ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 22 January 2019 DOCKET NUMBER: AR20160014327 APPLICANT REQUESTS: * Purple Heart * Bronze Star (2nd Award) * Bronze Star (3rd Award) or Silver Star * Marksmen Qualification Badge with Rifle Bar (M14) * Marksmen Qualification Badge with Rifle Bar (M16) * Marksmen Qualification Badge with Rifle Bar (M60) * Parachute Badge * Air Medal (1st award) * Air Medal (2nd award) * Promotion to Sergeant (SGT/E-5) * Replacement certificates for award certificates with water damage * Personal appearance APPLICANT’S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Letter from Applicant * Combat Infantryman Badge certificate * Army Commendation Medal certificate, dated 18 January 1969 * Bronze Star Medal certificate, dated 19 March 1969 * 2 x Air Medal certificates, dated 22 June 1969 * list of names of several members of his unit, 1st platoon of Company C of the 1st Battalion of the 506th Regiment of the 101st Airborne Division * Department of Veterans Affairs Compensation Letter, dated 22 June 2016 * Department of Veterans Affairs Disability Verification Letter, dated 17 February 2016 * Department of Veterans Affairs Diagnosis Verification Letter, dated 19 February 2016 * Attendant Affidavit, dated 6 September 2015 * Form 2-1030 (Care Provider Report), dated 6 September 2015 * VA Form 21-2680 (Examination for Household Status or Permanent Need for Regular Aid and Attendance), dated 14 August 2015 * Photo of Applicant FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. Several of the applicant’s awards requests are supported by sufficient evidence; therefore, they will be administratively corrected and not considered by the Board. The Board will consider: * Purple Heart * Bronze Star (2nd award) * Bronze Star (3rd award) or Silver Star * Air Medal (2nd award) * Promotion to E-5 * Army Good Conduct Medal * Personal appearance 3. The applicant states he did not receive a Purple Heart due to the negligence of his platoon medic and the chaos encountered with warfare. On or about September 1968 the applicant received shrapnel as a result of being hit from mortar fire from the enemy. The applicant's letter further explains his contention, as follows: a. The applicant request corrections to his military records regarding his service as a paratrooper infantryman with Company C, 1st Battalion, 506th Regiment, 101st Airborne Division in South Vietnam from 25 June 1968 to 25 June 1969. b. The applicant states he is due to receive a Purple Heart after being hit with mortar shrapnel while serving at Firebase Jack on or about September 1968. He states he still has pieces of shrapnel in his back and arms. He believes the medic of his platoon was overwhelmed and did not fill out the Purple Heart request necessary to grant him the Purple Heart. The applicant states he expects the award as soon as possible as it is long overdue. c. He also requests a second Bronze Star Medal with a special citation for his contribution as part of an 8 man squad that successfully conducted the first daylight ambush behind enemy lines on or about 14 December 1968. He reports he was part of an M-60 gun team, he spotted the point man first and opened up with great firepower. He reports he did receive a Bronze Star (1st award) for the unit service during that year. d. The applicant request his two Air Medals updated to his DA Form 214. He reports having over 50 Combat Air Assaults. e. He reports he completed Parachute/ Airborne School on or about May 1968. He has received jump pay during his service. He is requesting Parachute Badge be updated to his DD Form 214. f. The applicant states he qualified as a Sharpshooter for the M-14, M-16 and M-60. He is requesting his DD Form 214 be updated to reflect these badges and the certificate and medals be provided. g. He is requesting a special unit citation for participating in the Hamburger Hill mission on 10 May 1969 to 10 June 1969. He reports he was a part of many heroic feats he recently has begun to recall. He states during this time while assigned as a squad leader, he saved men in his unit and several others impacted by RPG rounds, machine gunfire and booby traps. h. The applicant states he was promised a promotion to E-5 rank which like so many things went undone due to the chaos of warfare; however, on 25 June 1969 were his expiration term of service and date return overseas. i. Since the certificates he had received water damaged recently, the applicant requests replacement award certificates to include signatures of the commanding officers who originally signed the award certificates for the following awards: * Air Medal (1st award) * Air Medal (2nd award) * Combat Infantryman Badge * Bronze Star Medal * Army Commendation Medal 4. The applicant provides: * VA letter, dated 22 June 2016, stating