IN THE CASE OF: BOARD DATE: DOCKET NUMBER: AR20170000034 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: 22 August 2018 DOCKET NUMBER: AR20170000034 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was 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, for the period ending on 16 September 1970, the Vietnam Service Medal * adding to this DD Form 214 the: * Bronze Star Medal * Army Commendation Medal * Vietnam Service Medal with four bronze service stars * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Republic of Vietnam Gallantry Cross with Bronze Star Unit Citation * Republic of Vietnam Gallantry Cross with Palm Unit Citation 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 award of the Purple Heart and its addition to his 1970 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: 22 August 2018 DOCKET NUMBER: AR20170000034 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), for the period ending on 16 September 1970, to show his award of the Bronze Star Medal and award of the Purple Heart. 2. The applicant states he was awarded the Bronze Star Medal and it is not listed on his 1970 DD Form 214. In effect, he would like to be awarded the Purple Heart if possible. He received the Bronze Star Medal orders after he was discharged. He was on a mission before his discharge. He came home with a schrapnel wound to his left leg. 3. The applicant provides his 1970 DD Form 214 and a Department of Veterans Affairs (VA) Outpatient Medical Treatment Information Card. 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 29 January 1968. He was honorably discharged on 4 February 1968, for the purpose of enlistment in the Regular Army (RA). His DD Form 214 shows he completed 7 days of active service. 3. He enlisted in the RA on 5 February 1968. He completed training and was awarded military occupational specialty 11F (Infantry Operations and Intelligence Specialist). 4. Special Orders Number 62, dated 18 March 1969, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16). 5. His DA Form 20 (Enlisted Qualification Record) shows in: * Item 31 (Foreign Service) – he served in Vietnam from 17 September 1969 to 16 September 1970, during four campaigns * Item 38 (Record of Assignments) – he was assigned to Company B, 5th Special Forces Group (SFG) (Airborne), 1st Special Forces, from 19 September 1969 to 13 September 1970 * Item 40 (Wounds) – No entry to indicate he was wounded/injured in action * Item 41 – No entry for the Bronze Star Medal and Purple Heart 6. General Orders (GO) Number 1700, issued by Headquarters, 5th SFG (Airborne) on 25 August 1970, awarded him the Bronze Star Medal for meritorious service in connection with military operations against a hostile force in Vietnam for the period from 20 August 1969 to 19 August 1970. 7. He was honorably released from active duty, in the rank/grade of specialist five (SP5)/E-5, on 16 September 1970. His DD Form 214 shows he completed 2 years, 7 months, and 12 days of active service. His DD Form 214 also show in: * Item 22c (Foreign And/Or Sea Service) – 11 months and 29 days and the entry U.S. Army Pacific (USARPAC) * Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Authorized) – the: * National Defense Service Medal * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) * Vietnam Service Medal * Vietnam Campaign Medal * Combat Infantryman Badge * Parachutist Badge * Two Overseas Service Bars * Item 30 (Remarks) – Vietnam Service: 17 September 1969 to 16 September 1970 8. GO Number 239, issued by Headquarters, 5th SFG (Airborne) on 3 December 1970, awarded him the Army Commendation Medal for meritorious achievement in connection with military operations against a hostile force in Vietnam for the period from 1 to 31 July 1970. 9. An Authorization for Individual Foreign Award memorandum, dated 4 December 1971, authorized him award of the Republic of Vietnam Gallantry Cross with Bronze Star Unit Citation. 10. His record is void of any orders, or other documents that indicate he was ever recommended for or awarded 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 combat related wound or injury during his service in Vietnam. 11. A review of the Vietnam Casualty Roster failed to reveal an entry pertaining to the applicant. 12. 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 award of the Purple Heart pertaining to the applicant. 13. He provides his VA Outpatient Medical Treatment Information Card showing he was authorized treatment for malaria, scar residual shrapnel fragment wound to the left leg, and high frequency hearing loss. REFERENCES: 1. Army Regulation (AR) 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. The regulation states: a. In order to award a Purple Heart there must be evidence that a member was wounded or injured as a result of enemy action. The wound or injury for which the Purple Heart is being awarded must have required treatment by a medical officer and this treatment must be supported by medical treatment records that were made a matter of official record. b. A bronze star is authorized for wear on the Vietnam Service Medal to denote campaign participation. 2. Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) does not shows his unit, 5th SFG, 1st Special Forces, was cited for any awards during his period of service in Vietnam. 3. DAGO 8 of 1974 authorized award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army, Vietnam and all subordinate units for the period 20 July 1965 to 28 March 1973. DISCUSSION: 1. The evidence of record shows the applicant was awarded the Bronze Star Medal, Army Commendation Medal, and Expert Marksmanship Qualification Badge with Rifle (M-16) during his period of service. His 1970 DD Form 214 does not list these awards. 2. He was authorized award of the Republic of Vietnam Gallantry Cross with Bronze Star Unit Citation. This DD Form 214 does not list this unit award. 3. He was awarded the Vietnam Service Medal and participated in four campaigns during his service in Vietnam. He meets the criteria for award of four bronze service stars for wear on his already-awarded Vietnam Service Medal. His DD Form 214 does not list these service stars. 4. GO's awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of service in Vietnam. His DD Form 214 does not list this unit award. 5. Award of the Purple Heart requires evidence that a wound/injury for which the award is being made was received as a result of enemy action, the wound/injury received treatment from a military medical personnel, and a record of this medical treatment was made a matter of official record: a. The evidence of record is void of orders or any other documents that indicate he was ever recommended for or awarded the Purple Heart by proper authority while serving on active duty. His record is also void of any medical treatment records showing that he was ever treated for a combat-related wound or injury while serving in Vietnam. b. Further, Item 40 of his DA Form 20 contains no entry that indicates he was ever wounded/injured in action and item 41 of this form does not list the Purple Heart. Also, his name is not listed on the Vietnam Casualty Roster and a review of ADCARS failed to reveal any orders awarding him the Purple Heart. //NOTHING FOLLOWS// ABCMR Record of Proceedings Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170000034 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170000034 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2