BOARD DATE: 24 October 2018 DOCKET NUMBER: AR20170004674 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 BOARD DATE: 24 October 2018 DOCKET NUMBER: AR20170004674 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 the entry in item 22c (Foreign and/or Sea Service) of his DD Form 214 and adding the entry, "1 6 27." 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 Combat Infantryman Badge and the Purple Heart. _____________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. BOARD DATE: 24 October 2018 DOCKET NUMBER: AR20170004674 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 award of the Combat Infantryman Badge (CIB) and Purple Heart (PH). He also requests correction of item 22c (Foreign and/or Sea Service) to show his time spent in the Republic of Vietnam. 2. The applicant states, in effect, his DD Form 214 is incorrect. 3. The applicant provides: * DD Form 214 * 2 DD Forms 215 (Correction to DD Form 214) * 4 self-authored statements * 28 page unit history * a news clipping 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 23 March 1966. He completed training and he was awarded military occupational specialty (MOS) 71A (Clerk). 3. On 31 March 1967, MOS 71A was withdrawn and he was awarded MOS 11B (Light Weapons Infantryman). 4. Evidence shows he served in the Republic of Vietnam from 19 September 1966 to 14 April 1968, a period of 1 year, 6 months and 27 days. He served with Headquarters and Headquarters Detachment, 223rd Aviation Battalion from 28 September 1966 to 1 January 1967 as a personnel specialist and with the 155th Aviation Company from 2 January 1967 to 10 April 1968 as a door gunner. 5. Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) does not show he served with an infantry unit of brigade, regimental or smaller size. Item 40 (Wounds) is blank. The CIB and PH are not included in the list of awards contained in item 41 (Awards and Decorations) and the applicant's Military Personnel Records Jacket is void of orders or any other documents that indicate he was recommended for or awarded the CIB or PH during his active duty tenure. 6. On 21 January 1969, he was honorably released from active duty. The DD Form 214 he was issued at the time shows in item 22c the entry "USARPAC 0 11 26" which means he served in the U.S. Army Pacific Theater for 11 months and 26 days. This form further shows he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Air Medal * Aircraft Crewman Badge 7. On 23 May 2006, his DD Form 214 was corrected by DD Form 215 by deleting the Vietnam Service Medal and adding to his DD Form 214 the Vietnam Service Medal with 3 bronze service stars and the Army Good Conduct Medal. 8. On 24 October 2016, his DD Form 214 was corrected by DD Form 215 by deleting the Air Medal and adding to his DD Form 214 the Air Medal with "V" Device and Numeral 8, the Expert Marksmanship Qualification Badge with Rifle Bar and the Republic of Vietnam Gallantry Cross with Palm Unit Citation. 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 the CIB or PH pertaining to the applicant. 10. The applicant provides: a. A self-authored statement in which he claims on or about 14 November 1967, while serving with the 155th Assault Helicopter Company, his helicopter was hit by enemy fire and crash landed. While taking cover, he discovered he had received a large laceration on his left leg. After returning to Bac Loc, he was treated by an Army combat medic. While being treated, he was given a spot award of the PH by an officer of the unit they were supporting. b. A statement from a former comrade who claims he served with the applicant as a member of the 155th Assault Helicopter Company, gun platoon in 1967. Their job was to give cover supporting the infantry troops on the ground and exchanged fire with the enemy on a daily basis. Late in 1967, the applicant was shot down and the crew received minor injuries. Other members of the crew remarked how calm the applicant was under pressure while waiting to be picked up. c. A 28 page document entitled, "History of the 155th Assault Helicopter Company, 1 January 1967 – 31 December 1967." The applicant highlights a paragraph which states: "On 14 November the 155th returned to complete their mission in the same area. Two gunships sustained hits from automatic weapons fire and were forced down. Two crewmembers were wounded in action aboard on of the gunships. The damaged aircraft were recovered the following day." d. A news clipping in which the applicant was highlighted in an article that mentioned that the applicant had been lucky, having incurred only a minor wound or so, despite the danger of riding a gunship in the savage fighting in Vietnam. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states: a. The PH 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 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. b. The CIB is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS. They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size. Additionally, Appendix V of U.S. Army Vietnam Regulation 672-1 (Awards and Decorations) states that during the Vietnam era the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H. 2. 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. It stated for item 22c, enter the total period of active duty served outside of the continental limits of the United States for the period covered by the DD Form 214 and to enter the last overseas theater (e.g., USARPAC) in which the service was performed. 3. 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 considers individual applications that are properly brought before it. 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. In order to support award of the Purple Heart, the member must have been wounded in action and there must be evidence the wound for which the award is being made was received as a result of enemy action. The wound must have required medical treatment by military medical personnel and this medical treatment must have been made a matter of official record. 2. The applicant’s name is not shown on the Vietnam Casualty Roster, his complete medical records are not available for review with this case, and his service record is void of orders that show he was awarded the Purple Heart. There is no conclusive evidence in his service personnel record that shows he was wounded or injured as a result of hostile action or treated for such wounds. 3. In order to qualify for award of the CIB, there must be evidence not only that the member held and served in an infantry MOS with a qualifying infantry unit, but also that he was present and personally participated with his qualifying infantry unit while it was engaged in active ground combat with enemy forces. 4. Evidence shows the applicant served in the Republic of Vietnam from 19 September 1966 to 14 April 1968, a period of 1 year, 6 months and 27 days. However, his DD Form 214 shows he served 11 months and 26 days foreign service. It is apparent a mathematical error occurred while computing his foreign service. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170004674 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170004674 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2