ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 23 August 2019 DOCKET NUMBER: AR20180007274 APPLICANT REQUESTS: award of a second Purple Heart (PH), Bronze Star Medal (BSM), Combat Infantryman Badge (CIB), Army Good Conduct Medal (AGCM) and to be promoted to sergeant (SGT)/E-5 APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * self-authored statement * General Order Number 3154, Headquarters, 25th Infantry Division, APO San Francisco 96225 * General Order Number 103, Headquarters, 12th Evacuation Hospital, APO San Francisco 96353 * Special Order Number 364, Headquarters, U.S. Army Training Center, Fort Knox, KY 40121 * DA Form 214 (Report of Transfer or Discharge) * Unit Order Number 22, Company F, 4th Battalion, 1st Training Brigade, U.S. Army Training Center, Fort Knox, KY 40121 * Portion of DA Form 20 (Enlisted Qualification Record) 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: a. He should have been awarded three PHs, but he turned down the first one when he was advised that he was going to be submitted for the award. He believed at the time that other Soldiers with more serious injuries were more deserving. He now believes it to be a stupid mistake of a 19 years old, who had no idea of the problems he would have 20 years later. b. His injury was sustained while he was attending a country orientation course when he arrived in Vietnam. During the training, the area where he was located came under attack with mortars. He had injuries to his knees, which required him to be bandaged up by the medics. He now has problems with both of his knees, but only one has been identified to be service connected. c. On his DD Form 214 it shows that he was injured on 14 April 1968 and 9 May 1968 however, it only shows that he was awarded one PH. d. He was told that 25th Infantry Division did not award CIBs for Soldier who had the military occupational specialty (MOS) of 11E, but they would award the BS. The applicant was not able to verify this information, but requests the Board to determine if he was eligible for either one of these awards. e. According to the applicant’s service records, his conduct and efficiency rating was excellent and he was wondering if this would make him worth of the AGCM. f. The applicant was advised that patients that were in the hospital for over 90 days for wound sustained in Vietnam would be promoted to the next higher grade. He went to the hospital orderly room and spoke with the clerk there, the clerk was not aware of this but would look into it. The applicant followed up with the clerk every week for the next 5 weeks only to be advised that there was no new information regarding the promotion to SGT/E-5. g. On or about June 1967, the applicant received an order that assigned him as an acting SGT/E-5 in order to assist with the ranges, this positon was held up until 31 January 1968. The applicant believes that since he had the responsibility of a SGT/E-5 for about 7 months his records and DD Form 214 should show SGT/E-5 as the highest grade held. 3. A review of the applicant’s service record shows: a. He was inducted into the Army of the United States on 1 November 1966. b. He was awarded the MOS of 11E (Armor Crewman) on 26 May 1967. c. He was advanced to the grade of private (PVT)/E-2 effective 16 January 1967. d. Unit Order Number 22 dated 1 July 1967, he was advanced to the grade of private first class (PFC)/E-3 effective 1 July 1967. e. Special Order Number 364 dated 30 December 1967, he was advanced to the temporary grade of specialist (SPC)/E-4 effective 30 December 1967. f. His DA Form 20 (Enlisted Qualification Record) shows that he served in Vietnam from 1 March 1968 to 24 October 1968. It also shows in item 38 that he has all excellence in conduct and efficiency. g. Special Order Number 64 dated 4 March 1968, assigned the applicant to Troop C, 3rd Squadron, 4th Cavalry, 25th Infantry Division effective 11 March 1968. h, Medical records dated 14 April 1968, shows the applicant sustained first degree burns to left thigh. i. General Order Number 3154 dated 24 April 1968, awarded the applicant the PH for wounds received in Republic of Vietnam on 14 April 1968. j. Medical records dated 27 April 1968, shows the applicant had chronic drainage, needs surgery. Patient returned 1 May for evacuation to Japan for surgery. k. Medical records dated, 1 May 1968, are not legible. l. Message dated 9 May 1968, shows the applicant received injuries on this date from metal fragments to his abdomen, both legs with injury to liver. The