IN THE CASE OF: BOARD DATE: 28 November 2017 DOCKET NUMBER: AR20160004530 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: 28 November 2017 DOCKET NUMBER: AR20160004530 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: a. awarding him the Army Good Conduct Medal (1st Award) for the period 30 July 1968 through 29 July 1970; and b. amending his DD Form 214 for the period ending 29 July 1970 by deleting the Vietnam Service Medal with two bronze service stars and adding the: * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with four bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Combat Infantryman Badge * Sharpshooter Marksmanship Qualification Badge with Auto 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 amending his DD Form 214 for the period ending 29 July 1970 to show he was awarded the Purple Heart (2nd Award). _____________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: 28 November 2017 DOCKET NUMBER: AR20160004530 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) for the period ending 29 July 1970 to show he was awarded the Purple Heart (2nd Award) and the Combat Infantryman Badge (CIB). 2. The applicant states the Purple Heart (2nd Award) and CIB are missing from his DD Form 214. 3. The applicant provides a copy of his DD Form 214 and his CIB orders. 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 30 July 1968. He completed his initial entry training and was awarded military occupational specialty 11C (Infantry Indirect Fire Crewman). 3. The applicant served in the Republic of Vietnam from on or about 7 January 1969 through on or about 6 January 1970, where he was assigned to Company E, 4th Battalion, 12th Infantry Regiment. 4. General Orders Number 301, issued by Headquarters, 199th Infantry Brigade on 1 March 1969, awarded the applicant the Purple Heart for wounds received in action against the enemy on 23 February 1969. 5. Special Orders Number 91, issued by Headquarters, 199th Infantry Brigade on 1 April 1969, awarded the applicant the CIB. 6. A Standard Form 88 (Report of Medical Examination), dated 7 July 1970, shows the applicant underwent a medical examination prior to the completion of his required period of active service. Item 74 (Summary of Defects and Diagnosis) required him to list any medical issues for which he had been diagnosed, including their appropriate item number. In a single response, he annotated an injury to his head in Vietnam that occurred in February 1969. 7. The applicant was honorably released from active duty on 29 July 1970. His DD Form 214 shows he was awarded or authorized the: * Purple Heart * Army Commendation Medal (3rd Award) * National Defense Service Medal * Vietnam Service Medal with two bronze service stars * Republic of Vietnam Campaign Medal with Device (1960) * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) 8. The applicant's DA Form 20 (Enlisted Qualification Record) shows in: a. Item 38 (Record of Assignments), his conduct and efficiency ratings were excellent throughout his entire period of active service from 30 July 1968 through 29 July 1970. b. Item 40 (Wounds), the entry "F W L Eye & Head" and the corresponding date of 23 February 1969. No other wounds and dates are listed. c. Item 41 (Awards and Decorations): (1) Only one annotation of an award for the Purple Heart matching General Orders Number 301, dated 1 March 1969, for the 23 February 1969 wounds received. (2) An illegible special order number that shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Auto Rifle Bar (M-16). 9. The applicant's available military and medical record is void of evidence that shows he was awarded a second Purple Heart during his period of active service. 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, failed to reveal any orders that show he was awarded the Purple Heart (2nd Award). 10. The Vietnam Casualty Roster contains a single entry regarding the applicant that shows he was wounded on 23 February 1969. 11. The applicant's record is void of evidence that indicates he was awarded the Army Good Conduct Medal. There is no evidence of derogatory information or evidence that shows he was subject to any disciplinary actions, including convictions by court-martial under the Uniform Code of Military Justice (UCMJ). There is no evidence that shows his commander took action to disqualify him from being favorably considered for, or receiving, his initial award of the Army Good Conduct Medal. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Department of the Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Purple Heart is awarded for a wound or wounds sustained in action against an enemy or as a result of hostile action. Substantiating evidence must be provided that verifies the wound resulted from hostile action, required treatment by medical personnel, and that treatment was made a matter of official record. A Purple Heart is authorized for the first wound suffered; for each subsequent award an oak leaf cluster will be awarded to be worn on the medal or ribbon. No more than one award will be made for more than one wound or injury received at the same instant or from the same missile, force, explosion, or agent. b. The Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 3 July 1965 through 28 March 1973. A bronze service star will be authorized for wear on the Vietnam Service Medal for participation in each credited campaign. Appendix B shows that during his service in the Republic of Vietnam, participation credit was awarded for the following four campaigns: * Vietnam Counteroffensive Phase VI (2 November 1968 – 22 February 1969) * TET 69 Counteroffensive 1969 (23 February 1969 – 8 June 1969) * Vietnam Summer-Fall 1969 (9 June 1969 – 31 October 1969) * Vietnam Winter-Spring 1970 (1 November 1969 – 30 April 1970) c. The CIB was awarded to infantry officers and warrant officers and to enlisted Soldiers who possessed an infantry MOS. They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size. U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards), in effect during the Vietnam era, provided for award of the CIB to infantry personnel who were members of infantry platoons and squads in armored cavalry squadrons and regiments. Appendix V provides that during the Vietnam era, the CIB was awarded only to enlisted Soldiers who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H. 2. Army Regulation 672-5-1 (Awards), in effect at the time, provided that 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 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 Soldier must have had all "excellent" conduct and efficiency ratings, and he/she could not have been convicted by court-martial. 3. DA Pamphlet (DA PAM) 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. An examination of this pamphlet, with a corresponding examination of the relevant Department of the Army General Orders (DAGO), shows 4th Battalion, 12th Infantry Regiment, the unit to which the applicant was assigned during his service in the Republic of Vietnam, was cited for the following unit awards during the period in which he was assigned: * Republic of Vietnam Gallantry Cross with Palm Unit Citation, for service during the period 19 June 1968 through 31 July 1970, by DAGO Number 51, dated 1971 * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for service during the period 12 December 1966 through 31 August 1970, by DAGO Number 51, dated 1971 DISCUSSION: 1. The applicant requests correction of his DD Form 214 to show he was awarded the Purple Heart (2nd Award) and the CIB. 2. Special orders awarded the applicant the CIB for action against the enemy on 1 April 1970. This award is not shown on his DD Form 214. 3. The applicant received excellent conduct and efficiency ratings during his entire period of active military service. There is no evidence that shows he was subject to any disciplinary actions during his period of active military service. It appears he met the criteria for award of the Army Good Conduct Medal (1st Award) for the period of 30 July 1968 through 29 July 1970. 4. The applicant served in the Republic of Vietnam from on or about 7 January 1969 through on or about 6 January 1970; he participated in four campaigns during this period of foreign service. His DD Form 214 shows the Vietnam Service Medal with two bronze service stars as an authorized award; however, it does not show the four bronze service stars that should be affixed to it in recognition of his campaign participation. 5. Department of the Army General Orders awarded his unit of assignment in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal (First Class) Unit Citation. These unit awards are not shown on his DD Form 214. 6. Special orders awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Auto Rifle Bar (M-16). However, this marksmanship badge is not shown on his DD Form 214. 7. The applicant's available record does not contain evidence that shows he was awarded or entitled to the Purple Heart (2nd Award). He did not provide any evidence that shows he was awarded or entitled to the Purple Heart (2nd 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) AR20150017490 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160004649 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2