IN THE CASE OF: BOARD DATE: 03 October 2018 DOCKET NUMBER: AR20170004058 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: 03 October 2018 DOCKET NUMBER: AR20170004058 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 Vietnam Service Medal and the Purple Heart and b. adding to his DD Form 214 – * Purple Heart (2nd Award) * 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: 03 October 2018 DOCKET NUMBER: AR20170004058 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 Report of Transfer or Discharge) to show: * Silver Star * Bronze Star Medal with "V" Device (2nd Award) * Purple Heart (2nd Award) * Combat Infantryman Badge * Republic of Vietnam Campaign Medal with Device (1960) * Vietnam Service Medal * National Defense Service Medal 2. The applicant states when he initially requested his DD Form 214, he noticed his Silver Star and Purple Heart (2nd Award) were missing. He was evacuated from Vietnam in 1968 due to life threatening wounds received in combat. He claims he received the Silver Star and his first Purple Heart in a ceremony at the hospital in Da Nang, Vietnam, with Colonel C______. 3. The applicant provides: * DD Form 214 * a statement * 4 pages of email * a photograph 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 enlisted in the Regular Army on 9 August 1965. He was honorably discharged to accept a commission on 12 October 1966. The DD Form 214 he was issued shows he was awarded or authorized the: * National Defense Service Medal * Army Good Conduct Medal * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) * Marksman Marksmanship Qualification Badge with Pistol Bar (.45 caliber) 3. The applicant was commissioned as an officer in the U.S. Army Reserve and he entered active duty on 13 October 1966. 4. Evidence shows the applicant served in the Republic of Vietnam for the period 23 October 1967 to 25 April 1968. While in the Republic of Vietnam he served with Company B, 3rd Battalion, 21st Infantry Regiment from 25 October 1967 to 14 January 1968; with Headquarters and Headquarters Company, 3rd Battalion, 21st Infantry Regiment from 15 January to 14 February 1968 and with Company D, 2nd Battalion, 21st Infantry Regiment from 15 February to 25 April 1968. 5. The applicant's DA Form 66 (Officer Qualification Record) does not show he was awarded the Silver Star; however, it does show award of the Bronze Star Medal with "V" Device (2nd Award) and the Purple Heart (2nd Award). 6. The applicant's name is listed on the Vietnam Casualty Roster for wounds he received in combat on 23 November 1967. 7. General Orders Number 495 issued by Headquarters, Americal Division on 3 February 1968 awarded the applicant the Bronze Star Medal with "V" Device for his actions on 23 November 1967. 8. General Orders Number 13 issued by Headquarters, U.S. General Leonard Wood Army Hospital, on 6 May 1968 awarded him the Purple Heart for wounds he received in connection with military operations against a hostile force on 14 April 1968. 9. He was honorably released from active duty on 15 August 1968. His DD Form 214 does not show he was awarded the Silver Star. His DD Form 214 shows he was awarded or authorized the: * National Defense Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Vietnam Service Medal * Combat Infantryman Badge * Purple Heart * Bronze Star Medal with "V" Device (2nd Award) 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 Military Awards Branch of the U.S. Army Human Resources Command failed to reveal any Silver Star or Purple Heart orders for the applicant. 11. The applicant provides: a. A copy of a statement from the commanding officer, Company B, 3rd Battalion, 21st Infantry Regiment in which he recommended the applicant for award of the Silver Star for his actions on 23 November 1967. b. A 4-page email submission in which the applicant requests witness statements from two former comrades who attest to remembering the applicant receiving the Silver Star and the Purple Heart in a ceremony held at the Da Nang Hospital, Vietnam. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states: a. The Silver Star is awarded for gallantry in action against the enemy. The required gallantry (spirited and conspicuous acts of heroism and courage) must have been performed with marked distinction. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. b. a bronze service star is authorized with the Vietnam Service Medal for each Republic of Vietnam campaign a member is credited with participating in. Appendix B shows that during his service in the Republic of Vietnam, participation credit was awarded for the following three campaigns: * Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968) * Tet Counteroffensive (30 January 1968 - 1 April 1968) * Vietnam Counteroffensive Phase IV (2 April 1968 - 30 June 1968) 2. Title 10 of the U.S. Code, section 1130 (10 USC 1130), provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion. Upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award of or upgrading of a decoration. Based upon such review, the Secretary shall determine the merits of approving the award. a. The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to: Commander, U.S. Army Human Resources Command, ATTN: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122. The unit must be clearly identified, along with the period of assignment and the recommended award. A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638. b. Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents. Supporting evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the facts relative to the request. The burden and costs for researching and assembling supporting documentation rest with the applicant. 3. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), paragraph 6d, states that Department of the Army General Orders 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. 4. 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 will decide cases on the evidence of record. It is not an investigative body. 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. The applicant's name is listed on the Vietnam Casualty Roster for wounds he received in combat on 23 November 1967. Additionally, orders awarded him the Purple Heart for wounds he received in connection with military operations against a hostile force on 14 April 1968. The evidence supports correction of his record to show he was awarded the Purple Heart (2nd Award). 2. The evidence of record shows he received the Bronze Star Medal with "V" Device for his actions on 23 November 1967. There is no evidence in the available records that shows he was awarded the Silver Star. a. The Silver Star is the third highest award for valor, which requires gallantry in action against the enemy. The gallantry (spirited and conspicuous acts of heroism and courage) must have been performed with marked distinction. b. The governing Army regulation states for personal decorations (which include the Silver Star) formal recommendation, approval through the chain of command, and announcement in orders are required. c. A recommendation to deny relief on this issue will in no way affect the applicant's right to pursue his claim for the Silver Star by submitting a request through his Member of Congress under the provisions of 10 USC 1130. 3. The evidence of record confirms that based on the applicant's service and campaign participation in the Republic of Vietnam, he is entitled to three bronze service stars for wear with his previously-awarded Vietnam Service Medal. 4. The applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170004058 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170004058 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2