BOARD DATE: 11 July 2018 DOCKET NUMBER: AR20160016522 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 BOARD DATE: 11 July 2018 DOCKET NUMBER: AR20160016522 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 as follows: * awarding him the Army Good Conduct Medal (1st Award) for the period from 17 July 1967 to 18 February 1969 * deleting the Vietnam Service Medal from his 1969 DD Form 214 * adding the following awards to his 1969 DD Form 214 – * Purple Heart * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with four bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation (3rd Award) * Republic of Vietnam Civil Actions Honor Medal (2nd Award) ____________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 July 2018 DOCKET NUMBER: AR20160016522 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. 2. The applicant states, in effect, he does not know why the Purple Heart was omitted from his DD Form 214. 3. The applicant provides copies of his DD Form 214 and General Orders (GO) Number 4048 dated 28 May 1968. 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 17 July 1967. He was trained in and qualified as an Infantryman in military occupational specialty 11B (Infantry) 3. He served in Vietnam from 25 February 1968 to 18 February 1969 and he was assigned to: * Company B, 2nd Battalion, 7th Infantry, 1st Calvary Division (Airmobile) from 5 March to 26 August 1968 * Headquarters and Headquarters Company (HHC), 3rd Brigade, 1st Calvary Division (Airmobile) from 27 August to 24 December 1968 * HHC, 27th Maintenance Battalion, 1st Cavalry Division (Airmobile) from 25 December 1968 to 18 February 1969 4. His DA Form 20 (Enlisted Qualification Record) contains the following pertinent entries: * item 38 (Record of Assignments) contains "excellent" conduct and efficiency ratings for the period he was assigned to units; during basic training and between assignments his ratings were “unknown" * item 40 (Wounds) fragment wound upper right leg occurred on 19 May 1968 * there are no records of courts-martial or nonjudicial punishment 5. He was honorably released from active duty in the rank/grade of specialist four/E-4 on 18 February 1969. His DD Form 214 shows he completed 1 year, 7 months, and 2 days of active service and 11 months and 23 days of foreign service. It also shows he was awarded or authorized the following awards: * National Defense Service Medal * Vietnam Service Medal (VSM) * Republic of Vietnam Campaign Medal with Device (1960) (VCM) * Air Medal * Combat Infantryman Badge * Marksman Marksmanship Qualification Badge with Rifle Bar (M16) * Expert Marksmanship Qualification Badge with Rifle Bar (M14) * two overseas service bars (uniform item) 6. The applicant's name is shown on the Vietnam casualty roster, a compilation of most of those who were wounded in Vietnam, showing he was wounded in action on 19 May 1968. 7. The applicant provided GO Number 4048 dated 28 May 1968 issued by Headquarters, 1st Cavalry Division (Airmobile) awarding him the Purple Heart for wounds incurred on 19 May 1968.. (This order was not filed in his official military personnel file.) REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes the policy, criteria, and administrative instructions concerning individual and unit military awards. 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 the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record. Publication of orders is required for this award. b. Vietnam Service Medical 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. This same regulation states a bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in. Appendix B shows that during the applicant's service in Vietnam, participation credit was awarded for the following four campaigns: * Tet Counteroffensive (30 January - 1 April 1968) * Vietnamese Counteroffensive Phase IV (2 April - 30 June 1968) * Vietnamese Counteroffensive Phase V (1 July - 1 November 1968) * Vietnamese Counteroffensive Phase VI (2 November 1968 - 22 February 1969 2. Army Regulation 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 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. There must have been no convictions by a court-martial. 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 it in orders. 3. 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 the units noted below they were cited for award of the: a. Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Order (DAGO) Number 42 dated 1972 for Company B, 2nd Battalion, 7th Infantry. This unit citation was awarded by the Vietnamese government for valorous combat achievement. b. Republic of Vietnam Gallantry Cross with Palm Unit Citation by DAGO 52 dated 1969 and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by DAGO Number 42 dated 1972 for HHC, 3rd Brigade, 1st Calvary Division (Airmobile). c. Republic of Vietnam Gallantry Cross with Palm Unit Citation by DAGO Number 52 dated 1969 and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by DAGO Number 42 dated 1972 for HHC, 27th Maintenance Battalion, 1st Cavalry Division (Airmobile). No more than one Republic of Vietnam Gallantry Cross with Palm Unit Citation will be worn by any individual. Although wear of multiple awards of this unit citation badge is not authorized, official military personnel and historical records will indicate all awards received. 4. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed policies and procedures for the completion of the DD Form 214. Regarding award and decorations, it stated all decorations, service medals, campaign credits, and badges awarded or authorized would be reflected. The source document was the DA Form 20 and award orders. DISCUSSION: 1. General orders awarded the applicant the Purple Heart which was omitted from his DD Form 214. 2. The evidence of record confirms he served honorably during the period 17 July 1967 to 18 February 1969. Evidence shows he received all "excellent" conduct and efficiency ratings while assigned to units. There were periods of “unknown” ratings; however, this also is not disqualifying. His record shows no evidence indicating he would have been precluded from being awarded the Army Good Conduct Medal (1st Award). 3. The evidence revealed the applicant participated in four campaigns during his service in Vietnam. The Vietnam Service Medal listed on his DD Form 214 does not include the four bronze service stars to denote his participation in four campaigns. 4. Orders announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation. Based on his assignment to three units, he is only authorized one Republic of Vietnam Gallantry Cross with Palm Unit Citation for wear on his uniform. Regulatory guidance does state his official military personnel record should annotate three awards of this particular medal. 5. Orders announced award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. Two of his assigned units received this award by the Vietnamese government. Regulatory guidance states only one appurtenance will be worn on the uniform which is the highest appurtenance authorized. Regulatory guidance does state his official military personnel record should annotate two awards of this particular medal. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160016522 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160016522 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2