BOARD DATE: : 5 September 2017 DOCKET NUMBER: AR20160002688 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: : 5 September 2017 DOCKET NUMBER: AR20160002688 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 Purple Heart for wounds received in action on 19 March 1969, b. awarding him the Army Good Conduct Medal (1st Award) for the period 29 November 1967 through 19 November 1969, c. deleting the Vietnam Service Medal from his DD Form 214, and d. adding the following awards to his DD Form 214: * Bronze Star Medal (1st Oak Leaf Cluster) * Purple Heart * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with four bronze service stars * Republic of Vietnam Campaign Medal with Device (1960) * Valorous Unit Award * Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award) * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) _______________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: 5 September 2017 DOCKET NUMBER: AR20160002688 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 the following awards: * two Bronze Star Medals * Purple Heart * unspecified Sharpshooter Marksmanship Qualification Badge * Republic of Vietnam Campaign Medal with Device (1960) 2. The applicant states he wants his DD Form 214 to list all medals and commendations. He was awarded the Bronze Star Medal with First Oak Leaf Cluster on 16 June 1969. 3. The applicant provides a Bronze Star Medal with First Oak Leaf Cluster Certificate. 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 23 November 1967. 3. Headquarters, U.S. Army Training Center and Fort Leonard Wood, Special Orders Number 52, dated 21 February 1968, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14). 4. He served in Vietnam from 24 May 1968 through 17 April 1969 where he was assigned to Company C, 1st Battalion (Airborne), 502d Infantry Regiment. He participated in four campaigns during his assignment in Vietnam. 5. Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his service. 6. Item 40 (Wounds) of his DA Form 20 shows the entry "GSW L. SHOLDER [gunshot wound left shoulder]" on 19 March 1969. 7. A Western Union telegram, dated 23 March 1969, shows he was wounded in action on 19 March 1969 by small arms fire from a hostile force in Vietnam. He received a wound to his left shoulder. 8. A DA Form 8-275-2 (Clinical Record Cover Sheet), dated 18 April 1969, shows the Purple Heart was not awarded at the 106th General Hospital. 9. He provided a Bronze Star Medal with First Oak Leaf Cluster Certificate, dated 16 June 1969, for heroism on 19 March 1969 in Vietnam. 10. On 19 November 1969, he retired and was placed on the Temporary Disability Retired List the following day. He completed 1 year, 11 months, and 21 days of creditable active service with no time lost. 11. His DD Form 214 shows he was awarded or authorized the: * National Defense Service Medal * Army Commendation Medal * Vietnam Service Medal * one Overseas Service Bar * First Class Gunner (81 Mortar) * Combat Infantryman Badge * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Marksman Marksmanship Qualification Badge with Pistol Bar 12. There are no orders for the Bronze Star Medal or Purple Heart in his available records. 13. There is no evidence indicating he was awarded the first award of the Army Good Conduct Medal. There also is no evidence of any disciplinary action or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal. 14. 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 any orders for the Bronze Star Medal or Purple Heart. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Purple Heart is awarded for a wound sustained 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 a medical officer, and the medical treatment must have been made a matter of official record. b. 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. The bronze "V" device indicates acts of heroism involving conflict with an armed enemy. c. The Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973. Qualifying service included assignment in Vietnam for 6 months or more. d. A bronze service star is worn on the Vietnam Service Medal for each credited campaign. 2. Army Regulation 600-200 (Enlisted Personnel Management System), in effect at the time, stated a brief description of wounds or injuries (including injury from gas) requiring medical treatment received through hostile or enemy action, including those requiring hospitalization, would be entered in item 40 of the DA Form 20. The instructions further stated the date the wound or injury occurred would also be entered in item 40. 3. 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 the 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. Service school efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 were not disqualifying. There must have been no convictions by a court-martial. 4. 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 1st Battalion, 502d Infantry Regiment, was awarded the: * Valorous Unit Award for the period 12 March to 8 May 1969 by Department of the Army General Orders (DAGO) Number 2, dated 1971 * Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 19 April to 15 August 1968 by DAGO Number 21, dated 1969 * Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 15 August 1968 to 14 May 1969 by DAGO Number 43, dated 1970 * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 18 March 1968 to 2 May 1970 by DAGO Number 48, dated 1971 5. Department of the Army Pamphlet 672-3, paragraph 6 (Miscellaneous Information), states not more than one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation may be worn by any individual. Although wear of multiple awards of this unit citation is not authorized, official military personnel and historical records will show all awards received. DISCUSSION: 1. The Western Union telegram and the entry on the applicant's DA Form 20 showing he was wounded as a result of hostile action in Vietnam on 19 March 1969 confirm his eligibility for the Purple Heart. His DD Form 214 does not show this medal. 2. The applicant provided a Bronze Star Medal with First Oak Leaf Cluster Certificate, dated 16 June 1969, for heroism on 19 March 1969 in Vietnam but his available records do not contain orders authorizing award of the Bronze Star Medal. In most cases, a certificate of award is insufficient to justify adding an award to the DD Form 214 without a copy of the accompanying orders authorizing the award. However, in this case, the fact that the Bronze Star certificate indicates the award was for heroism in combat on 19 March 1969 and the wounds the applicant received in combat on 19 March 1969 resulting in his eligibility for award of the Purple Heart merits consideration. 3. Orders show he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14). His DD Form 214 does not show this marksmanship badge. 4. He served a qualifying period of service for award of the Republic of Vietnam Campaign Medal with Device (1960). His DD Form 214 does not show this medal. 5. His DD Form 214 shows award of the Vietnam Service Medal. The evidence of record shows he participated in four campaigns during his assignment in Vietnam which authorizes him award of the Vietnam Service Medal with four bronze service stars. His DD Form 214 does not show these bronze service stars. 6. He completed almost 2 years of active service ending with his release from active duty on 19 November 1969. He received all "excellent" conduct and efficiency ratings and his records contain no adverse information or a commander's disqualification statement for the first award of the Army Good Conduct Medal. He appears to have met the eligibility criteria for the first award of the Army Good Conduct Medal. This award is not shown on his DD Form 214. 7. His Vietnam unit was awarded the Valorous Unit Award, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and two Republic of Vietnam Gallantry Cross with Palm Unit Citations during the period in which he was assigned. His DD Form 214 does not show these unit awards. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160002688 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160002688 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2