IN THE CASE OF: BOARD DATE: 28 November 2017 DOCKET NUMBER: AR20160004732 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 IN THE CASE OF: BOARD DATE: 28 November 2017 DOCKET NUMBER: AR20160004732 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 issuing a DD Form 215 (Correction to DD Form 214) to: a. delete from his 5 January 1970 DD Form 214 the – * "Air Medal" * "Vietnam Service Medal" b. add to his 5 January 1970 DD Form 214 the – * Bronze Star Medal * Purple Heart (1st Oak Leaf Cluster) * Air Medal with "V" Device (19th Oak Leaf Cluster) * Vietnam Service Medal with 3 Bronze Service Stars * Valorous Unit Award (1st Oak Leaf Cluster) * Republic of Vietnam Gallantry Cross with Palm Unit Citation ___________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: AR20160004732 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 award of the Bronze Star Medal (BSM), the Purple Heart (PH), and the Air Medal (AM) with "V" Device. 2. The applicant states he served in Vietnam as a helicopter crew chief and door gunner with Troop B, 1st Squadron, 9th Cavalry, 1st Cavalry Division during 1968. He has award certificates for his awards. Correction of his DD Form 214 will provide him the necessary information to obtain priority medical care from the Department of Veterans Affairs (VA). 3. The applicant provides copies of his: * DA Forms 4980-9 (Air Medal Certificate) with orders – two (2) copies * DA Forms 4980-10 (Purple Heart Certificate) – two (2) copies * DA Form 4980-5 (Bronze Star Medal Certificate) * separation orders * DD Form 214 * VA Form 21-6782 (Original Disability Compensation) * Arizona Driver License * Eligibility Specialist, Health Benefits Advisor Business Card 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. A DD Form 214 shows the applicant was inducted into the U.S. Army on 14 December 1966 and honorably discharged on 5 January 1967 to immediately enlist in the Regular Army (RA). He had completed 23 days of net active service this period. 3. The applicant enlisted in the RA on 6 January 1967 for a period of 3 years. Upon completion of training he was awarded military occupational specialty 67N (UH-1 Helicopter Repairman/Instructor). 4. His DA Form 20 (Enlisted Qualification Record), in pertinent part, shows in – * item 31 (Foreign Service): Republic of Vietnam (RVN) from 9 August 1967 through 7 June 1968 * item 38 (Record of Assignments): Troop B, 1st Squadron, 9th Cavalry Regiment, 1st Cavalry Division (Airmobile), from 12 August 1967 through 5 June 1968 * item 40 (Wounds): Gunshot Wound, Right Thigh, 20 May 1968 * item 41 (Awards and Decorations) – * National Defense Service Medal (NDSM) * RVN Campaign Medal * Vietnam Service Medal (VSM) * Aircraft Crewman Badge * 1 Overseas Service Bar * AM * Expert Marksmanship Qualification Badge with Rifle (M-16) Bar * Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar 5. A review of the applicant's military personnel records revealed the following award-related general orders (GOs) issued to him by Headquarters, 1st Cavalry Division (Airmobile) – * GO # 6691, dated 3 November 1967 – awarded the AM for meritorious achievement in RVN (August 1967 to September 1967) * GO # 6093, dated 24 June 1968 – awarded the AM with "V" Device for heroism in RVN on 23 March 1968 * GO # 10559, dated 15 August 1968 – awarded the AM (1st – 19th Oak Leaf Clusters (OLC)) for meritorious achievement in RVN (11 August 1967 to 20 May 1968) * GO # 4052, dated 28 May 1968 – awarded the PH for wounds received in action in RVN on 20 May 1968 * GO # 8885, dated 21 July 1968 – awarded the BSM for meritorious service in RVN from February 1968 to September 1968 6. Headquarters, 2nd Surgical Hospital (Mobile Army), GO # 128, dated 22 May 1968, awarded the applicant the PH for wounds received in action in RVN on 21 May 1968. 7. A DD Form 214 shows the applicant was honorably released from active duty on 5 January 1970 and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his Reserve service obligation. He had completed 3 years of total active service that included 9 months and 29 days of foreign service. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the – * NDSM * Aircraft Crewman Badge * AM * VSM * RVN Campaign Medal with Device (1960) * Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar * Expert Marksmanship Qualification Badge with Rifle (M-16) Bar * Army Good Conduct Medal 8. In support of his application the applicant provides, in pertinent part, the following documents: a. Five award certificates that show he received the following awards – * DA Form 4980-9 – the AM for heroism while participating in aerial flight in RVN on 23 March 1968 * DA Form 4980-9 – the AM (1st – 19th OLCs) for meritorious achievement while participating in aerial flight in RVN (11 August 1967 to 20 May 1968) * DA Form 4980-10 – the PH for wounds received in action in RVN on 20 May 1968 * DA Form 4980-10 – the PH for wounds received in action in RVN on 21 May 1968 * DA Form 4980-5 – the BSM for meritorious achievement in RVN from February 1968 to September 1968 b. VA Form 21-6782 (Original Disability Compensation), undated, that shows he was granted service-connection, effective 6 January 1970, for – * gunshot wound, right thigh rated at 30 percent * gunshot wound, left thigh, rated at 0 percent 9. A request for a search 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, Awards and Decorations Branch, failed to return any additional award orders pertaining to the applicant. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations. a. The "V" device indicates acts of heroism involving conflict with an armed enemy. The device is authorized in conjunction with award of the AM. b. An OLC is awarded to denote a second and each succeeding award of certain decorations, among which (during the period of service under review) includes the AM, the PH, and the Valorous Unit Award (VUA). c. The VSM 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 VSM for participation in each credited campaign. d. Appendix B contains a list of Vietnam Conflict campaigns. During the applicant's service in Vietnam, participation credit was awarded for the following campaigns – * Vietnam Counteroffensive Phase III (1 June 1967- 29 January 1968) * Tet Counteroffensive (30 January - 1 April 1968) * Vietnam Counteroffensive Phase IV (2 April - 30 June 1968) 2. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists awards received by units serving in Vietnam. a. During the applicant's period of assignment to Troop B, 1st Squadron, 9th Cavalry – * the troop was cited for award of the VUA for the period 22 April 1967 to 20 August 1967 in Department of the Army General Orders (DAGO) # 43 (1972) * the squadron was cited for award of the VUA for the period 1 October 1967 to 31 October 1967 in DAGO # 37 (1970) b. The pamphlet also shows DAGO # 8 (1974) announced award of the RVN Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973. DISCUSSION: 1. The evidence of record shows GOs awarded the applicant awards which were omitted from or not accurately recorded on his DD Form 214 for the period ending 5 January 1970 – * AM with "V" Device and 19 OLCs * two awards of the PH * BSM 2. The applicant qualified for award of the VSM, he participated in three campaigns during his service in Vietnam, and he is authorized three bronze services stars for wear on his already-awarded VSM, which were not recorded on his DD Form 214. 3. DAGOs awarded his unit the RVN Gallantry Cross with Palm Unit Citation and two awards of the VUA, which are not shown on his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160004732 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160004732 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2