ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 25 February 2019 DOCKET NUMBER: AR20160014352 APPLICANT REQUESTS: Correction of his DD Form 214 (Armed Forces of the United States report of Transfer or Discharge) to show the following: * Purple Heart * Combat Infantryman Badge * Bronze Star Medal (First Oak Leaf Cluster) with “V” Device APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * General Orders (GO) Number 349 (Purple Heart) * GO Number 288 (Bronze Star Medal with “V” Device) * GO Number 580 (Bronze Star Medal) (First Oak Leaf Cluster) * DD Form 214 * DD Form 215 (Correction to DD Form 214) FACTS: 1. The applicant did not file within the three 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. The applicant states his DD Form 214 does not show the awards he is requesting to be added. He believes it was an administrative error. 3. The applicant provides: a. GO 349, dated 25 December 1969, which awarded him the Purple Heart for wounds received on 24 December 1969. b. GO 288, dated 10 January 1970, which awarded him the Bronze Star Medal with “V” Device. c. GO 580, dated 19 January 1970, which awarded him the Bronze Star Medal (First Oak Leaf Cluster). d. DD Form 215, dated 16 January 1979, which shows he was permanently retired for physical disability. 4. A review of the applicant’s service record shows the following: a. The applicant’s record confirms he is eligible for awards that are not recorded on his DD Form 214. These awards will be added to his DD Form 214 as administrative corrections and will not be considered by the Board. The Board will consider award of the Purple Heart (Second Award), Combat Infantryman Badge, and Army Good Conduct Medal. b. He enlisted in the Regular Army on 7 August 1968. c. He served in Vietnam from 1 September 1969 to 23 January 1970 while assigned to 2nd Battalion, 14th Infantry, in military occupational specialty 11B (Light Weapons Infantryman). d. His DA Form 20 (Enlisted Qualification Record) item 40 (Wounds) shows: * wounds received to the head and legs on 21 December 1969 * wounds received to the lower extremities, arms, legs, and chest on 24 December 1969 e. His DA Form 20 also shows he received all “excellent” conduct and efficiency ratings. f. He was honorably retired from active duty due to temporary physical disability on 24 October 1970. His DD Form 214 shows he completed 2 years, 2 months, and 17 days of active service. It also shows he was awarded or authorized: * National Defense Service Medal * Parachutist Badge * Vietnam Service Medal * Vietnam Campaign Medal with “60” Device 5. His record is void of a record of derogatory information or record of a trial by court-martial. 6. By regulation: a. In item 40 of the DA Form 20, enter a brief description, including the date wounded or injured, of wounds or injuries requiring medical treatment, received through hostile or enemy action, including those requiring hospitalization. b. The Combat Infantryman Badge is awarded to enlisted persons who have an infantry military occupational specialty (MOS). They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size. c. The criteria for the first award only of the Army Good Conduct Medal, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year, require all “excellent” conduct and efficiency ratings and no convictions by a court-martial. BOARD DISCUSSION: After review of the application and all evidence, the Board determined there is sufficient evidence to grant relief. The Vietnam casualty roster (not referenced in the ROP) shows his injury dates as 24 December 1969 and 30 December 1969. The Board agreed to have his Purple Hearts issued mirroring Item 40 of his DA Form 20. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 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 Purple Heart for wounds received on 21 December 1969, the Combat Infantryman Badge for engaging the enemy on 21 December 1969, and the Army Good Conduct Medal (1st Award) for the period of service 7 August 1968 through 24 October 1970; b. amending GO 349, dated 25 December 1969, to read Purple Heart (2nd Award) for wounds received on 24 December 1969; and c. adding the following to his DD Form 214 for the period ending 24 October 1970: * Purple Heart (2nd Award) * Bronze Star Medal (2nd Award) with “V” device * Army Good Conduct Medal (1st Award) * Combat Infantryman Badge 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 NOTE(S): A review of the applicant’s records shows he is authorized awards not listed on his DD Form 214. As a result, delete the Vietnam Service Medal and add to his DD Form 214 the following: * Purple Heart * Bronze Star Medal (First Oak Leaf Cluster) with “V” Device * Vietnam Service Medal with two bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation (AR) 600-200 (Enlisted Personnel Management System), in effect at the time, provides for item 40 (Wounds), enter a brief description of wounds or injuries (including injury from gas) requiring medical treatment, received through hostile or enemy action, including those requiring hospitalization. Enter the date wounded or injured. 3. Army Regulation (AR) 600-8-22 (Military Awards) provides the Purple Heart is awarded for a wound or injury sustained as a result of hostile action. Substantiating evidence must be provided to verify that the wound or injury was the result of hostile action, the wound or injury must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record. a. A wound is defined as any injury to any part of the body from an outside force or agent. A physical lesion is not required. However, the wound for which the award is made must have needed treatment, not merely examination by a medical officer or physician. Additionally, treatment of the wound will be documented in the Service member's medical or health record. b. Examples of enemy-related injuries that clearly justify award of the Purple Heart include injury by an enemy bullet or shrapnel, enemy-placed trap or mine, and injuries caused by enemy-generated explosions or enemy-released chemical or biological agents. 4. AR 600-8-22 (Military Awards) states the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty (MOS). They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size. Additionally, Appendix V of U.S. Army Vietnam (USARV) Regulation 672-1 states that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H. 5. AR 672-5-1 (Awards), in effect at the time, stated 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 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. ABCMR Record of Proceedings (cont) AR20160014352 6 1