IN THE CASE OF: BOARD DATE: 19 September 2018 DOCKET NUMBER: AR20170000191 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: 19 September 2018 DOCKET NUMBER: AR20170000191 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. deleting from his DD Form 214 the entries in item 18 (Date Entered Active Duty This Period), 18a (Net Active Service This Period), 18c (Total Active Service), 18e (Total Service For Pay) as well as deleting the Vietnam Service Medal and Purple Heart from item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized); and b. adding to his DD Form 214 the entries in: * Item 18, "66 12 28" * Item 18a, "2 8 0" * Item 18c, "2 8 0" * Item 18e, "2 8 0"; and * Item 26, Purple Heart (2nd Award), Bronze Star Medal with "V" Device, Vietnam Service Medal with three bronze service stars, 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 any relief in excess of that described above. ___________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: 19 September 2018 DOCKET NUMBER: AR20170000191 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 (Report of Separation from Active Duty) to show award of the Purple Heart (3rd Award) and Bronze Star Medal with "V" Device. He further requests his time lost before and after his normal expiration term of service (ETS) be corrected as well as listing his military service number on the DD Form 214. 2. The applicant states, in effect, his DD Form 214 is incorrect. 3. The applicant provides: * DD Form 214 * DD Form 215 (Correction to DD Form 214) * General Orders Number 178 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's record contains DD Form 4 (Enlistment Record – Armed Forces of the United States) which shows he enlisted in the Regular Army (RA) on 31 December 1966. Item 2 (Service Number) lists a military service number. 3. The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam for the period 27 June 1967 to 26 June 1968. Evidence shows he served with Company A, 2nd Battalion (Airborne), 502nd Infantry Regiment for the period 9 July to 5 October 1967. He was a patient in Japan for the period 6 October to 9 November 1967. He served with Company A, 2nd Battalion (Airborne), 502nd Infantry Regiment for the period 10 November 1967 to 31 January 1968 and with Company E (Provisional) Support Battalion, 1st Brigade, 101st Airborne Division for the period 1 February to 20 June 1968. 4. Item 40 (Wounds) of his DA Form 20 shows he received a punji stick wound to his left shin on 5 September 1967 and a traumatic amputation of the middle finger on his right hand on 29 September 1967. 5. Item 41 (Awards and Decorations) of his DA Form 20 does not show award of the Purple Heart or Bronze Star Medal with "V" Device. 6. General Orders Number 178 issued by Headquarters, 1st Brigade, 101st Airborne Division on 29 January 1968 awarded him the Bronze Star Medal with "V" Device for heroism in connection with military operations against a hostile force on 27 September 1967. The narrative states the applicant was wounded, treated and medically evacuated only after his wounded comrades had been treated. 7. General Orders Number 73 issued by Headquarters, 8th Field Hospital on 2 October 1967 awarded him the Purple Heart for wounds received in connection with military operation against a hostile force on 29 September 1967. 8. The applicant was discharged on 21 December 1970. His DD Form 214 shows he entered active duty on 28 December 1966 and that he completed 2 years, 7 months, and 27 days of total active service, of which 1 year was credited as foreign service. Item 27 (Remarks) shows he had 197 days time lost before normal ETS and 315 days time lost after normal ETS. This form also shows he was awarded the: * National Defense Service Medal * Parachutist Badge * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Combat Infantryman Badge * Army Commendation Medal with "V" Device * Purple Heart * Expert Marksmanship Qualification Badge with Rifle Bar (M-60) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) 9. His name is shown twice on the Vietnam casualty roster as having sustained an injury as a result of hostile action. Once due to a punji stick wound on 5 September 1967 and once for an artillery/mortar wound on 29 September 1967. 10. A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the U.S. Army Human Resources Command Military Awards Branch, failed to reveal any Purple Heart orders for the applicant. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal 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. Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations. 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 his service in Vietnam, participation credit was awarded for the following four campaigns: * Vietnam Counteroffensive Phase III (1 June 1967 – 29 January 1968) * Tet Counteroffensive (30 January – 1 April 1968) * Vietnam Counteroffensive Phase IV (2 April – 30 June 1968) 2. 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. Paragraph 6d states Department of the Army General Order Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam, and its subordinate units for the period 20 July 1965 to 28 March 1973. 3. Army Regulation 600-8-22 (Military Awards), paragraph 2-8, states the Purple Heart is awarded to members of the Armed Forces of the United States who, while serving under the authority with any of the U.S. Armed Services, have been wounded, were killed, or who have died or may hereafter die of wounds received as a result of hostile enemy action. The wound, injury, or death must have been the result of hostile enemy action, the wound or injury must have required treatment, not merely examination, by a medical officer or a medical professional, provided a medical officer include a statement in the service member's medical record that the wounds would have required treatment by a medical officer if one had been available. Additionally, treatment of the wound will be documented in the service member's medical and/or health record. 4. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. 5. Army Regulation 600-2 (Name and Birth Data, Social Security Account Number, and Temporary Identification Number), effective 1 July 1969, announced the use of the social security number (SSN) in lieu of military service numbers. 6. Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. DISCUSSION: 1. Evidence shows the applicant enlisted in the RA on 31 December 1966 not 28 December 1966 as listed on his DD Form 214. There is no bar to correcting his DD Form 214 to correct the date he entered active duty and to adjust his net active service by three days. 2. General orders confirm he was awarded the Bronze Star Medal with "V" Device. This award is not listed on his DD Form 214. 3. The record shows the applicant participated in three campaigns during his service in the Republic of Vietnam. However, the Vietnam Service Medal listed on his DD Form 214 reflects no bronze service stars. It does not reflect three bronze service stars to indicate his campaign participation. 4. General orders awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment, which is not listed on his DD Form 214. 5. With regard to his request for the Purple Heart (3rd Award), evidence shows he was wounded once due to a punji stick wound on 5 September 1967 and once for an artillery/mortar wound on 29 September 1967. The evidence of record does not show he was wounded a third time, nor that he met the criteria for award of a third Purple Heart. However, his records do indicate that he met the criteria for award of the Purple Heart (2nd Award), and his DD Form 214 does not reflect this second award. 6. With regard to adding the applicant's military service number to his DD Form 214, effective 1 July 1969, the applicable regulation announced the use of the SSN in lieu of military service numbers. 7. The applicant requests his time lost before and after his normal ETS be corrected; however, he offers no explanation of what he believes is incorrect. In the absence of evidence to the contrary, the presumption of administrative regularity must be applied. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170000191 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170000191 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2