BOARD DATE: 8 August 2018 DOCKET NUMBER: AR20160018296 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: 8 August 2018 DOCKET NUMBER: AR20160018296 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: * awarding him the Army Good Conduct Medal (1st Award) for his period of service from 15 May 1698 to 14 February 1970 in the rank of sergeant (SGT) * awarding him the Combat Infantryman Badge for action on 25 October 1969 in the rank of SGT * deleting from his DD Form 214 the Vietnam Service Medal * adding to his DD Form 214 – * Purple Heart * Army Good Conduct Medal * Vietnam Service Medal with three bronze service stars * Combat Infantryman Badge * 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. BOARD DATE: 8 August 2018 DOCKET NUMBER: AR20160018296 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 the Purple Heart and the Combat Infantryman Badge. 2. The applicant states he held an infantry military occupational specialty (MOS), served in an infantry unit, and engaged the enemy at least three times during his combat service in the Republic of Vietnam. He performed numerous infantry duties in his unit and attained the rank of sergeant (SGT)/pay grade E-5. He was assigned to Company C, 1st Battalion, 6th Infantry, 198th Infantry from April 1969 to February 1970. a. On or about 19 October 1969, his company joined a Republic of Vietnam Army battalion during an air assault operation conducting a search and destroy mission. Upon landing they took small arms fire from enemy forces. They proceeded up to the ridge line of a hill with his squad on point. His squad was ordered to the rear of the platoon when they again encountered small arms fire. A squad pursed the enemy but did not make contact with them although they recovered items left behind by enemy forces. b. Over the next few days and nights they continued with their mission encountering enemy mortar fire. His unit did not return mortar fire because of the jungle canopy and no clear idea of where the enemy was located. In time they did locate an enemy village, which had been abandoned before their arrival. c. On or about 25 October 1969, they returned to the lowlands with a landing zone and proceeded to conduct security of the area and then maintenance on their weapon systems. They proceeded to use an M-60 machine gun firing into a hillside. During the firing he was hit by a projectile from an unknown source, which resulted in a leg wound and his medical evacuation to the 91st Evacuation Hospital. He underwent surgery and was further evacuated for recovery and physical therapy. He ultimately returned to his unit and continued to perform infantry duties. 3. The applicant provides – * his DD Form 214 ending on 14 February 1970 * General Orders (GO) Number 63 dated 27 October 1969 * GO Number 373 dated 10 January 1970 * GO Number 7046 dated 4 July 1970 * Howard. S. V. DD Form 214 ending on 9 April 1971 * letter of support from Howard S. V. * letter of support from Paul E. C. 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. On 15 May 1968 the applicant was inducted into the Army of the United States. He trained in and was awarded MOS 11B (Light Weapons Infantryman). 3. A review of the applicant’s DA Form 20 (Enlisted Qualification Record) shows the following pertinent entries: * item 31 (Foreign Service) 23 April 1969 to 14 February 1970 in the Republic of Vietnam * item 38 (Record of Assignments) shows he was assigned to Company C, 1st Battalion, 6th Infantry, 198th Infantry Brigade on 5 May 1969 serving until his release from active duty * item 38 – he received all "excellent" conduct and efficiency ratings throughout his service. (His record does not contain any derogatory information or a commander's disqualification that would have precluded him from receiving the first award of the Army Good Conduct Medal.) * item 40 (Wounds) – no entry 4. On 14 February 1970 he was honorably released from active duty in the rank/grade of SGT/pay grade E-5. He was issued a DD Form 214 showing he served 1 year and 9 months of active service with 9 months and 20 days of foreign service in the U.S. Army Pacific. His awards, decorations, medals and campaign ribbons include: * National Defense Service Medal * Vietnam Service Medal * Vietnam Campaign Medal with Device (1960) * Bronze Star Medal * Expert Marksmanship Qualification Badge with Rifle Bar * two overseas service bars (item of uniform) 5. The applicant provided GO 63, dated 27 October 1969, issued by Headquarters, 91st Evacuation Hospital awarding him the Purple Heart for wounds incurred on 25 October 1969 as a member of Company C, 1st Battalion, 6th Infantry. He also provided GO 373 issued on 10 January 1970 by Headquarters, Americal Division awarding him the Bronze Star Medal for his meritorious service from April 1969 to February 1970. 6. The applicant's former platoon leader and fellow Soldier, Howard S. V., both were aware of the applicant’s engagement with enemy forces and his subsequent wounding. Both state he should be awarded the Purple Heart and Combat Infantryman Badge. Mr. Howard S. V. in his letter stated he provided his DD Form 214 as evidence to show he was awarded the Combat Infantryman Badge and his Army Commendation Medal orders showing he was assigned to Company C, 1st Battalion, 6th Infantry which is the applicant's assigned unit in the Republic of Vietnam. 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 while 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 by medical personnel, and the medical treatment must have been made a matter of official record. Announcement in orders is required. b. There are basically three requirements for award of the Combat Infantryman Badge. The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat. Announcement in orders is required. c. The 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 award for each Vietnam campaign a member is credited with participating in. Appendix B shows that during the former service member's service in Vietnam, participation credit was awarded for the following three campaigns: * Tet 69/Counteroffensive (23 February – 8 June 1969) * Vietnam Summer – Fall 1969 (9 June – 31 October 1969) * Vietnam Winter - Spring 1970 - 1 November 1969 - 30 April 1970 2. Department of the Army Pamphlet (DA PAM) 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 former service member was assigned to Company C, 1st Battalion, 6th Infantry, his unit was cited for the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Order Number 42, dated 1972. 3. 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. There must have been no convictions by a court-martial. 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. Orders awarded the applicant the Purple Heart and it was omitted from his DD Form 214. While the applicant provided orders awarding him the Bronze Star Medal, it is already shown on his DD Form 214 though in its abbreviated format. 2. It appears the applicant met the three criteria for award of the Combat Infantryman Badge: he held an infantry MOS, he was assigned to an infantry unit, and by award of the Purple Heart he was actively engaged with enemy forces. 3. The evidence of record confirms he served honorably during the period 15 May 1968 to 14 February 1970 attaining the rank of SGT/pay grade E-5. Evidence shows he received all "excellent" conduct and efficiency ratings throughout his service. His record shows no evidence indicating he would have been precluded from being awarded the Army Good Conduct Medal (1st Award). 4. The evidence revealed the applicant participated in three campaigns during his service in Vietnam. Therefore, he is entitled to award of three bronze service stars for wear on his previously-awarded Vietnam Service Medal. 5. GO awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation, which warrants its addition to his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160018296 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160018296 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2