BOARD DATE: 25 January 2018 DOCKET NUMBER: AR20160006435 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: 25 January 2018 DOCKET NUMBER: AR20160006435 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: * awarding him the Army Good Conduct Medal (1st Award) for the period 5 October 1967 through 3 October 1969 * deleting award of the Vietnam Service Medal from his DD Form 214 * adding the following awards to his DD Form 214 – * Purple Heart * Army Commendation Medal * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with one silver service star * Valorous Unit Award * Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award) * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Sharpshooter Marksmanship Qualification Badge with Machine Gun 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 reflecting his combat injuries on his DD Form 214. _____________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: 25 January 2018 DOCKET NUMBER: AR20160006435 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 Purple Heart and combat injuries. 2. The applicant states his DD Form 214 does not list his injuries or Purple Heart award. 3. The applicant provides no additional evidence. 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 5 October 1967. 3. Headquarters, U.S. Army Training Center, Infantry and Fort Polk, Special Orders Number 020, dated 23 January 1968, awarded him the Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60). 4. His DA Form 20 (Enlisted Qualification Record) shows he was assigned to Troop B, 3d Squadron, 4th Cavalry Regiment, 25th Infantry Division, in Vietnam from 27 March 1968 through 11 March 1969. He participated in five campaigns during this period. 5. Headquarters, 25th Infantry Division, General Orders Number 339, dated 11 January 1969, awarded him the Purple Heart for wounds received in connection with military operations against a hostile force in the Republic of Vietnam on 8 January 1969. 6. Headquarters, 25th Infantry Division, General Orders Number 1292, dated 8 February 1969, awarded him the Army Commendation Medal with "V" Device for heroism in connection with military operations against a hostile force in the Republic of Vietnam on 6 January 1969. 7. Headquarters, 25th Infantry Division, General Orders Number 1965, dated 21 February 1969, awarded him the Army Commendation Medal for meritorious service in connection with military operations against a hostile force. 8. Item 38 (Record of Assignments) of his DA Form 20 shows his conduct and efficiency ratings as "excellent" where rated. 9. He was honorably released from active duty on 3 October 1969. He completed 2 years of creditable active military service. His DD Form 214 shows he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal * Combat Infantryman Badge (1st Award) * Army Commendation Medal with "V" Device * Republic of Vietnam Campaign Medal with Device (1960) * two overseas service bars * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) 10. There is no evidence of a commander's disqualification that would have precluded him from being recommended for or awarded the first award of the Army Good Conduct Medal. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. It states a bronze service star is authorized with the Vietnam Service Medal for participation in each credited campaign. A silver service star is worn instead of five bronze service stars. 2. Army Regulation 672-5-1 (Decorations and Awards), in effect at the time, prescribed Army policy, criteria, and administrative instructions concerning individual and unit military awards. 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 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 person must have had all "excellent" conduct and efficiency ratings. There must have been no convictions by a court-martial. 3. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. This pamphlet shows 3d Squadron, 4th Cavalry Regiment, was awarded the: * Valorous Unit Award for the period 1 January 1969 through 22 February 1969 in Department of Army General Orders Number 39, dated 1970 * Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 January 1969 through 31 March 1969 in Department of Army General Orders Number 43, dated 1970 * Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period March 1966 through August 1968 in Department of Army General Orders Number 48, dated 1971 * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 15 March 1966 through 21 January 1970 in Department of Army General Orders Number 51, dated 1971 4. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers at the time of retirement, discharge, or release from active duty service or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214. The general instructions stated it was important that information entered thereon is complete and accurate. There was no provision for entering combat or noncombat related injuries or wounds. DISCUSSION: 1. The applicant's records contain orders awarding him the Purple Heart, Army Commendation Medal with "V" Device, Army Commendation Medal, and Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60). His DD Form 214 reflects only the Army Commendation Medal with "V" Device. 2. General orders announced award of the Valorous Unit Award, two Republic of Vietnam Gallantry Cross with Palm Unit Citations, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to the unit to which the applicant was assigned in Vietnam. His DD Form 214 does not show these unit awards. 3. He was authorized award of the Vietnam Service Medal with one silver service star. His DD Form 214 shows only the Vietnam Service Medal. 4. He served honorably during the period 5 October 1967 through 3 October 1969, completing 2 years of net active service ending with his release from active duty. His conduct and efficiency ratings were "excellent" where rated. There is no evidence in his records of disciplinary actions or a commander's disqualification for award of the Army Good Conduct Medal. It appears he met the eligibility criteria for the first award of the Army Good Conduct Medal. This award is not reflected on his DD Form 214. 5. Although he requested correction of his DD Form 214 to show his combat injuries, regulatory guidance for preparation of the DD Form 214 in effect during the applicant's time of service had no provision for entering combat or noncombat-related injuries or 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) AR20160006435 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160006435 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2