ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 30 September 2019 DOCKET NUMBER: AR20170009288 APPLICANT REQUESTS: * correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the: * Bronze Star Medal (BSM) * Distinguished Flying Cross (DFC) * Purple Heart (PH) * all awards for his service in Vietnam * a personal appearance before the Board APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * attached statement 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 (ABCMR) 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 was unaware this process existed. He experienced systemic racism at all levels in his unit and these medals were intentionally withheld from him. Other non-black members of his unit received many medals and decorations they were not eligible for. So many times he had to witness white members of his unit receive awards for actions they were never in, while similar awards were denied to him, when he earned them. His company commander was posthumously awarded the Silver Star after he was killed in action. He was supposed to receive the BSM for the same incident; however, it was immediately pulled by his racist commander. This injustice has never left him and he feels he has earned and deserves these awards. 3. Review of the applicant’s service record shows: a. He enlisted in the Regular Army on 10 November 1966. b. His DA Form 20 (Enlisted Qualification Record) contains the following information in: * Item 22 (Military Occupational Specialties (MOS)) – he was awarded primary MOS 71L (Administrative Specialist) and secondary MOS 96B (Intelligence Analyst) on 21 August 1968 * Items 31 (Foreign Service) and 38 (Record of Assignment) – he served in Vietnam from 27 April 1967 to 23 April 1968 and was assigned to: * 614th Military Intelligence (MI) Detachment, from 27 April to 2 June 1967, and served in MOS 71B (Clerk Typist) * 525th MI Group, from 3 June 1967 to 20 April 1968, and served in MOS’s 71B and 96B * Item 40 (Wounds) – no indication he was wounded in action during his period of service * Item 41 (Awards and Decorations) – no entry for the BSM, DFC, and PH; however, item 41 lists the following awards not shown on his DD Form 214 * Vietnam Service Medal with one bronze service star * Combat Infantryman Badge, issued by Special Orders Number 86, on 26 March 1968 c. He was honorably released from active duty on 7 November 1969 and was transferred to the U.S. Army Reserve Control Group. His DD Form 214 shows he completed 2 years, 11 months, and 28 days of active service, of which 11 months and 17 days was foreign service. This forms also shows he was awarded/authorized the: * National Defense Service Medal * Combat Infantryman Badge * Vietnam Service Medal * Vietnam Campaign Medal d. There are no available orders authorizing or awarding him a BSM, DFC, and PH during his period of service. His records also contains no medical treatment records that indicate he was ever treated for a combat related wound or injury during his service. e. His name is not listed on the Vietnam Casualty Roster. A review of the Awards and Decorations Computer Assisted Retrieval System maintained by the U.S. Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal any orders for the BSM, DFC, and PH for the applicant. f. Evidence indicates he is eligible for award of four bronze service stars to be affixed to his Vietnam Service Medal. Additionally, his unit was awarded the Meritorious Unit Commendation, and Republic of Vietnam Gallantry Cross with Palm Unit Citation, for his period of service in Vietnam. 4. By regulation (AR 600-8-22), the: a. BSM is awarded in time of war for heroism and for meritorious achievement or service, required a formal recommendation, approval through the chain of command, and announcement in orders. b. DFC is awarded to any person who, while serving in any capacity with the Army of the United States, distinguished himself or herself by heroism or extraordinary achievement while participating in aerial flight and announced in orders. c. 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 5. By regulation (AR 15-185), applicant do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found relief was warranted. The applicant’s contentions were carefully considered. Evidence of record shows he received excellence ratings for conduct and efficiency; however, he was not awarded the Army Good Conduct Medal. He was awarded the VSM; however, the bronze service stars were not listed. All members assigned to U.S. Army Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation; however, it is not shown on his DD Form 214. The applicant’s record is void of evidence that shows he is entitled to the Purple Heart. He did not provide witness statements, medical records, nor any other information showing he was wounded by enemy forces. His record is void of evidence that shows he was recommended for and awarded the DFC or the BSM. The applicant may not recommend himself for awards. While the available evidence is insufficient for awarding the applicant the DFC and BSM, this in no way affects his right to pursue his claim to the awards by submitting a request through his Member of Congress under the provisions of 10 USC 1130. 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 the Army records of the individual concerned be corrected by awarding him the Army Good Conduct Medal (1st Award) for exemplary service from 10 November 1966 to 7 November 1969, and amending block 24 on his DD Form 214 for the period ending 7 November 1969 by: a. deleting the Vietnam Service Medal b. adding the following: * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with 3 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 awarding the Purple Heart, DFC, and BSM. 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. REFERENCES: 1. Title 10, U.S. Code (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 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), in effect at the time, prescribed Army policy, criteria, and administrative instructions concerning individual and unit military awards. The regulation stated the: a. Bronze Star Medal was awarded to any person who, while serving in any capacity in or with the Army of the United States after 6 December 1941, distinguished himself or herself by heroic or meritorious achievement or service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders were required. b. Distinguished Flying Cross was awarded to any person who, while serving in any capacity with the Army of the United States, distinguished himself or herself by heroism or extraordinary achievement while participating in aerial flight. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders were required. c. Purple Heart was 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 had required treatment by medical personnel, and the medical treatment must had been made a matter of official record. (1) 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. (2) 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. d. A bronze service star was 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: * Vietnam Counteroffensive, Phase II, 1 July 1966 to 31 May 1967 * Vietnam Counteroffensive, Phase III, 1 June 1967 to 29 January 1968 * TET Counteroffensive, 30 January 1968 to 1 April 1968 * Vietnam Counteroffensive, Phase IV, 2 April 1968 to 30 June 1968 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. 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 does not show his unit, the 525th Military Intelligence Group, was cited for award of the Meritorious Unit Commendation, for the period from 1 December 1967 to 30 November 1968, by DA General Orders (DAGO) Number 39, dated 1970. 5. DAGO Number 8, dated 1974, authorized award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army, Vietnam and all subordinate units for the period from 20 July 1965 to 28 March 1973. 6. Title 10, USC, section 1130 provides the legal authority for consideration of proposals for decorations not previously submitted in timely fashion. It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation. Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration. 7. The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to the Secretary of the Army at the following agency: U.S. Army Human Resources Command, ATTN: SGS, 1600 Spearhead Division Avenue, Fort Knox, KY 40122. The applicant's unit must be clearly identified, along with the period of assignment and the award being recommended. A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638. Requests for consideration of awards should be supported by sworn affidavits, eyewitness statements, certificates, and related documents. Corroborating evidence is best provided by commanders, leaders and fellow Soldiers who had personal knowledge of the circumstances and events relative to the request. The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rest with the requestor. 8. AR 600-200 (Enlisted Personnel Management System), in effect at the time, stated a brief description of wounds or injuries requiring medical treatment received through hostile or enemy action, including those requiring hospitalization would be entered in item 40 of the DA Form 20 (Enlisted Qualification Record). Item 40 would also list the date the wound or injury occurred. 9. AR 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, which is that what the Army did was correct. a. The ABCMR is not an investigative body and decides cases based on the evidence that is presented in the military records provided and the independent evidence submitted with the application. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. b. The ABCMR may, in its discretion, hold a hearing or request additional evidence or opinions. Additionally, it states in paragraph 2-11 that applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. NOTHING FOLLOWS ABCMR Record of Proceedings (cont) AR20170009288 5 1