he was receiving payment for a service connected disability and is currently rated at 80 percent * VA letter, dated 19 February 2016, from his clinical social worker stating he was seeing the applicant for individual therapy since May of 2012 and have diagnosed him with Depressive Disorder and Post-Traumatic Stress Disorder, however he believes that he is perfectly competent to manage all of his financial and medical needs and does not believe he requires a fiduciary * VA letter from his primary care provider stating the applicant is capable of managing all his financial and medical needs and does not require a fiduciary * an attendant avadavat for transportation assistance to and from such as medical appointments and getting groceries * a care provider report that list specific services the applicant receives to assist with daily living and medical care * VA Form 21-2680 lists the applicant’s medical conditions and lists several things he needs assistance with due to his medical conditions * photo of himself when he was discharged 5. The applicant was inducted in the Army of the United States on 7 November 1967. 6. The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 26 June 1968 to 25 June 1969. During this time he was assigned to Company C, 1st Battalion, 506th Infantry. 7. On 8 December 1968, the applicant was promoted to Specialist 4 (SP4/ E-4) temporarily. 8. On 25 June 1969, the applicant was honorably discharged from active duty as an E- 4 with a total of 1 year, 7 months and 19 days of active service. He completed 11 months and 29 days of Foreign Service. His DD Form 214 shows he was awarded or authorized the following: * National Defense Service Medal * Vietnam Service Medal * Vietnam Campaign Medal * Combat Infantryman Badge * Army Commendation Medal * Bronze Star Medal 9. Army Regulation 600-8-22 (Military Awards) provides that 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 that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record. 10. A review of the applicant's records did not show evidence of a Purple Heart. The applicant’s name is not listed on the Vietnam Casualty Roster. 11. Army Regulation 600-8-22 (Military Awards) states the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service. A review of the applicant's records did not show evidence, nor did the applicant provide evidence to receive the Bronze Star Medal (2nd and 3rd award) or the Silver Star. 12. U.S. Army Republic of Vietnam (USARV) Regulation 672-1 (Decorations and Awards) states guidelines for award of the Air Medal. To be recommended for award of the Air Medal, an individual must have completed a minimum of 25 category I missions, 50 category II missions, or 100 category Ill missions. A review of the applicant's record show General Order Number 7414 awarding the Air Medal, dated 22 June 1969. There applicant provided two duplicate Air Medal certificates for the Air Medal awarded on 22 June 1969. 13. The applicant’s records are void of evidence that show he was promoted to SGT/ E5 prior to discharge from active duty. Per Army Regulation 600-200 (Personnel General) Section III, to be eligible for promotion to E-5, an individual must: * Meet promotion points, Primary Zone (PZ) 450, Secondary zone (SZ) 500 * Time in Grade: 8 Months in E-4 grade * Time in Service PZ- 36 Months, SZ- 24 Months * Commander Recommendation * Appear in person for selection board evaluation * MOS (Military Occupational Specialty) qualified 14. The ABCMR corrects records. The ABCMR does not issue medal or badges. Request for the issuance of replacement military service medals, decorations, awards, badges, and corresponding accouterments should be directed to the National Personnel Records Center. Written requests with appropriate supporting evidence may be addressed to the National Personnel Records Center, 1 Reserve Way, St. Louis, MO 63132-5100. Once verified, replacement medals and devices are shipped to the veteran via U.S. Army Tank Automotive and Armaments Command (TACOM), Clothing and Heraldry (PSOD), Post Office Box 57997, Philadelphia, PA 19111. 15. Army Regulation 672-5-1 states the Army Good Conduct Medal is 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 rating. There must have been no court martial. The applicant's records do not show he was awarded the Army Good Conduct Medal. Additionally his records show no derogatory information that would disqualify him for the first award of the Army Good Conduct Medal. His DA Form 20, item 38 (Records of Assignment) show he received all "excellent" conduct and efficiency ratings. BOARD DISCUSSION: The Board considered the applicant’s request with all supporting documents, evidence in the service record, and applicable regulations, policy, and guidance. The Board found sufficient evidence to warrant granting partial relief. 