8 BOARD DATE: 16 August 2018 DOCKET NUMBER: AR20160018728 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ____x____ ___x_____ ___x_____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 16 August 2018 DOCKET NUMBER: AR20160018728 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 by: a. removing the following awards from his 1969 DD Form 214 – * Bronze Star Medal * "Viet Nam Campaign Medal" * "Viet Nam Service Medal" b. awarding him the – * Purple Heart for wounds incurred on 11 December 1967 in the Republic of Vietnam * Army Good Conduct Medal (1st Award) for his period of service from 28 April 1965 to 17 April 1968 c. adding the following to his 1969 DD Form 214 – * Bronze Star Medal with "V" Device * Bronze Star Medal (Second Oak Leaf Cluster) * Purple Heart * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with four bronze service stars * Republic of Vietnam Campaign Medal with Device (1960) * Republic of Vietnam Gallantry Cross with Palm Unit Citation d. issuing him a new Honorable Discharge Certificate 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 anything except the aforementioned corrections. _____________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: 16 August 2018 DOCKET NUMBER: AR20160018728 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: a. all awards to include issuance of all medal sets, not just ribbons, and paper copies of all award citations: * three Purple Hearts * Bronze Star Medal with "V" Device * Bronze Star Medal (Second Oak Leaf Cluster) * Republic of Vietnam Campaign Medal with Device (1960) * Republic of Vietnam Gallantry Cross Unit Citation with Silver Service Star * Marksman Marksmanship Qualification Badge with Pistol Bar * Marksmanship Qualification Badge with Hand Grenade Bar b. all education and training completed during his period of service: * advanced individual training * ranger training (completed in the Republic of Vietnam) * long range patrol (LRP) training c. he requests copies of his training records from Fort Gordon, and d. a new Honorable Discharge Certificate. 2. The applicant states, in effect, he wants all his authorized decorations, medals, badges, commendations and campaign ribbons shown on his DD Form  214 in addition to all military training completed during his periods of service. He wants to make a shadow box for his grandchildren and only wants his "correct medals" displayed. 3. The applicant provides the following documents: * DD Form 214 ending on 22 April 1969 * multiple emails * except from his military medical record dated 12 December 1967 * National Personnel Records Center (NPRC) letter dated 4 October 2010 addressed to the applicant * pictures of award medal sets and ribbons sent to him by NPRC staff * page 4 of his DA Form 20 (Enlisted Qualification Record) * personal letter dated 20 October 2016 to this Board with a reference page * letter to National Personnel Records Center dated 20 October 2016 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 ABCMR is not a records custodian, the NPRC maintains control of military personnel records, now referred to as the Army Military Human Resource Record (AMHRR). The AMHRRs held at NPRC are administrative records containing information about the subject's military service history. To obtain a copy of the personnel portion of the AMHRR, which includes his individual training record, applicants may mail or fax a signed and dated request to NPRC. Applicants should be sure to use the address specified by the instructions on the Standard Form (SF) 180 (Request Pertaining to Military Records). Requests may be faxed to (314) 801-9195 or mailed to the following address: National Personnel Records Center, Military Personnel Records, 1 Archives Drive, St. Louis, MO 63138. This issue will not be further addressed in this Record of Proceedings. 3. Service medals and awards are not issued by the Army Board for Correction of Military Records (ABCMR). However, the applicant may obtain his medals by submitting his request in writing to: National Personnel Records Center, ATTN: Army Reference Branch, 1 Archives Drive, St. Louis, Missouri 63138. This issue will not be further addressed in this Record of Proceedings. 4. The applicant enlisted in the Regular Army on 29 April 1965. He completed training and was awarded military occupational specialty (MOS) 11H (Infantry Direct Fire Crewman). 