IN THE CASE OF: BOARD DATE: 21 November 2017 DOCKET NUMBER: AR20160003526 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 IN THE CASE OF: BOARD DATE: 21 November 2017 DOCKET NUMBER: AR20160003526 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: * Awarding the FSM the Army Good Conduct Medal (1st Award) for the period 13 June 1967 to 31 January 1969 * Reissuing the FSM’s awards and decorations: * Army Good Conduct Medal (1st Award) * National Defense Service Medal * Meritorious Unit Commendation (1st Award) * Vietnam Service Medal with one silver service star * Republic of Vietnam Campaign Medal w/60 Device * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) 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 the Purple Heart and the Bronze Star Medal. __________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. IN THE CASE OF: BOARD DATE: 21 November 2017 DOCKET NUMBER: AR20160003526 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, the daughter of a deceased former service member (FSM), requests her deceased father be awarded the Purple Heart (PH), Bronze Star Medal (BSM), and Vietnam Service Medal (VSM). 2. The applicant states that Army Regulation (AR) 600-200 (i.e., AR 600-8-22 (Military Awards)) has a list of awards that her father was to receive. She is requesting the PH and BSM that are missing signatures and could not be issued unless the military record is modified by the Board. She would also like to receive her father’s VSM. 3. The applicant provides a self-authored statement, dated 22 February 2016. 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 FSM was inducted into the Army of the United States on 7 June 1967. He was discharged on 12 June 1967 for enlistment into the Regular Army. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he completed 6 days of active service. 3. He enlisted in the Regular Army on 13 June 1967 and held military occupational specialty 72C (Telephone Switchboard Operator). His DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 14 December 1967 to 11 December 1968. He was assigned to: * Headquarters and Headquarters Company (HHC), 98th Supply and Service Battalion, from 18 December 1967 to 25 August 1968 * U.S. Army Depot, Qui Nhon, from 26 August 1968 to 7 December 1968 4. Special Orders (SO) Number 193, issued by Headquarters, U.S. Army Training Center Infantry, Fort Lewis, WA, on 19 July 1967, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14). 5. SO Number 220, issued by Headquarters, U.S. Army Southeastern Signal School, Fort Gordon, GA, on 6 October 1967, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16). 6. Item 40 (Wounds) of his DA Form 20 does not reflect a combat wound or injury. 7. Item 41 (Awards and Decorations) of his DA Form 20 does not reflect that he was awarded the PH or BSM. However, it shows he was awarded or authorized: * National Defense Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Vietnam Service Medal * two overseas service bars 8. The FSM’s record does not reflect any GO authorizing him award of the PH or the BSM. Additionally, his name is not shown on the Vietnam casualty listing. 9. A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS) maintained by the Military Awards Branch of the U.S. Army Human Resources Command (HRC), which is an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal any orders awarding the FSM the PH or the BSM for his period of service in Vietnam. 10. The FSM's record does not show he was awarded the Army Good Conduct Medal (AGCM). Additionally, his records show no derogatory information that would disqualify him for the first award of the AGCM. Furthermore, item 38 (Record of Assignments) of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings. 11. DD Form 1300 (Report of Casualty), dated 27 February 1969, shows the FSM died on 1 February 1969 at Darnall Army Hospital, Fort Hood, Texas, as a result of non-battle injuries received when he was struck by a privately owned vehicle. 12. On 1 October 2003, in a letter to the FSM’s daughter, the National Personnel Records Center (NPRC) responded to her BSM request stating: a. The BSM is an individual decoration, which is authorized for heroism, meritorious achievement, or meritorious service. No information has been found to show the FSM was awarded the BSM. b. However, if she felt there has been an error, the NPRC has no authority to review and approve amendments or corrections to military records. This is a function of the Review Boards of the military service departments. 13. On 19 May 2003, in a letter to the FSM’s daughter, the NPRC responded to her request for separation documents verifying the FSM was entitled to the following awards: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Ribbon w/60 Device 14. On 23 July 2003, in a letter to the FSM’s daughter, the NPRC responded to her request for awards verifying the FSM was entitled to the Expert Marksmanship Qualification Badge with Rifle Bar and the VSM with 1 bronze service star. REFERENCES: 1. Army Regulation (AR) 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The PH 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 that 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. b. The BSM 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. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. c. The Vietnam Service Medal is awarded for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. A bronze service star is awarded for wear on the Vietnam Service Medal for participation in each campaign. A silver service star is authorized in lieu of five bronze service stars. During his service in Vietnam, campaign participation credit was awarded for the following five campaigns. * Vietnam Counteroffensive Phase III (1 June 1967 to 29 January 1968) * Tet Counteroffensive (30 January 1968 to 1 April 1968) * Vietnam Counteroffensive Phase IV (2 April 1968 to 30 June 1968) * Vietnam Counteroffensive Phase V (1 July 1968 to 1 November 1968) * Vietnam Counteroffensive Phase VI (2 November 1968 – 22 February 1969) d. 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. Second and subsequent awards of the National Defense Service Medal are denoted by a bronze service star affixed to the National Defense Service Medal 2. AR 600-8-22, in effect at the time, stated the AGCM 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. There must have been no convictions by a court-martial. 3. Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows all units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation as confirmed by DAGO Number 8, dated 1974. 4. DA Pamphlet 672-3 shows during his assignment to HHC, 98th Supply and Service battalion in Vietnam, his unit was awarded the Meritorious Unit Commendation (MUC) for service from 1 January to 31 December 1967 by Department of the Army General Orders (DAGO) Number 28, dated 1969. 5. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. A DD Form 214 will not be prepared for Soldiers whose active duty ends because of death. DISCUSSION: 1. With respect to the PH: a. The criteria for the PH require the submission of substantiating evidence to verify the injury/wound was the result of hostile action, the injury/wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record. b. The FSM's service records and ADCARS are void of orders that show he was awarded the PH or that he was wounded or injured as a result of combat. His name is not listed on the Vietnam casualty listing. 2. With respect to the BSM, there are no orders available that show the FSM was recommended for or awarded the BSM. The governing regulation requires a formal recommendation, approval through the chain of command, and announcement in orders for award of the BSM. 3. Because the FSM died on active duty, a DD Form 214 was not issued. Nevertheless, he was eligible for several awards and decorations that should be reflected on a military record. This Record of Proceedings serves as the official listing of his awards. a. GO awarded the FSM unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation and MUC during his period of assignment. b. The FSM served a qualifying period in Vietnam for award of the VSM. He also participated in five campaigns, which qualifies him for award of a silver service star with his VSM. c. The FSM served a qualifying period in Vietnam for a award of the Republic of Vietnam Campaign Medal with 1960 Device. d. The FSM appears to have met the criteria for award of the AGCM (1st Award) in that he completed 1 year, and 7 months of active service, attained the rank/grade of SPC/E-4, served in Vietnam and received all “excellent” conduct and efficiency ratings throughout his service. e. The FSM served a qualifying period of active duty in the Army for award of the National Defense Service Medal. f. SO awarded the FSM the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16). //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160003526 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160003526 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2