1. A review of the applicant’s service record found no supporting evidence showing he was awarded the Purple Heart. Additionally, the applicant is not listed on the Vietnam Casualty Roster. In order to award the Purple Heart substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record. The Board denies the request for the award of the Purple Heart. 2. The Board found no evidence in the service record, nor did the applicant provide evidence showing he was awarded a second or third Bronze Star Medal. The record is likewise devoid of any evidence he was awarded the Silver Star. Therefore the applicant’s request to be awarded the Bronze Star Medal (2nd award), and the Bronze Star Medal (3rd award) or the Silver Star is denied. 3. The applicant’s service record shows he was awarded the Air Medal on 22 June 1969 (General Order Number 7414). The evidence shows he is authorized one Air Medal. There is no record of him being awarded a second Air Medal. Therefore the Board denies the applicant’s request for a second Air Medal. 4. The applicant’s service records are void of evidence showing he was promoted to SGT/E5 prior to his discharge from active duty. The request to correct the record to show his rank as SGT/E5 is denied. 5. The Board also considered the applicant’s eligibility for award of the Army Good Conduct Medal. His DA Form 20, item 38 (Records of Assignment) show he received all "excellent" conduct and efficiency ratings and show no derogatory information that would disqualify him for the first award of the Army Good Conduct Medal. The applicant's records do not show he was awarded the Army Good Conduct Medal. Therefore the Board grants the applicant the award of the Army Good Conduct Medal. 6. The Board further considered the request for a personal appearance before the Board and found the evidence of record and independent evidence provided by the applicant to be sufficient to render a fair and equitable decision at this time. BOARD VOTE: Member 1 Member 2 Member 3 : : : Full Grant :X :X :X Partial Grant : : : Formal Hearing Grant : : : Deny 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 on the applicants DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) in item 24 to show award of the Army Good Conduct Medal. 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 the applicant being promoted to SGT, awarded the Purple Heart, a second Bronze Star, a third Bronze Star or Silver Star, or a second Air Medal. The Board also denies the applicant’s request for a personal appearance before the Board. 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. ADMINISTRATIVE CORRECTIONS: 1. A review of the applicant's records shows the following orders are sufficient to substantiate correction of his records without action by the Board: * Presidential Unit Citation, dated 1972, General Order Number 16 * Valorous Unit Award, dated 1974, General Order Number 52 * Meritorious Unit Commendation, dated 1977, General Order Number 5 * Republic of Vietnam Gallantry Cross with Palm Unit Citation, dated 1970, General Order Number 43 * Republic of Vietnam Civil Action Honor Medal First Class, dated 1971, General Order Number 49 * Air Medal, dated 22 June 1969, General Order Number 7414 * Parachute Badge, dated 15 May 1968, Special Order Number 117 * Marksmen Qualification Badge with Rifle Bar (M14), dated 11January 1968, Special Order Number 11 * Marksmen Qualification Badge with Rifle Bar (M16), dated 23 March 1968, Special Order Number 82 * Marksmen Qualification Badge with Rifle Bar (M60), dated 23 March 1968, Special Order Number 82 2. The applicant's DA Form 20 (Enlisted Qualification Record) shows he was awarded or authorized the Vietnam Campaign Medal with Device. 3. Add the following awards and badges to the applicant’s DD Form 214: * Presidential Unit Citation * Valorous Unit Award * Meritorious Unit Commendation * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Action Honor Medal First Class * Vietnam Campaign Medal with Device * Marksmen Qualification Badge with Rifle Bar (M14) * Marksmen Qualification Badge with Rifle Bar (M16) * Marksmen Qualification Badge with Rifle Bar (M60) * Parachute Badge * Air Medal ? REFERENCES: 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. 2. Army Regulation 635-5 (Separation Documents), in effect at the time, stated the purpose of the separation document was to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge. It is important that information entered on the form be complete and accurate and reflects the conditions as they existed at the time of separation. All decorations, service medals, campaign credits, and badges awarded or authorized were entered in Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized). 3. Army Regulation 600-8-22 (Military Awards) states: a. 