ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 22 April 2019 DOCKET NUMBER: AR20170013824 APPLICANT REQUESTS: Correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 3 December 1971 to show: * Air Medal for assaults from 8 January to 22 June 1969 * Combat Infantryman Badge * Purple Heart (2nd Award) * Meritorious Unit Commendation * Vietnam Service Medal * Marksman Marksmanship Qualification Badge with M-60 Machine Gun and Pistol Bars * Sharpshooter Marksmanship Qualification Badge with M-1 Rifle Bar APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Email 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 that after he sustained a combat injury in June 1969 and transferred to the United States, his military service records were not updated and sent to his new command. All of his service records arrived with personal effects to listed U.S. home address. 3. The applicant's request for the Vietnam Service Medal, Marksman Marksmanship Qualification Badge with Pistol and Machine Gun Bars and Sharpshooter Marksmanship Qualification Badge with M-1 Rifle Bar are supported by sufficient evidence. Therefore, they will be administratively corrected and not considered by the Board. The Board will consider the applicant's request for the Air Medal, Combat Infantryman Badge, Purple Heart (2nd Award), and Meritorious Unit Commendation. 4. The applicant enlisted in the Regular Army on 10 December 1962 and was honorably discharged on 7 July 1965 for immediate reenlistment. His DD Form 214 for the period ending 7 July 1965 only shows the Sharpshooter Marksmanship Qualification Badge with M-14 Bar as an authorized award. 5. He reenlisted on 8 July 1965. 6. His DA Form 20 (Enlisted Qualification Record) shows in: * Item 22 (Military Occupational Specialties - MOSs) - he was awarded secondary MOS 11B (Light Weapons Infantryman) on 17 March 1969 * Item 31 (Foreign Service) - he served in Vietnam from 8 January to 22 June 1969 * Item 38 (Record of Assignments) - he served in duty MOS 11B4O as a Platoon Sergeant with Company C, 3rd Battalion, 7th Infantry, 199th Infantry Brigade in Vietnam; he was hospitalized in a patient status from 22 June to 6 July 1969 * Item 40 (Wounds) - one entry indicating he sustained lacerations of his left leg on 13 June 1969 with no other entries shows he was wounded in action * Item 41 (Awards and Decorations) - no entries showing the Air Medal, Combat Infantryman Badge, Purple Heart (2nd Award) or Meritorious Unit Commendation 7. His service record does not contain orders awarding him the Air Medal or flight records to show he participated in 25 air assaults and 25 hours of flight time. 8. Army Regulation 600-8-22 requires service in an infantry MOS in an infantry unit engaged in active ground combat with the enemy for award of the Combat Infantryman Badge. His service record is void of orders awarding him the Combat Infantryman Badge. He served as an infantryman in an infantry unit during his assignment in Vietnam. Also, he sustained a wound as a result of hostile action, which indicates he may have engaged in active ground combat. 9. On 15 June 1969, Headquarters, 199th Infantry Brigade published General Orders Number 990 awarding him the Purple Heart for wounds received in action on 13 June 1969. 10. On 17 June 1969, Headquarters, 29th Evacuation Hospital published General Orders Number 123 awarding him the Purple Heart (First Award) for wounds received in action on 13 June 1969. 11. The Vietnam casualty roster lists his name once indicating he was wounded due to hostile action on 13 June 1969. 12. On 5 April 1989, a DD Form 215 (Correction of DD Form 214) amended his DD Form 214 for the period ending 3 December 1971 to add the Purple Heart. 13. 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 U.S. Army Human Resources Command, failed to reveal any orders awarding the applicant the Air Medal or a second award of the Purple Heart. 14. Army Regulation 600-8-22 directs that, in order to award the Purple Heart, it is necessary to establish that a Soldier was wounded in action, the wound required treatment by medical personnel, and the treatment was made a matter of official record. The applicant's service record is void of medical documents or other evidence which shows he was wounded as a result of hostile action on two separate occasions. 15. His military personnel records do not include orders awarding him the Meritorious Unit Commendation. 16. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) does not show the 3rd Battalion, 7th Infantry Regiment was cited for the Meritorious Unit Commendation. 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 concluded that the following awards show that the applicant either received or was eligible to receive the following awards not currently on his DD Form 214 and should be added to correct his record: * Vietnam Service Medal with three bronze service starts * Marksman Marksmanship Qualification Badge with M-60 Machine Gun and Pistol Bars * Sharpshooter Marksmanship Qualification Badge with M-1 Rifle Bar However, the Board also concluded based upon the documentary review of the record that the following requested awards were not support by sufficient evidence to show he either was awarded or was eligible to receive the following awards: * Air Medal * Combat Infantryman Badge * Purple Heart (2nd Award) * Meritorious Unit Commendation 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 * correcting the applicant's DD Form 214 for the period ending 7 July 1965 by adding the Sharpshooter Marksmanship Qualification Badge with M-1 Rifle Bar. * correcting the applicant's DD Form 214 for the period ending 3 December 1971 by adding: o Vietnam Service Medal with three bronze service stars o Marksman Marksmanship Qualification Badge with Pistol and Machine Gun Bars 2. Prior to closing the case, the Board noted the additional administrative notes below by the analyst of record and recommend 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): Correct the applicant's DD Form 214 for the period ending 3 December 1971 by adding: * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class 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. U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided guidelines for award of the Air Medal. It stated passenger personnel who did not participate in an air assault were not eligible for the award based upon sustained operations. It defined terms and provided guidelines for the award based upon the number and types of missions or hours. Twenty-five Category I missions (air assault and equally dangerous missions) and accrual of a minimum of 25 hours of flight time while engaged in Category I missions was the standard established for which sustained operations were deemed worthy of recognition by an award of the Air Medal. However, the regulation was clear that these guidelines were considered only a departure point. 3. Army Regulation 600-8-22 states there are basically three 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. 4. Army Regulation 600-8-22 states the Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action. Substantiating evidence must be provided to verify 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. ABCMR Record of Proceedings (cont) AR20170013824 0 4 1