5. On 9 May 1966, he was discharged for the purpose of immediate reenlistment and he was issued a DD Form 214 containing the following pertinent information. * item 24a (Statement of Service – Net Service This Period) shows 1 year and 12 days * item 24b (Statement of Service – Foreign Service) shows 6 months and 12 days "EUSA" [Europe – U.S. Army] * item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the Expert Marksmanship Qualification Badge with Rifle Bar * item 27 (Wounds Received as a Result of Action with Enemy Forces) shows "N/A" * item 28 (Service Schools or Colleges, College Training Courses and/or Post-Graduate Courses Successfully Complete) shows "N/A" 6. On 10 May 1966 he reenlisted in the Regular Army for a period of 3 years. He continued to serve in MOS 11H. 7. His record contains a complete copy of his DA Form 20 containing the following information: a. item 29 (Qualification in Army) –Expert Marksmanship Qualification Badge with Rifle Bar (M14); b. item 31 (Foreign Service) – * United States Army Pacific (USARPAC) – Korea from 28 October 1965 to 24 November 1966 * USARPAC – Vietnam from 27 May 1967 to 26 May 1968 * United States Army Europe (USAREUR) – Germany from 22 July 1968 to 1 July 1971 c. item 38 (Record of Assignments) –he was assigned to Company D, 2nd Battalion, 8th Cavalry, 1st Calvary Division (Airmobile), Vietnam; d. 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.) e. item 40 (Wounds) – punji stake wound right foot on 11 December 1967; f. item 41 (Awards and Decorations) – * Vietnam Service Medal * National Defense Service Medal * Combat Infantryman Badge * Republic of Vietnam Campaign Medal with Device (1960) * Air Medal * Bronze Star Medal (Second Oak Leaf Cluster) * Bronze Star Medal with "V" Device * two overseas service bars 8. General Orders (GO) Number 3112 issued by Headquarters, 1st Cavalry Division (Airmobile) on 11 May 1968 awarding him the Bronze Star Medal (Second Oak Leaf Cluster) for meritorious service during the period from May 1967 to May 1968. 9. GO Number 7543 issued by Headquarters, 1st Cavalry Division (Airmobile) on 7 July 1968 awarding him the Bronze Star Medal with "V" Device for heroism on 19 December 1967. [Within the citation there is no mention of being injured by enemy fire on 19 December 1967 though he did expose himself to the enemy when he threw a grenade into an enemy position.] 10. On 22 April 1969 he was released from active duty in the rank and grade of staff sergeant (SSG)/pay grade E6. He was issued a DD Form 214 showing: a. item 22a(1) (Statement of Service – Net [Active] Service This Period) – 2 years, 11 months and 13 days, b. item 22c (Foreign Service) – 2 years, 9 months and 26 days, c. item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized): * Combat Infantryman Badge * National Defense Service Medal * Bronze Star Medal * "Viet Nam Service Medal" * “Viet Nam Campaign Medal” * 2 overseas [service] bars (item of uniform wear) * Air Medal * Expert Marksmanship Qualification Badge with Rifle Bar (M14) d. Item 25 (Education and Training Completed) shows – * Army Training Plan (ATP) 21-114 (Basic Training – 8 weeks) * Code of Conduct * [Uniform Code of] Military Justice * CBR [Chemical, Biological and Radiological Warfare] Training e. item 30 (Remarks) – Republic of Vietnam from 27 May 1967 to 26 May 1969 11. The applicant's name is listed on the Vietnam Casualty Roster showing he was wounded in action on 11 December 1967. There are no additional dates of wounding noted for the applicant within the Vietnam Casualty Roster. 12. During the processing of this case, an inquiry was made to the U.S. Army Human Resources Command. An official conducted a search of the Awards and Decorations Computer Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973, and failed to find Purple Heart orders for the applicant. 13. The applicant provided the following evidence: a. multiple emails showing he was communicating with former members of his unit concerning when he was injured in the Republic of Vietnam; b. excerpts from his military medical record dated 12 December 1967 showing he was treated by medical personnel for a punji stick injury to his right foot; c. a personal letter dated 20 October 2016 to this Board with a reference page wherein he states – * all his weapons qualification badges are not shown on his [1969] DD Form 214, he qualified as a marksman with the pistol and qualified with a hand grenade * he completed advanced individual training and graduated from a leadership school, these schools are not shown on his 1969 DD Form 214; he specifically states these schools "are not spelled out" * at advanced individual training he qualified expert as a gunner and qualified with the – * "M40 106 RR" known as the M40 recoilless rifle crew served weapon 105 millimeter (mm) – anti-tank weapon (Recoilless Rifle Bar) * M67 90 mm RR known as the M67 recoilless rifle 90 mm anti-tank crew served weapon (Recoilless Rifle Bar) * M72 LAW [Light Anti-Tank Weapon], the Rocket Launcher Bar * M252 81 mm mortar [medium weight