ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 6 June 2019 DOCKET NUMBER: AR20170008813 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show all authorized awards and decorations. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Purple Heart Certificate * Army Commendation Medal Certificate * Vietnam Combat Certificate * Honorable Discharge Certificated dated 1 July 1973 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states he would like his awards and decorations documented on his DD Form 214. It is required for his request to receive benefits through the Department of Veteran Affairs (VA). Specifically he list awards of the Army Commendation Medal, Purple Heart, Vietnam Combat Certificate, and Air Medal. 3. The applicant provides: a. A Purple Heart Certificate for wounds received in action. The information contained on the certificate is illegible. No orders accompanied this certificate. b. An Army Commendation Medal Certificate, dated 11 November 1968, for meritorious service during the period of December 1967 to December 1968 in the Republic of Vietnam. No orders accompanied this certificate. c. A Vietnam Combat Certificate for faithfully serving his country with Company A, 1st Battalion, 8th Cavalry, 1st Cavalry Division (Airmobile), in the Republic of Vietnam for the period of December 1967 to December 1968. d. An Honorable Discharge Certificate with an effective date of 1 July 1973. 4. The applicant's military records are not available to the Board for review. However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case. This case is being considered using reconstructed records, which primarily consist of a DD Form 214 and his supporting documents. a. He was inducted into the Army of the United States on 6 July 1967. b. He served in Vietnam from December 1967 to December 1968. He was assigned to Company A, 1st Battalion, 8th Cavalry of the 1st Cavalry Division (Airmobile) as an 11B (Light Weapon Infantryman). c. He was honorably released from active duty on 3 July 1969 and transferred to the U.S. Army Reserves. His DD Form 214 shows he completed 1 year, 11 months, and 28 days of active service. It also shows he was awarded or authorized: * National Defense Service Medal * Expert Marksmanship Qualification Badge with Rifle Bar d. The applicant’s record is void of documentation awarding him the Air Medal, Purple Heart, and/or Army Commendation Medal. 5. By regulation (AR 600-8-22), the criteria for an award of the Purple Heart requires the submission of substantiating evidence to verify: * the injury/wound was the result of hostile action * the injury/wound must have required treatment by personnel * the medical treatment must have been made a matter of official record 6. By regulation (AR 600-8-2) award of the Army Commendation Medal and Air Medal require a formal recommendation, approval through the chain of command, and announcement in orders. 7. By regulation (AR 600-8-22) only federally recognized awards are entered on the DD Form 214. The Vietnam Combat Certificate is not an approved award. 8. Department of the Army General Order (DAGO) Number 37, dated 1970, awarded the Meritorious Unit Commendation to 1st Cavalry Division for the period of 1 September 1967 to 31 October 1968. 9. Department of the Army General Orders Number 59, dated 1969, awarded the Republic of Vietnam Gallantry Cross Unit Citation with Palm to 1st Battalion, 8th Cavalry, for service in Vietnam for the period of 1 August 1965 to 19 May 1969. 10. Army Regulation (AR) 600-8-22 (Military Awards) states a. 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. A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign. b. The Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973. Qualifying service included assignment in Vietnam for 6 months or more. 11. By regulation, (AR 635-5) list awards and decorations for all periods of service in the priority sequence specified in AR 600-8-22. AR 600-8-22 gives the order of precedence for awards and decorations. Only decorations, medals, and ribbons are listed. Certificates of achievement, letters of appreciation, and similar documents are not listed. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined that partial relief was warranted. Based upon the documentary evidence presented by the applicant and found within the military service record, the Board determined that the Vietnam Service Medal with four bronze service stars should be on the applicant’s DD Form 214 and is not; therefore, the Board recommended making that change to correct the record. However, the Board found insufficient documentary evidence to show that the applicant was previously awarded or was eligible to receive the Purple Heart, the Army Commendation Medal or the Air Medal. For that reason, the Board recommended denying those portions of the request. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF X X X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 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 Army records of the individual concerned be corrected by amending the applicant’s DD Form 214 by adding the Vietnam Service Medal with four bronze service stars. 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 awarding and adding the Purple Heart, the Army Commendation Medal and the Air Medal. 3. Prior to closing the case, the Board noted the administrative notes below from the analyst of record and recommended those changes also be completed to more accurately depict the military service of the applicant. 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. ADMINISTRATIVE NOTE(S): A review of the applicant’s records shows he is authorized additional awards not annotated on his DD Form 214. As a result, amend his DD Form 214 to show the following: * Republic of Vietnam Campaign Medal with Device (1960) * Republic of Vietnam Gallantry Cross with Palm Unit Citation REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation (AR) 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained while in action against and enemy or as a result of hostile 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. a. Examples of enemy-related injuries which clearly justify award of the Purple Heart are as follows: injury caused by enemy bullet, shrapnel, or other projectile created by enemy action; injury caused by enemy placed mine or trap; injury caused by enemy released chemical, biological, or nuclear agent; injury caused by vehicle or aircraft accident resulting from enemy fire; and/or concussion injuries caused as a result of enemy generated explosions. b. Examples of injuries or wounds which clearly do not justify award of the Purple Heart are as follows: frostbite or trench foot injuries; heat stroke; food poisoning not caused by enemy agents; chemical, biological, or nuclear agents not released by the enemy; battle fatigue; disease not directly caused by enemy agents; accidents, to include explosive, aircraft, vehicular, and other accidental wounding not related to or caused by enemy action; self-inflicted wounds, except when in the heat of battle and not involving gross negligence; post-traumatic stress disorders; and/or jump injuries not caused by enemy action. 3. U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) stated the authority to award the Purple Heart was delegated to hospital commanders. It directed that all personnel treated and released within 24 hours would be awarded the Purple Heart by the organization to which the individual was assigned. Personnel requiring hospitalization in excess of 24 hours or evacuation from Vietnam would be awarded the Purple Heart directly by the hospital commander rendering treatment. 4. AR 600-200 (Enlisted Personnel Management System), chapter 9, stated a brief description of wounds or injuries (including injury from gas) requiring medical treatment received through hostile or enemy action, including those requiring hospitalization would be entered in item 40 of the DA Form 20. This regulation further stated the date the wound or injury occurred would also be placed in item 40. 5. AR 600-8-22 also states: a. The Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. b. The Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight. This award is primarily intended for personnel on flying status but may also be awarded to those personnel whose combat duties require them to fly; for example, personnel in the attack elements of units involved in air-land assaults against an armed enemy. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. 6. AR 600-8-22 (Military Awards) states: a. 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 will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign. b. The Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973. Qualifying service included assignment in Vietnam for 6 months or more. 7. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict, the Grenada Operation, and the period of service subsequent to the Vietnam Conflict up to September 1987. Department of the Army General Order (DAGO) Number 59, dated 1969, awarded the Republic of Vietnam Gallantry Cross Unit Citation with Palm for service in Vietnam to 1st Battalion, 8th Cavalry, for the period of 1 August 1965 to 19 May 1969 ABCMR Record of Proceedings (cont) AR20170008813 5 1