IN THE CASE OF BOARD DATE: 19 September 2018 DOCKET NUMBER: AR20170002992 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: AR20170002992 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: * awarding him the Army Good Conduct Medal (1st Award) for his period of service from 26 May 1969 to 13 April 1971 * deleting from his DD Form 214 the Vietnam Service Medal * adding to this form the: * Bronze Star Medal * Air Medal * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with two 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 award of the Purple Heart 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: 19 September 2018 DOCKET NUMBER: AR20170002992 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 the following: * correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his award of the Bronze Star Medal and Air Medal * award of the Purple Heart 2. The applicant states he is enclosing copies of his Air Medal and Bronze Star Medal orders and citations. In effect, he also wants to be awarded the Purple Heart. During his period of service in Vietnam, he was told it was requested that he be awarded the Purple Heart. He believes the paperwork was misplaced. He wants to show his children the true meaning of the sacrifice their father went through to earn the Purple Heart. 3. The applicant provides copies of the following: * General Orders (GO) Number 1991 and 2160 * Bronze Star Medal and Air Medal Citations * DD Form 214 * Letter of Support 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 26 May 1969 and he held military occupational specialty 11B (Light Weapons Infantryman). 3. His DA Form 20 (Enlisted Qualification Record) contains the following information: a. Items 31 (Foreign Service) and 38 (Record of Assignments) show he served in Vietnam from 10 May 1970 to 12 April 1971, during two campaigns, and was assigned to the following units: * Company B, 2nd Battalion (Airmobile), 501st Infantry, 101st Airborne Division, from 25 May to 21 July 1970 * Company D, 2nd Battalion (Airmobile), 501st Infantry, 101st Airborne Division, from 22 July 1970 to 8 April 1971 b. He received "excellent" conduct and efficiency ratings throughout his period of service; there is no evidence of a commander's disqualification for award of the Army Good Conduct Medal (1st Award) during his period of service. c. Items 40 (Wounds) and 41 (Awards and Decorations) show no entries indicating he was wounded/injured as a result of enemy action nor any other entries showing he was authorized award of the Purple Heart. 4. He provides a copy of GO Number 1991, issued by Headquarters, 101st Airborne Division (Airmobile) on 8 March 1971, which awarded him the Bronze Star Medal for meritorious service in Vietnam from May 1970 to March 1971. He also provides a copy of the resulting Citation. 5. His records contain and he further provides a copy of GO Number 2160, issued by Headquarters, 101st Airborne Division (Airmobile) on 13 March 1971, which awarded him the Air Medal for meritorious achievement while participating in aerial flight in Vietnam from 1 March 1970 to 1 January 1971. He also provides a copy of the resulting Citation. 6. He was honorably released from active duty, in the rank/grade of Sergeant (SGT)/E-5, on 13 April 1971. His DD Form 214 shows he completed 1 year, 10 months, and 12 days of active service. His DD Form 214 also shows: * Item 22c (Foreign And/Or Sea Service) – 11 months and 3 days and the entry USARPAC (U.S. Army Pacific) * Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – * National Defense Service Medal * Vietnam Service Medal * Combat Infantryman Badge * Army Commendation Medal * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) 7. His records contain no medical treatment records that indicate he was ever treated for a combat related wound or injury during his service in Vietnam. 8. A review of the Vietnam Casualty Roster failed to reveal an entry pertaining to the applicant. 9. 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. 10. He provides a letter, dated 31 October 2016, wherein the former commander, Company D, 501st Infantry, 101st Airborne Division, stated the applicant was wounded on 17 July in Vietnam. The applicant was part of a rear party that remained behind to detonate excess ammunition. While the applicant sat on a trail with the remainder of the platoon, a Vietnamese Hoi Chanh scout threw a hand grenade toward the company, killing two Soldiers. The applicant had been siting directly behind one of those Soldiers and he was struck in the left elbow and eyelid by shrapnel from the same grenade. The second platoon medic treated the applicant and he did not require medical evaluation or further treatment. To the best of his memory, the applicant was wounded and should have been reported as worthy of award of the Purple Heart. REFERENCES: 1. Army Regulation (AR) 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual 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. (1) When contemplating an award of this decoration, 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 prerequisite, but is not the sole justification for the award. (2) An example of enemy-related injuries, which clearly justify award of the Purple Heart is an injury caused by enemy bullet, shrapnel, or other projectile created by enemy action or an injury caused by an enemy placed mine or trap. (3) Any member of the Army who believes that they are eligible for the Purple Heart but, through unusual circumstances no award was made, must submit an application and include documentation pertaining to the wound and inflicting force. Statements from at least two individuals (notarized) who were personally present, observed the incident, and have direct knowledge of the incident. Alternatively, other official documentation may be used to corroborate the narrative. (4) Each approved award of the Purple Heart must exhibit all of the following factors: wound, injury, or death must have been the result of enemy action, the wound or injury must have required treatment, not merely examination, by a medical officer. Additionally, treatment of the wound will be documented in the Service member's medical and/or health record. b. A bronze service star is awarded for wear on the Vietnam Service Medal for participation in each campaign. During the applicant’s service in Vietnam, campaign participation credit was awarded for: * DA Sanctuary Counteroffensive, 1 May 1970—30 June 1970 * Vietnam Counteroffensive, Phase VII, 1 July 1970—30 June 1971 2. AR 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct medal 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-marital. 3. AR 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214. It stated the DD Form 214 would be prepared for all personal at the time of their retirement, discharge, or release from active duty. The regulation stated item 24 would list all awards awarded or authorized during the period covered by the DD Form 214. 4. Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. The pamphlet shows DAGO Number 6, dated 1974, cited his unit, 2nd Battalion, 501st Infantry, for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period from 18 April to 31 August 1971. DISCUSSION: 1. GO awarded the applicant the Bronze Star Medal and Air Medal during his period of service in Vietnam. His DD Form 214 does not lists these awards. 2. The evidence of record shows he received "excellent" conduct and efficiency ratings during his period of active duty, attained the rank/grade SGT/E-5, served in Vietnam, was awarded the Bronze Star Medal and Army Commendation Medal, and completed over 1 year of honorable service. His record does not contain any information that would disqualify him from award of the Army Good Conduct Medal. There is no bar to awarding him the Army Good Conduct Medal (1st Award) for the period of service from 26 May 1969 to 13 April 1971. 3. He was awarded the Vietnam Service Medal and participated in two campaigns during his service in Vietnam. He meets the criteria for award of two 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. This unit award is not listed on his DD Form 214. 5. Further, Item 40 of his DA Form 20 contains no entry and item 41 of this form does not list the Purple Heart. In addition, 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. 6. By regulation, in order to support award of the Purple Heart there must be evidence that the wound for which the award is being made was received as a result of enemy action, that military medical personnel treated the wound, and a record of this medical treatment must have been made a matter of official record. 7. The applicant provided a letter from his company commander stating he was wounded on 17 July when an enemy soldier threw a grenade, which killed two Soldiers and caused the applicant to sustain shrapnel injuries. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170002992 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170002992 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2