crew served mortar weapon] Mortar Bar * M30 4.2 [inch] mortar [heavy weight crew served mortar weapon] Mortar Bar * M2 .50 caliber [machine gun] Machine Gun Bar d. he was wounded three times including from a punji stick to his right foot, which is recorded in his medical record. He also had a punji stick wound to his left calf in August 1967 when he stepped off the trail and fell into a punji pit. He eventually went to the rear for medical treatment. His third injury occurred when he was on guard duty and tested his .50 caliber machine gun and it blew up between his legs. He immediately sought medical treatment for wounds to his groin and upper thighs. He was medically evacuated further to the rear for treatment. Treatment for these injuries should have been mentioned somewhere. e. concerning the omission of awards, a Vietnamese officer pinned the Republic of Vietnam Gallantry Cross on him. There is a discrepancy between his DD Form 214 and the NPRC correspondence and award medal sets provided to him based upon his request to replace medals lost in a house fire. He also lost his Honorable Discharge Certificate in the fire and would like it replaced. f. he seeks his training records from Fort Gordon, GA. He states he was a sergeant conducting training when a student had a weapon misfire. He found the round in the weapon, reviewed procedures with the student and had him fire the weapon down range. The weapon properly fired a second time. He is looking for copies of reports of this incident for his personal records. g. he provides a copy of the letter sent to him by the NPRC and their response to his request for medal sets. He identified many errors between the NPRC correspondence authorizing him awards and his 1969 DD Form 214. He is very concerned his record (DD Form 214) is inaccurate. He points out in his letter responding to the NPRC their discrepancies in the medals sets and ribbons they issued to him. He cannot understand the multiple errors and claims he is owed more medal sets. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Department of the Amy 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. When contemplating the Purple Heart, the key issue that commanders must take into consideration 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 is not sole justification for award. One example of enemy related injuries that clearly justify award of the Purple Heart is an injury caused by vehicle or aircraft accident resulting from enemy fire. Examples of incidents that do not warrant award of the Purple Heart include accidents, to include explosive, aircraft, vehicular, and other accidental wounding not related to or caused by enemy action. b. 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 applicant's service in Vietnam, he participated in the following four campaigns: * Vietnamese Counteroffensive Phase II (1 July 1966 - 31 May 1967) * Vietnamese Counteroffensive Phase III (1 June 1967 - 29 January 1968) * Tet Counteroffensive (30 January - l April 1968) * Vietnamese Counteroffensive Phase IV (2 April - 30 June 1968) c. The Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973. d. Awards made by the President, the Secretary of Defense, and the Secretary of the Army are announced in Department of the Army general orders. Awards of decorations and the Army Good Conduct Medal will be announced in permanent orders by the appropriate awards approval authority. Service medals and ribbons are administratively awarded to individuals who meet the qualifying criteria. e. The qualification badge is awarded to indicate the degree – Expert, Sharpshooter, and Marksman -- in which an individual has qualified in a prescribed record course. An appropriate bar is furnished to denote each weapon with which the individual has qualified. Award of marksmanship badges is not permanent. An award for previous marksmanship weapons qualification is revoked automatically whenever an individual, upon completion of firing a record course for which the previous award was made, has not attained the same qualification. The following bars are among the authorized bars provided there is verification in the record of meeting course qualification standards: * Auto Rifle * Machine Gun * Submachine Gun * Grenade * Recoilless Rifle * Mortar 2. Department of the Army Pamphlet 350-38 (Standards in Training Commission) provides commanders with the training strategies for individual, crew, and collective weapons training. The pamphlet is structured by unit type (e.g., Armor, Infantry, Artillery, Military Police, etc.) instead of by weapon type; however, the basic requirements call for annual (or sooner) qualification with individual weapons. This means, in effect, the most recent qualification score with a particular weapon denotes the degree of marksmanship badge the Soldier is eligible to wear. 