IN THE CASE OF: BOARD DATE: 20 November 2018 DOCKET NUMBER: AR20160018985 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 IN THE CASE OF: BOARD DATE: 20 November 2018 DOCKET NUMBER: AR20160018985 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: * deleting from his DD Form 214: * Bronze Star Medal with 2nd Oak Leaf Cluster (OLC) and "V" Device * Army Commendation Medal with "V" Device * Vietnam Service Medal * adding to this DD Form 214 the: * Bronze Star Medal with 3rd OLC and "V" Device * Army Commendation Medal with 2nd OLC and "V" Device * Vietnam Service Medal with three bronze service stars 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 awarding him the Purple Heart (2nd Award) and its addition to his DD Form 214. ___________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. IN THE CASE OF: BOARD DATE: 20 November 2018 DOCKET NUMBER: AR20160018985 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 (Certificate of Release or Discharge from Active Duty), for the period ending on 30 June 1987, to show the following awards: * Bronze Star Medal with 3rd Oak Leaf Cluster (OLC) and "V" Device * Army Commendation Medal with 1st OLC and "V" Device * Purple Heart (2nd Award) 2. The applicant states: a. His 1987 DD Form 214 currently lists the following awards: * Bronze Star Medal with 2nd OLC and "V" Device * Army Commendation Medal with "V" Device * only one award of the Purple Heart b. He was awarded a Purple Heart for wounds received on 19 May 1967. Major General J_ T_ personally presented/pinned him with this award at the hospital at Qui Nhon, Vietnam. He received orders for the second award of the Purple Heart for action on 26 July 1967. Unfortunately, he did not receive and he has been unable to locate a copy of the orders for 19 May 1967 award of the Purple Heart. c. He recently discovered copies of General Orders (GO) Number 7700, issued by Headquarters, 1st Cavalry Division (Airmobile) on 8 April 1971, which amended GO Number 2912 to read "Bronze Star Medal with 3rd OLC." Additionally: (1) GO Number 75, issued by Headquarters, U.S. Army Infantry Center, Fort Benning, GA on 19 September 1969, announced the first award of the Army Commendation Medal. (2) GO Number 3698, issued by 1st Cavalry Division (Airmobile), on 25 February 1971, correctly announced award of the Army Commendation Medal with 1st OLC and "V" Device. 3. The applicant provides copies GO Number 75, 2794, 2912, 3698, 5182, 5126, and 7700 and his 1987 DD Form 214. 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 period 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. Having prior enlisted service, the applicant was commissioned in the Regular Army on 14 April 1966. 3. His DA Form 2-1 (Personnel Qualification Record - Part 11) contains the following information: a. Items 5 (Overseas Service) and 35 (Record of Assignments) show he served in Vietnam from 10 March to 4 September 1967, during two campaigns; however, his assigned unit during his period of service in Vietnam is illegible. b. Item 9 (Awards, Decorations, and Campaigns) shows the Bronze Star Medal with 3rd OLC and "V" Device, Army Commendation Medal with "V" Device, and Purple Heart. 4. He provides copies of the following: a. GO Number 75, issued by Headquarters, U.S. Army Infantry Center on 19 September 1969 awarded him the Army Commendation Medal for meritorious service from 2 November 1967 to 6 August 1969. b. GO issued by Headquarters, 1st Cavalry Division (Airmobile), on/for: * Number 2794, 11 February 1971, awarded him the Bronze Star Medal with "V" Device for heroism in Vietnam on 6 September 1970 * Number 2912, 14 February 1971, awarded him the Bronze Star Medal for meritorious achievement in Vietnam from 30 July 1970 to 1 February 1971 * Number 3698, 25 February 1971, awarded him of the Army Commendation Medal with "V" Device and 1st OLC for heroism in sustained combat in Vietnam from 7 to 10 September 1970 * Number 5182, 10 March 1971, awarded him the Bronze Star Medal with 2nd OLC for meritorious achievement in Vietnam from 25 January to 24 March 1971 * Number 5126, 10 March 1971, awarded him the Bronze Star Medal with 1st OLC for meritorious service in Vietnam from June 1970 to March 1971 * Number 7700, 8 April 1971, amended GO Number 2912, to read "Bronze Star Medal with 3rd OLC 5. He was honorably retired on 30 June 1987. His DD Form 214 shows he completed over 21 years of active service. His DD Form 214 also shows he was awarded and authorized the: * Bronze Star Medal with 2nd OLC and "V" Device * Army Commendation Medal with "V" Device * Purple Heart * Valorous Unit Award * Vietnam Gallantry Cross with Bronze Star and Palm Unit Citation * Vietnam Unit Award 6. His record is void of any orders, or other documents that indicate he was ever recommended for or awarded a second award of the Purple Heart by proper authority while serving on active duty. It also contains no medical treatment records that indicate he was ever treated for a second combat related wound or injury during this period of service. 7. On 10 August 2018, a staff member of the U.S. Army Human Resources (HRC) advised the Army Review Boards Agency that review of the Vietnam Casualty Roster revealed the applicant was wounded in action on 13 May 1967. The roster failed to reveal an additional entries pertaining to the applicant. HRC informed this Board that they would issue the applicant the Purple Heart orders for that date. 8. A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam-era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for a second award the Purple Heart pertaining to the applicant. REFERENCES: Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. The regulation states: a. The Purple Heart is awarded for a wound sustained as a result of enemy 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. The bronze OLC is awarded to denote the second and succeeding award of the Purple Heart. b. A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. The applicant's service in Vietnam coincided with the following campaigns listed in Appendix B of the regulation: * Vietnam Counteroffensive, Phase II, 1 July 1966-31 May 1967 * Vietnam Counteroffensive, Phase Ill, 1 June 1967-29 January 1968 * Vietnam Counteroffensive, Phase VII, 1 July 1970-30 June 1971 DISCUSSION: 1. The evidence of record shows the applicant was awarded the Bronze Star Medal with 3rd OLC and "V" Device and Army Commendation Medal with 1st OLC and "V" Device during his period of service. His 1987 DD Form 214 does not list these awards. 2. He was awarded the Vietnam Service Medal and participated in three campaigns during his service in Vietnam. He meets the criteria for award of three bronze service stars for wear on his already-awarded Vietnam Service Medal. His DD Form 214 does not list these service stars. 3. The evidence of record confirms he was wounded as a result of enemy action in Vietnam on 13 May 1967. HRC advised the Board that they would issue orders awarding him the Purple Heart for this date. There is no evidence and he provided none showing he was wounded a second time as a result of enemy action during his period of service in Vietnam. 4. By regulation, in order to support a second award of the Purple Heart, all criteria must be met, to include that there must be evidence that the wound for which the award is being made was received as a result of enemy action, in addition to receiving treatment by military medical personnel and a record of this medical treatment being made a matter of official record. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160018985 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160018985 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2