War Recognition Certificate is not governed by the provisions of Army Regulation 600-8-22 (Military Awards) and, as a result, is not shown on a discharge document. In accordance with section 1084 of the Fiscal Year 1998 National Defense Authorization Act (NDAA), the Secretary of Defense approved awarding the Cold War Recognition Certificate to all members of the armed forces and qualified federal government civilian personnel who faithfully and honorably served the United States anytime during the Cold War era, which is defined as 2 September 1945 to 26 December 1991. The applicant may submit a request in writing to: U.S. Army Human Resources Command Cold War Recognition Program ATTN: AHRC-PDP-A 1600 Spearhead Division Avenue Fort Knox KY 50122 2. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. It states in order to support award of the Purple Heart there must be evidence to show the wound for which the award is being made was received as a result of enemy action (emphasis added), the wound required treatment by military medical personnel, and a record of that treatment must have been made a matter of official record. Further a review of this same regulation shows the Department of the Army does not have an award described as the "Cold War Medal." 3. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant’s unit, 128th Aviation Company, was cited for award of the RVN Civil Actions Honor Medal First Class Unit Citation for the period 1 May 1969 to 15 May 1970 in Department of the Army General Orders (DAGO) Number 55, dated 1971. 4. The same regulation authorized the award of the RVN Gallantry Cross with Palm Unit Citation based on DAGO Number 8, dated 1974, to all units serving in the RVN. DISCUSSION: 1. The applicant requests award of the Purple Heart and correction of his DD Form 214 to show: * Cold War Medal * RVN Gallantry Cross with Palm Unit Citation * RVN Civil Actions Honor Medal First Class Unit Citation * any additional awards he may be authorized based on his foreign service in the RVN 2. Cold War Recognition Certificates must be requested through the U.S. Army Human Resources Command. There is no "Cold War Medal" per Army regulatory guidance. 3. His record confirms he sustained multiple fragment wounds when a "shortimer" stick exploded in his hand. There is no evidence this wound was the result of enemy action. Further, item 40 of his DA Form 20 is blank indicating he was not wounded in action and his name is not included on the Vietnam casualty list. The award of the Purple Heart requires evidence the wound for which the award is being made was received as a result of enemy action. 4. Based on the applicant's service and campaign participation in the RVN, he is authorized award of the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160001979 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001979 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2