BOARD DATE: 11 January 2018 DOCKET NUMBER: AR20160004990 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: 11 January 2018 DOCKET NUMBER: AR20160004990 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 Combat Infantryman Badge for action on 13 April 1968; b. deleting from his DD Form 214 the Vietnam Service Medal and the Bronze Star Medal; and c. adding to his DD Form 214: * Bronze Star Medal with "V" Device * Presidential Unit Citation * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation * Vietnam Service Medal with four bronze service stars * Combat Infantryman Badge * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) * Second Class Gunner Marksmanship Qualification Badge with Automatic Rifle Bar (M-60) 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 award of the Purple Heart. __________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: 11 January 2018 DOCKET NUMBER: AR20160004990 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 to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Purple Heart (PH) and Combat Infantryman Badge (CIB). 2. The applicant states, in effect, evidence is located in the daily reports of 2nd Battalion, 60th Infantry Regiment, 9th Infantry Division. 3. The applicant provides a copy of his DD Form 214. 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 26 May 1967. He completed training and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman). 3. His DA Form 20 shows he served as a rifleman in the Republic of Vietnam for the period 22 October 1967 through 21 October 1968 with Headquarters and Headquarters Company, 2nd Battalion, 60th Infantry Regiment, 9th Infantry Division. Item 40 (Wounds) is blank. Item 41 (Awards and Decorations) does not show the PH or CIB; however, it does show award of the Bronze Star Medal with "V" Device. 4. Special Orders Number 160, issued by Headquarters, United States Army Training Center, Infantry, Fort Benning, Georgia on 10 July 1967, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14). 5. Special Orders Number 214, issued by Headquarters, U.S. Army School/Training Center, Fort McClellan, Alabama on 7 September 1967, awarded him the Second Class Gunner Marksmanship Qualification Badge with Automatic Rifle Bar (M-60). 6. General Orders Number 3867, issued by Headquarters, 9th Infantry Division on 28 May 1968, awarded him the Bronze Star Medal with "V" Device for heroism in connection with military actions involving conflict with an armed hostile force in the Republic of Vietnam. The applicant distinguished himself by valorous actions on 13 April 1968, while serving as a machine gunner with Company A, 2nd Battalion, 60th Infantry Regiment, 9th Infantry Division, on a reconnaissance in force mission in Tan Tru District, Vietnam. His platoon became pinned down by intense automatic weapons fire from a wood line only 15 meters away. When the insurgents began a flanking movement, the applicant immediately moved to an unprotected position from which he could bring effective fire on the enemy. His courageous and immediate actions were instrumental in defeating the insurgent force. 7. Special Orders Number 258, issued by Headquarters, 1st Basic Combat Training Brigade, Fort Jackson, South Carolina on 16 December 1968, awarded him the Expert Marksmanship Qualification Badge with Rifle Badge (M-16). 8. On 23 May 1969 he was honorably released from active duty. The applicant authenticated his DD Form 214, acknowledging the information contained on the document, to include the absence of a PH and CIB, was correct. However, his DD Form 214 does list the following awards: * National Defense Service Medal * Army Good Conduct Medal (1st Award) * Vietnam Service Medal * Bronze Star Medal * Republic of Vietnam Campaign Medal with Device (1960) * Army Commendation Medal * Vietnam Unit Citation * 2 overseas service bars 9. The applicant's official military personnel record does not contain any evidence to show he was wounded or treated for wounds as a result of hostile enemy action. 10. The applicant’s official military personnel record only contains orders awarding the Bronze Star Medal with "V" Device. There is no separate order awarding the Bronze Star Medal without a "V" Device. 11. During the processing of this case, a member of the Board's staff reviewed the Department of the Army Vietnam casualty roster. The applicant's name is not included on this roster. 12. 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 Military Awards Branch, failed to reveal any orders awarding him the PH or CIB. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states: a. The Vietnam Service Medal 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. Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations. This same regulation states a bronze service star is authorized with the Vietnam Service Medal award for each Vietnam campaign a member is credited with participating in. A silver service star is authorized in lieu of five bronze service stars. Appendix B shows that during his service in Vietnam, participation credit was awarded for the following four 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) * Vietnam Counteroffensive, Phase V (1 July – 1 November 1968) b. The CIB is awarded to infantry officers and to enlisted and warrant officer persons who have 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. c. Paragraph 2-8 states the PH is awarded to members of the Armed Forces of the United States who, while serving under the authority with any of the U.S. Armed Services, have been wounded, were killed, or who have died or may hereafter die of wounds received as a result of hostile enemy action. The wound, injury, or death must have been the result of hostile enemy action, the wound or injury must have required treatment, not merely examination, by a medical officer or a medical professional, provided a medical officer include a statement in the Service member's medical record that wounds would have required treatment by a medical officer if one had been available. Additionally, treatment of the wound will be documented in the Service member's medical and/or health record. 2. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the Republic of Vietnam. During the period in which the applicant was assigned to Headquarters and Headquarters Company, 2nd Battalion, 60th Infantry Regiment, 9th Infantry Division, his unit was cited for award of the: a. Presidential Unit Citation for the period 7 March to 22 June 1968 by Department of the Army General Order (DAGO) Number 60, dated 1969; b. Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 1 December 1966 through 30 June 1968 by DAGO Number 31, dated 1969; and the c. Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for the period 19 December 1966 through 28 June 1969 by DAGO Number 59, dated 1969. DISCUSSION: 1. The applicant's request to correct his DD Form 214 to show award of the PH and CIB has been carefully examined. 2. Special orders awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar (M-16), the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) and the Second Class Gunner Marksmanship Qualification Badge with Automatic Rifle Bar (M-60). These badges are not shown on his DD Form 214. 3. The evidence of record shows the applicant participated in four campaigns during his service in the Republic of Vietnam. However, the Vietnam Service Medal listed on his DD Form 214 does not reflect four bronze service stars. 4. The applicant's unit was cited for award of the Presidential Unit Citation, Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for periods coinciding with the applicant's assignment to the unit. These unit awards are not recorded on his DD Form 214. 5. General orders awarded him the Bronze Star Medal with "V" Device. There is no separate order awarding him the Bronze Star Medal without "V" Device. His DD Form 214 reflects the Bronze Star Medal without the "V" Device, thus it would be appropriate to correct this oversight. 6. The applicant's service as a rifleman in an infantry unit in Vietnam meets the criteria published in Army Regulation 600-8-22. The facts provided in the narrative for his award of the Bronze Star Medal with "V" Device confirm his participation in active ground combat as an infantryman. This evidence supports a conclusion that he meets the criteria for award of the CIB. 7. The PH differs from all other decorations in that an individual is not "recommended" for this decoration; rather, the individual is entitled to it upon meeting specific criteria. Award of the PH requires a Soldier to have been injured or wounded by hostile action, the wound must have required treatment by medical personnel, and the medical treatment for wounds or injuries received in action must have been made a matter of official record. 8. In this case, the applicant's name is not shown on the Vietnam Casualty Roster, his DA Form 20 does not show he was wounded in action, his medical records are not available for review with this case, and his service record is void of orders showing he was awarded the PH. His record is also void of any official Army correspondence or Western Union telegrams and there is no conclusive evidence in his service personnel record that shows he was wounded or injured as a result of hostile action or treated for such wounds. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160004990 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160004990 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2