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 that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record. b. Army policy, criteria, and administrative instructions concerning individual and unit military awards. The award of a bronze service star is authorized based on qualifying service for each campaign listed in Table B-1 (Campaigns, Service Requirements, and Inscriptions Prescribed for Streamers). Authorized service stars will be worn on the appropriate campaign medal, including the Vietnam Service Medal. c. the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service not involving participation in aerial flight in connection with military operations against an armed enemy or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. 4. U.S. Army Republic of Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided, in pertinent part, guidelines for award of the Air Medal. It established that passenger personnel who did not participate in an air assault were not eligible for the award based upon sustained operations. It defined terms and provided guidelines for the award based upon the number and types of missions or hours. Twenty-five Category I missions (air assault and equally dangerous missions) and accrual of a minimum of 25 hours of flight time while engaged in Category I missions was the standard established for which sustained operations were deemed worthy of recognition by an award of the Air Medal. However, the regulation was clear that these guidelines were considered only a departure point. a. Combat missions were divided into three categories. A category I mission was defined as a mission performed in an assault role in which a hostile force was engaged and was characterized by delivery of ordnance against the hostile force, or delivery of friendly troops or supplies into the immediate combat operations area. A category II mission was characterized by support rendered a friendly force immediately before, during or immediately following a combat operation. A category Ill mission was characterized by support of friendly forces not connected with an immediate combat operation but which must have been accomplished at altitudes which made the aircraft at times vulnerable to small arms fire, or under hazardous weather or terrain conditions. b. To be recommended for award of the Air Medal, an individual must have completed a minimum of 25 category I missions, 50 category II missions, or 100 category Ill missions. Since various types of missions would have been completed in accumulating flight time toward award of an Air Medal for sustained operations, different computations would have had to be made to combine category I, II and Ill flight time and adjust it to a common denominator. 5. Army Regulation 600-200 (Enlisted Personnel Management System), in effect at the time, contained an Army-wide promotion policy which set Army-wide standards, while at the same time offering Army-wide opportunities for advancement. Chapter 7 stated that promotion of enlisted personnel to grades E-3 through E-9 was announced in routine orders. For pay grades E-5 and E-6, field grade commanders of any organization authorized a commander in the grade of lieutenant colonel (O-5) or higher may promote to grades E-5 and E-6. Control was exercised by all commands to insure that promotions did not exceed the command pay grade vacancies, personnel ceilings directed by Headquarters, Department of the Army or allotted quotas. At the time, there were time in grade and time in service criteria for promotion to E-5. For appointment as an E-5, the Soldier must have had 8 months’ time in grade as an E-4 and 21 months’ time in service. Soldiers must receive a recommendation from their unit command. 6. Army Regulation 600-8-22, paragraph 1-47, states all U.S. Army medals are presented at no cost to an awardee. Replacement medals will be issued on a one-time basis and without charge to the recipient of the military decorations or the immediate primary next of kin of a deceased recipient. Written requests for medal replacement or service ribbons for individuals who served on active duty prior to 1 October 2002 should be made to: National Personnel Records Center, Military Personnel Records, 1 Archives Drive, St. Louis, MO 63138-1002. Veterans should include a copy of their DD Form 214 with their written request. 7. Army Regulation 672-5-1 (Military Awards), in effect at the time, provided policy and criteria concerning individual military decorations. It stated 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 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. At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service. 8. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, unit citation emblems awarded during the Vietnam Conflict. ABCMR Record of Proceedings (cont) AR20160014327 9