IN THE CASE OF: BOARD DATE: 4 January 2019 DOCKET NUMBER: AR20170009570 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 4 January 2019 DOCKET NUMBER: AR20170009570 APPLICANT'S REQUEST AND STATEMENT: 1. The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), for the period ending 16 October 1970, to show he was awarded the Purple Heart and the Republic of Vietnam Campaign Medal with Device (1960). 2. The applicant states he was injured in the Republic of Vietnam on 20 November 1967; consequently, he was awarded the Purple Heart. His DD Form 214 does not show this award or the Republic of Vietnam Campaign Medal with Device (1960), which he was authorized for his combat service. THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records with supporting document(s): * DD Form 214, for the period ending 16 October 1970 * DA Form 20 (Enlisted Qualification Record) * DA Form 8-275-3 (Clinical Record Cover Sheet) 2. Evidence from the applicant’s service record and Department of the Army and Department of Defense records and systems: * DD Form 4 (Enlistment Record – Armed Forces of the United States) * Special Orders Number 125, issued by Headquarters, Fort Polk, LA on 16 May 1967 * Special Orders Number 146, issued by Headquarters, Fort Polk, LA on 7 June 1967 REFERENCES: 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. 2. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Purple Heart is awarded for a wound sustained while in action against an 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. b. There are three basic requirements for award of the Combat Infantryman Badge. The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat. c. A bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in. Appendix B of this regulation shows that the Vietnam Counteroffensive Phase III campaign occurred from 1 June 1967 to 29 January 1968. d. 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. Also eligible for this award are individuals who qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and served for less than six months of service but: * were wounded as a result of hostile action * were captured by hostile forces but later escaped or were rescued or released * were killed in action or otherwise in line of duty 3. Army Regulation 600-200 (Enlisted Personnel Management System), chapter 9 of the version in effect at the time, stated a brief description of wounds or injuries received through hostile or enemy action, and which required medical treatment, would be entered in item 40 (wounds) of the DA Form 20. This regulation further stated that the date the wound or injury occurred would also be placed in item 40. 4. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units that served in Vietnam. This pamphlet shows that during the applicant's period of assignment to the 1st Battalion, 27th Infantry Regiment, the unit was cited in Department of the Army General Orders for the: * Republic of Vietnam Gallantry Cross with Palm Unit Citation for service during the period January 1966 through August 1968 * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service during the period 1 January 1966 through 21 January 1970 DISCUSSION: 1. While 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 6 March 1967. Following the completion of his initial entry training, he was awarded military occupational specialty (MOS) 11C (Indirect Fire Infantryman). 3. The applicant's DA Form 20 shows in: a. item 31 (Foreign Service), he served in the Republic of Vietnam from on or about 31 July through on or about 29 November 1967; b. item 38 (Record of Assignments), he was assigned to the 1st Battalion, 27th Infantry Regiment during his period of service in the Republic of Vietnam, where he served in MOS 11C; c. he was reassigned to the Medical Holding Detachment, 106th General Hospital, Japan, in a patient status; and d. item 40 (Wounds), he received a fragment wound to his left hand on 19 November 1967. 4. The applicant was released from active duty and transferred to the U.S. Army Reserve on 16 October 1970. His DD Form 214 shows he was awarded or authorized the National Defense Service Medal, Vietnam Service Medal, and Marksman Marksmanship Qualification Badge with Rifle Bar. 5. The applicant provides a DA Form 8-275-3 that shows he was hit by a friendly bomber strike that occurred at approximately 0500 hours on 20 November 1967, during a fire fight with a Viet Cong element. This form further shows he was awarded the Purple Heart by General Orders Number 217, dated 22 November 1967, issued by the 12th Evacuation Hospital, APO 96353. The Purple Heart is not shown on his DD Form 214. 6. The applicant served in a single campaign during his service in the Republic of Vietnam. His DD Form 214 shows he was authorized the Vietnam Service Medal; however, it does not show a corresponding bronze service star in recognition of his campaign participation. 7. The applicant served a qualifying period of service for the Republic of Vietnam Campaign Medal with Device (1960); however, this foreign service award is not shown on his DD Form 214. 8. Department of the Army General Orders awarded his unit of assignment the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, during the period in which the applicant was assigned. These unit awards are not shown on his DD Form 214. 9. The applicant's available record is void of orders that show he was awarded the Combat Infantryman Badge. However, his record shows he served in an infantry MOS in an infantry organization, and his Purple Heart orders suggest a certain level of engagement with the enemy in active ground combat. 10. Special orders issued by Headquarters, Fort Polk, LA show he was awarded the Expert Marksmanship Qualification Badge with Pistol Bar and the Sharpshooter (known as first class gunner at the time) Marksmanship Qualification Badge with Mortar Bar. These marksmanship badges are not shown on his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160005706 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170009570 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2