BOARD DATE: 12 September 2017 DOCKET NUMBER: AR20160003391 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: 12 September 2017 DOCKET NUMBER: AR20160003391 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 22 December 1965 through 11 December 1967 (Standard Name Line: SP5, U.S. Army Engineer School, Fort Belvoir, VA, First U.S. Army); and b. deleting all the entries from item 24 of his DD Form 214 and adding the: * Purple Heart * Army Commendation Medal * Army Good Conduct Medal (1st Award) * National Defense Service Medal * Vietnam Service Medal with 2 bronze service stars * Republic of Vietnam Campaign Medal with Device (1960) * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Combat Infantryman Badge * Expert Marksmanship Qualification Badge with Rifle Bar _____________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: 12 September 2017 DOCKET NUMBER: AR20160003391 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 Purple Heart. 2. The applicant states he served in the Republic of Vietnam (RVN). He was awarded the Purple Heart, but the award is not recorded on his DD Form 214. 3. The applicant provides copies the Purple Heart Certificate and his 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's military service records are not available to the Board for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed that the applicant's records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record, along with the documents the applicant provides in support of his application, for the Board to conduct a fair and impartial review of this case. 3. The applicant's DD Form 214 show he was inducted into the U.S. Army on 22 December 1965, honorably released from active duty on 11 December 1967, and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his Reserve service obligation. He had completed 1 year, 11 months, and 11 days of total active service. a. It also shows he was: * awarded military occupational specialty (MOS) 81B (Construction Draftsman) * promoted to the rank/grade of specialist five (SP5)/E-5 on 22 November 1967 b. It further shows in: * item 11b (Station or Installation at Which [Separation] Effected): Fort Belvoir, VA * item 12 (Last Duty Assignment and Major Command): U.S. Army Engineer School, First U.S. Army * item 22 (Statement of Service), block c (Foreign and/or Sea Service): U.S. Army Vietnam – 11 months and 27 days * item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) – * Vietnam Service Medal * RVN Campaign Medal * Combat Infantryman Badge * Army Commendation Medal * Expert Marksmanship Qualification Badge with Rifle Bar 4. A review of the applicant's available military personnel records failed to reveal evidence of individual award orders. This review also failed to reveal evidence of any disciplinary actions, adverse information, or a commander's disqualification that would have precluded him from being recommended for or awarded the Army Good Conduct Medal (AGCM) (1st Award). 5. A review of The Adjutant General's Office, Casualty Division's Vietnam casualty roster revealed the applicant's name is listed for injuries on 4 September 1966; casualty status code 23 (hostile – wounded in action, not serious, hospitalized). It is noted that his MOS is listed as 11B (Infantryman). 6. A request for review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders (GO) issued during the Vietnam-era between 1965 and 1973 maintained by the U.S. Army Human Resources Command, Awards and Decorations Branch, returned copies of the following Headquarters (HQ), 25th Infantry Division (25ID), GO pertaining to the applicant: * GO Number 1022, dated 22 March 1967, that awarded him the Purple Heart (while assigned to Company C, 1st Battalion (Mechanized), 5th Infantry Regiment) for wounds received in connection with military operations against a hostile force on 4 September 1966 * GO Number 2003, dated 25 May 1967, that awarded him the Army Commendation Medal (while assigned to Headquarters and Headquarters Company (HHC), 25ID), for meritorious service in connection with military operations against a hostile force from October 1966 to May 1967 7. In support of his request the applicant provides a copy of a DA Form 4980-10 (Purple Heart Certificate), dated 22 March 1967, that shows he was awarded the Purple Heart for wounds received in action in RVN on 4 September 1966. REFERENCES: 1. Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the AGCM was awarded to individuals who completed a qualifying period of active duty enlisted service. This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service. 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. There must have been no convictions by a court-martial. 2. Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations. a. The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined. b. The Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign. c. Appendix B contains a list of Vietnam Conflict campaigns. During the applicant's period of service in Vietnam, participation credit was awarded for the following campaigns: * Vietnam Counteroffensive (25 December 1965 - 30 June 1966) * Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967) 3. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. a. During the applicant's period of assignment to Company C, 1st Battalion (Mechanized), 5th Infantry Regiment, the battalion was cited for award of the: * RVN Gallantry Cross with Palm Unit Citation for the period January 1966 to August 1968 in Department of the Army GO (DAGO) Number 48 (1971) * RVN Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1966 to 21 January 1970 in DAGO Number 51 (1971), as amended by DAGO Number 9 (1979) b. During the applicant's period of assignment to HHC, 25ID, the company was cited for award of the: * RVN Gallantry Cross with Palm Unit Citation for the period March 1966 to August 1968 in DAGO Number 48 (1971) * RVN Civil Actions Honor Medal First Class Unit Citation for the period 31 March 1966 to 21 January 1970 in DAGO Number 51 (1971) c. The pamphlet also shows that not more than one RVN Gallantry Cross Unit Citation and not more than one RVN Civil Actions Honor Medal First Class Unit Citation will be worn by any individual. Although multiple awards of these foreign unit citations are not authorized for wear, official military and historical records will indicate all awards received. However, in the case of duplicate awards covering the same period, only one unit award will be recorded in official military and historical records. DISCUSSION: 1. The applicant contends his DD Form 214 should be corrected to show award of the Purple Heart. 2. GO show the applicant served in the RVN from (at least) 4 September 1966 to 25 May 1967. Item 22 (block c) of his DD Form 214 shows he served in the RVN for a total of 11 months and 27 days. a. A calculation of the applicant's tour of duty in the RVN shows the following: 1967 05 25 effective date of HQ, 25ID, GO # 2003 (25 May 1967) - 0000 11 27 total time applicant served in the RVN (months and days) 1966 05 28 overseas (RVN) tour beginning date (i.e., 28 May 1966) b. This results in a finding/determination that he served in the RVN from 28 May 1966 through 25 May 1967. 3. The evidence of record shows: a. GO awarded the applicant the Purple Heart for wounds received in action in the RVN on 4 September 1966; b. the applicant qualified for award of the National Defense Service Medal; c. he qualified for award of the Vietnam Service Medal, he participated in two campaigns during his service in Vietnam, and he is authorized two bronze services stars for wear on his already-awarded Vietnam Service Medal; d. GO awarded his units the: * RVN Gallantry Cross with Palm Unit Citation (two awards) * RVN Civil Actions Honor Medal First Class Unit Citation (two awards) e. Both foreign unit awards were duplicate awards in that they were awarded to the two units for the same period of service, which allows recording only one award in the applicant's record for each of the foreign unit awards. 4. The applicant served a period of continuous, honorable active enlisted service from 22 December 1965 through 11 December 1967. a. There is no evidence of any disciplinary actions, adverse information, or a commander's disqualification for award of the AGCM (1st Award). b. He received the Army Commendation Medal for meritorious service in the RVN from October 1966 to May 1967. c. He was promoted to SP5/E-5 on 22 November 1967 and was honorably discharged on 11 December 1967. d. Based on the available evidence, the applicant is eligible for award of the AGCM (1st Award). //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160003391 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160003391 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2