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. 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 applicant was assigned to 2nd Battalion, 8th Calvary his unit was cited for the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Order (DAGO) Number 59, dated 1969. 5. Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214. This regulation states for item 24 to enter all awards for all periods of service. Check the Soldier's records for validity of awards. For item 25, list in-service (full-time attendance) including major courses successfully completed during the period of service covered by title, dates and major course; e. g., medical, dental, electronics, supply, administrative, personnel or heavy equipment. [This information is to assist the Soldier after separation in job placement and counseling; therefore, training courses for combat skills will not be listed.] DISCUSSION: 1. The applicant’s name is listed once on the Vietnam Casualty Roster as being wounded in action on 11 December 1967, which is also reflected on his Enlisted Qualification Record. He did not provide nor did his record contain a second or third date of wounding by enemy forces. He meets the regularity criteria for one award of the Purple Heart for wounds incurred on 11 December 1967. a. The applicant stated his machine gun misfired and an explosion occurred resulting in injuries to his groin. This incident appears to be a weapon systems malfunction or an accident. There is no evidence he was engaging with the enemy at the time of the malfunction. b. He also stated his calf was injured by a punji stick while patrolling and later he sought medical treatment. There is no evidence in his available medical record he sought medical treatment and said treatment was made a matter of official record. 2. Orders announced the following awards which were omitted from his DD Form 214: * Bronze Star Medal with "V" Device * Bronze Star Medal (Second Oak Leaf Cluster) [3rd Award] 3. He served honorably from 28 April 1965 to 27 April 1968 during two enlistment periods. He served in Vietnam, was wounded in action, attained the rank/grade of SSG/E-6, and received "excellent" efficiency and conduct ratings throughout his military service. His records contain no derogatory information that would have disqualified him from receiving the first award of the Army Good Conduct Medal. He appears to have met the criteria for award of the Army Good Conduct Medal (1st Award). 4. The evidence revealed the applicant participated in four campaigns during his service in the Republic of Vietnam. He was awarded the Vietnam Service Medal; however, this medal, while listed on his DD Form 214, does not include four bronze service stars to denote his participation in four campaigns. 5. Orders awarded the applicant's assigned unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation. This award was omitted from his DD Form 214. Concerning this award "with silver service star" as he requested, the applicable pamphlet did not show any service star(s) were to accompany this foreign badge/award. Of note, foreign badges are not issued by Department of the Army. 6. There is no evidence to showing the applicant qualified with each identified weapon system. a. His DA Form 20 does not show he was authorized additional marksmanship badges nor does his record contain orders awarding him additional badges. b. It is presumed during his MOS training he fired each weapon system he identified in his application for familiarization. Familiarization with a weapon system does not entitle one to qualification badge(s) and associated weapon systems bars. A qualifying course, certification of qualification level attained and publication in orders are normally required. 7. The applicant's requested of correction of his DD Form 214 to add additional leadership training and combat skills to item 25 of his DD form 214. However, his record contains no evidence to show he successfully completed leadership training. Additionally, combat skill qualification courses are not entered on the DD Form 214 as this form is used to assist former Soldiers with civilian employment post service. 8. The applicant stated he lost his initial Honorable Discharge Certificate due to a house fire. Based on that loss and as a matter of equity, there is nothing to bar the Board from directing he be reissued a new Honorable Discharge Certificate. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160018728 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160018728 11 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2