BOARD DATE: 12 October 2017 DOCKET NUMBER: AR20160004649 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 BOARD DATE: 12 October 2017 DOCKET NUMBER: AR20160004649 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 15 July 1969 through 15 February 1971; and b. amending his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 15 February 1971 by adding the: * Purple Heart * Army Good Conduct Medal (1st Award) * Expert Marksmanship Qualification Badge with Auto Rifle Bar (M-16) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * Expert Marksmanship Qualification Badge with Grenade Bar 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 15 February 1971 to show he was awarded the Army Commendation 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. BOARD DATE: 12 October 2017 DOCKET NUMBER: AR20160004649 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 15 February 1971 to show he was awarded the Purple Heart and the Army Commendation Medal (ARCOM). 2. The applicant states he would like his record to reflect his Purple Heart issued on 10 October 1970 and his ARCOM issued on 17 February 1971. Neither his DD Form 214 nor his DD Form 215 (Correction to DD Form 214) reflect either of these medals he earned while in service. 3. The applicant provides a copy of his DA Form 4980-10 (Purple Heart Certificate). (He indicates he submitted two award certificates, but only the Purple Heart Certificate was received.) 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 enlisted in the Regular Army on 15 July 1969. 3. Special Orders Number 259, issued by Headquarters, U.S. Army Training Center and Fort Leonard Wood on 16 September 1969, awarded the applicant the: * Expert Marksmanship Qualification Badge with Auto Rifle Bar (M-16) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * Expert Marksmanship Qualification Badge with Grenade Bar 4. The applicant served in the Republic of Vietnam from on or about 18 December 1969 through on or about 14 February 1971. 5. General Orders Number 109, issued by Headquarters, 11th Armored Calvary Regiment on 8 October 1970, awarded the applicant the Purple Heart for wounds received in action against the enemy on 19 July 1970. 6. The applicant was honorably released from active duty on 15 February 1971. His DD Form 214 shows he was awarded or authorized the: * Air Medal * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Combat Infantryman Badge 7. 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 15 July 1969 through 15 February 1971. b. Item 41 (Awards and Decorations), he was awarded the Purple Heart by General Orders Number 185, issued by Headquarters, 93rd Evacuation Hospital, for wounds received in action against the enemy on 19 July 1970. 8. 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. 9. The applicant's record is void of evidence that shows he was awarded the ARCOM 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 ARCOM. 10. The applicant received a DD Form 215 on 30 March 2004, which corrected his DD Form 214 for the period ending 15 February 1971 by deleting the Vietnam Service Medal and adding the Vietnam Service Medal with 3 bronze service stars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Valorous Unit Award. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) provides that the ARCOM may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. 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. DISCUSSION: 1. The applicant's request for correction of his DD Form 214 to show he was awarded the Purple Heart and ARCOM was carefully considered. 2. General orders awarded the applicant the Purple Heart for wounds received in action against the enemy on 19 July 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 15 July 1969 through 15 February 1971. 4. Special orders awarded the applicant the Expert Marksmanship Qualification Badge with Auto Rifle Bar (M-16), the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and the Expert Marksmanship Qualification Badge with Grenade Bar. These marksmanship badges are not shown on his DD Form 214. 5. The applicant's available record does not contain evidence that shows he was awarded the ARCOM. The governing Army regulation states that for personal decorations, which include the ARCOM, formal recommendation, approval through the chain of command, and announcement in orders are required. //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 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2