IN THE CASE OF: BOARD DATE: 13 June 2018 DOCKET NUMBER: AR20160009488 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: 13 June 2018 DOCKET NUMBER: AR20160009488 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: a. awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 22 May 1969 through 14 March 1971, b. awarding him the Purple Heart for wounds received in action in the Republic of Vietnam on 13 November 1970 and issuing him a Purple Heart Certificate,. c. deleting award of the Vietnam Service Medal from his DD Form 214, d. adding the following awards to his DD Form 214: * Purple Heart * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with one bronze service star * 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: 13 June 2018 DOCKET NUMBER: AR20160009488 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. 2. The applicant states his Purple Heart medal does not show up on his DD Form 214. He would like to have a copy of his Purple Heart Certificate and a DD Form 215 (Correction to DD Form 214) to reflect his eligibility for veterans' benefits. 3. The applicant provides his DD Form 214. CONSIDERATION OF EVIDENCE: 1. The applicant was inducted into the Army of the United States on 22 May 1969. 2. His records contain a DA Form 2627-1 (Record of Proceedings under Article 15, Uniform Code of Military Justice), dated 21 January 1970, showing he nonjudicial punishment was imposed against him for being absent without proper authority during advanced individual training from on or about 2400 hours on 18 January 1970 until on or about 2030 hours on 20 January 1970. 3. Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows: a. he was assigned to the 59th Infantry Platoon (Scout Dog), U.S. Army Pacific, in Vietnam from 7 October 1970 through 12 March 1971. He participated in the Vietnam Counteroffensive Phase VII Campaign during this period; and b. he received "excellent" conduct and efficiency ratings throughout his service, with the exception of one "good" rating for academic proficiency during advanced individual training. 4. Item 40 (Wounds) of his DA Form 20 shows he received fragment wounds to his left shoulder and right thigh on 13 November 1970. 5. His records contain a DA Form 2496-1 (Disposition Form), dated 13 February (1971), subject: Casualty Report Extract, stating he received fragment wounds to his left shoulder and right thigh on 13 November (1970) while assigned to the 59th Infantry Platoon (Scout Dog). 6. His medical treatment records are not available for review. 7. His records do not contain orders awarding him the Purple Heart. 8. His records do not contain orders awarding him the first award of the Army Good Conduct Medal. 9. His records contain no evidence of court-martial convictions. 10. Item 41 (Awards and Decorations) of his DA Form 20 does not show award of the Purple Heart or Army Good Conduct Medal (1st Award). 11. He was honorably released from active duty on 14 March 1971 under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 5, allowing for early release to attend school. He completed 1 year, 9 months, and 21 days of active service during this period. 12. His DD Form 214 shows he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Army Commendation Medal * one overseas service bar * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) 13. Department of the Army General Orders Number 8, dated 19 March 1974, confirmed award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973. REFERENCES: 1. Army Regulation 600-200 (Enlisted Personnel Management System), in effect at the time, stated a brief description of wounds or injuries (including injury from gas) requiring medical treatment received through hostile or enemy action, including those requiring hospitalization, would be entered in item 40 of the DA Form 20. This regulation further stated the date the wound or injury occurred would also be entered in item 40. 2. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Purple Heart is an entitlement and differs from all other awards. The Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action. Substantiating evidence must be provided to verify the wound was the result of hostile action, the wound must have required treatment, not merely examination, by a medical officer, and the medical treatment must have been documented in the service member's medical and/or health record. The key issue commanders must take into consideration when contemplating an award of this decoration is the degree to which the enemy caused the injury. The fact that the proposed recipient was participating in direct or indirect combat operations is a necessary prerequisite, but not sole justification for award. b. A bronze service star is authorized for wear with the Vietnam Service Medal for participation in each credited campaign. 3. 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 the 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 person must have had all "excellent" conduct and efficiency ratings. Ratings of "unknown" for portions of the period under consideration were not disqualifying. Service school efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 were not disqualifying. There must have been no convictions by a court-martial. However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders. DISCUSSION: 1. The applicant contends he was awarded the Purple Heart, but it is not shown on his DD Form 214. 2. Although his records do not contain orders awarding him the Purple Heart, the entry in item 40 of his DA Form 20 and the Casualty Report Extract verify that he was wounded in action in the Republic of Vietnam on 13 November 1970 and is entitled to award of the Purple Heart. 3. He served in Vietnam from 7 October 1970 through 12 March 1971 and he participated in one campaign. His DD Form 214 does not show a bronze service star for campaign participation with his award of the Vietnam Service Medal. 4. Although he received nonjudicial punishment for being absent without proper authority for 2 days during advanced individual training, he completed his training and received ratings of "excellent" throughout his service, with the exception of one "good" rating for academic proficiency. He had no court-martial convictions. 5. The awards regulation in effect at the time stated that for the first award only, the Army Good Conduct Medal was awarded 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; however, service school efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 were not disqualifying. There must have been no convictions by a court-martial. 6. He appears to have met the eligibility criteria for the first award of the Army Good Conduct Medal. His DD Form 214 does not show this award. 8. Department of the Army general orders confirmed award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all U.S. Army units serving in Vietnam. His DD Form 214 does not show this unit award. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160009488 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160009488 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2