BOARD DATE: 9 November 2017 DOCKET NUMBER: AR20160004588 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 amending his DD Form 214 ending 28 June 1971 as follows: * delete the Vietnam Service Medal * add the: * Bronze Star Medal (2nd Oak Leaf Cluster) * Army Commendation Medal (1st Oak Leaf Cluster) * Vietnam Service Medal with one bronze service star * Republic of Vietnam Campaign Medal with Device (1960) * Republic of Vietnam Gallantry Cross with Palm Unit Citation * 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. 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: 9 November 2017 DOCKET NUMBER: AR20160004588 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : 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: 9 November 2017 DOCKET NUMBER: AR20160004588 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, Bronze Star Medal, and Army Commendation Medal. 2. The applicant states when he received notification of the medals, he was no longer on active duty but serving in the U.S. Army Reserve (USAR) He was awarded the medals but they were never placed on his DD Form 214. 3. The applicant provides: * self-authored letter * Standard Form (SF) 180 (Request Pertaining to Military Records) * DD Form 256A (Honorable Discharge Certificate) * DD Form 1725 (Certificate of Appreciation) * Department of the Army Certificate of Appreciation * Army Commendation Medal citation * Self-authored shrapnel removal letter 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 appointed as a Reserve commissioned officer in the Army on 1 June 1969. He held area of concentration 2430 (Memorial Activities Officer). 3. The applicant's DA Form 66 (Officer Qualification Record) shows in: * Item 17 (Foreign Service) he served in Vietnam from 14 August 1970 to 9 February 1971 * Item 18 (Record of Assignments) he was assigned to Headquarters and Headquarters Company, 124th Transportation Command, U.S. Army Vietnam with duty as a Port Operations Officer * Item 21 (Awards, Decorations and Campaigns) does not show the Purple Heart; it shows: * Bronze Star Medal (2nd Oak Leaf Cluster) * Army Commendation Medal (1st Oak Leaf Cluster) * Republic of Vietnam Campaign Medal w/60 Device * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Vietnam Counteroffensive Phase VII 4. On 28 June 1971, he was released from active duty to the USAR Control Group (Annual Training). His DD Form 214 shows he completed 2 years and 29 days of active service with 5 months and 26 days of foreign service. He was awarded or authorized: * National Defense Service Medal * Vietnam Service Medal 5. General Orders (GO) Number 301, issued by Headquarters, U.S. Support Command, Vietnam, on 18 February 1971, awarded the applicant the Bronze Star Medal (Second Oak Leaf Cluster) for meritorious service in Vietnam. 6. GO Number 332, issued by Headquarters, U.S. Support Command, Vietnam, on 4 June 1971, awarded the applicant the Army Commendation Medal for meritorious service in Vietnam from August 1970 to February 1971. 7. Special Orders Number 510, issued by Headquarters, U.S. Army Personnel Center, Fort Jackson, SC, on 20 July 1971, awarded the applicant the Army Commendation Medal (First Oak Leaf Cluster) for meritorious service from February 1971 to June 1971. 8. A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS) maintained by the Awards and Decorations Branch of the U.S. Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal any orders awarding him the Purple Heart for his period of service in Vietnam. 9. His complete medical records are not available for review with this case but include a SF 88 (Report of Medical History). This form does not reflect an injury as a result of hostile action or that treatment was required. 10. The applicant's name is not listed on the Vietnam casualty roster. 11. The applicant provides: * SF 180 requesting his active duty and reserve records * Honorable Discharge Certificate, dated 13 May 1982 * Certificate of appreciation for service from 19 August 1969 to 28 June 1971 * Army Commendation Medal citation for meritorious service in Vietnam from August 1970 to February 1971 * Letter describing shrapnel removed from his upper back REFERENCES: 1. Army Regulation (AR) 600-8-22 (Military Awards) states: a. The Purple Heart 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 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. Also eligible for this award are individuals who qualified for award of the Vietnam Service Medal and served for less than six months of service but: were wounded as a result of hostile action, or were captured by hostile forces but later escaped or were rescued or released, or were killed in action or in line of duty. c. A bronze service star is awarded for wear on the Vietnam Service Medal for participation in each campaign. During his service in Vietnam, campaign participation credit was awarded for the Vietnam Counteroffensive, Phase VII, from 1 July 1970 to 30 June 1971. 2. Department of the Army 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 Department of the Army General Order Number 8, dated 1974. DISCUSSION: 1. With respect to the Purple Heart: a. The criteria for the Purple Heart 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 applicant's service records and ADCARS are void of orders that show he was awarded the Purple Heart or that he was wounded or injured as a result of combat. His name is not listed on the Vietnam casualty listing. His available service medical records do not reflect a combat injury. 2. Orders awarded the applicant the Bronze Star Medal (2nd Oak Leaf Cluster) and the Army Commendation Medal (1st Oak Leaf Cluster). None of these awards is shown on his DD Form 214. 3. GO awarded the unit to which he was assigned the Republic of Vietnam Gallantry Cross with Palm Unit Citation. Additionally, he served in Vietnam during one campaign. His DD Form 214 does not show the bronze service star he is authorized to wear with his Vietnam Service Medal. 4. The applicant's DA Form 66 shows he was awarded the Republic of Vietnam Campaign Medal with 1960 Device, despite having served in Vietnam for 5 months and 26 days (less than 6 months). It is unclear if he departed Vietnam due to an injury and thus qualified for this award or if this award is listed in error. Regardless, his DA Form 66 – an official Army record – lists this award. His DD Form 214 does not show it. 5. He was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-16). This badge is not listed on his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160004588 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160004588 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2