injuries occurred in the Republic of Vietnam from hostile mortar round. He was admitted to the 12th Evacuation Hospital on 9 May 1968 at approximately 0130 hours. He was placed on the serious ill list m. Medical records dated 9 May 1968, shows the applicant sustained injury to the abdomen, left leg, neck, scrotum, left thigh, right knee, right leg, and penetration of the liver. He was prepared for evacuation to Japan for treatment. The injuries occurred at the base camp of Cu Chi, Republic of Vietnam from hostile rocket attack. n. Joint message form dated 9 Mary 1968, shows the applicant was treated at the 12th Evacuation Hospital for would sustained on this date at approximately 0100 hours from metal fragments to his abdomen, both legs, and liver. He was located in the base camp in Republic of Vietnam when hit by the fragments from the hostile mortar round. He was placed on the serious ill list this date at approximately 0600 hours. He was assigned to Troop C, 3rd Squadron, 4th Cavalry, 25th Infantry Division. o. Western Union Telefax dated 10 May 1968 to the next of kin (NOK) of the applicant that notified them of his injuries and that the judgement of the attending physician that the severity of his injuries were of concern buy no imminent date to life. p. General Order Number 103 dated 10 May 1968, awarded the applicant the PH for wounds sustained in connection with military operations against a hostile force in the Republic of Vietnam on 9 May 1968. q. Western Union Telefax dated 14 May 1968, to the applicant’s NOK that advised them that he was removed from the seriously ill list. The period of hospitalization was undetermined at the time of the message and evacuation was not contemplated at that time. r. Message dated 14 May 1968, shows the applicant was removed from the seriously ill list on 13 May 1968 at approximately 0900 hours. s. Patient evacuation tag shows the applicant sustain injury to the neck, abdomen, scrotum. It indicated it was from battle casualty in combat. t. Medical records dated 14 May 1968, shows the applicant sustained penetrating wound of neck, abdomen, scrotum, left thigh, left leg, right knee, right leg and penetrating wound of the liver from hostile forces mortar fire near Cu Chi, Republic of Vietnam. An exploratory laparotomy with drainage of the liver and debridement of wounds was conducted on 9 May 1968. PH was awarded per paragraph 3 of General Order Number 103 dated 10 May 1968. u. Joint message dated 14 May 1968, shows the applicant was removed from the seriously ill list on 13 May 1968. v. Medical records dated 16 May 1968, shows the applicant received transfusions. w. Medical records dated 17 May 1968, shows the applicant had minimal blood loss. He sustained multiple superficial wounds to both lower extremities and right knee, right flank and back. The wound to the scrotum and scalp were sutured and sterile dressings were applied. x. Medical records dated 21 May 1968, shows the applicant had no significant abnormality to the chest. The right knees had two metallic fragments overlying the tibial tubercle. y. Special Order Number 127 dated 22 May 1968, the applicant was released from assignment and reassigned to a U.S. Army hospital at Fort Campbell, KY for further hospitalization and treatment. z. Medical records dated 23 May 1968, shows the applicant was evacuated to the continental United States. aa. DA Form 8-274 (Medical Condition – Physical Profile Record) dated 12 August 1968, shows the applicant was returned to duty with no limitations. bb. He was released from the Army of the United States on 23 August 1968 with an honorable characterization of service and transferred to the United States Army Reserve (USAR) Control Group (Annual Training). His DD Form 214 shows he completed 1 year, 9 months and 23 days of active service with 2 months and 15 days of foreign service. It also shows he was wounded on 14 April 1968 with first degree burns to the left thigh and wounded on 9 May 1968 to the abdomen, both legs and liver. He was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal * Vietnam Campaign Medal * Purple Heart * Sharpshooter Marksmanship Qualification Badge with Tank Bar cc. Order Number 09-1391296 dated 20 September 1972, the applicant was discharged from the USAR Control Group (Standby) effective 31 October 1972 with an honorable characterization of service. 4. A review of the Awards and Decorations Computer-Assisted Retrieval Systems, an index of general orders issued during the Vietnam era between 1965 and 1973 and maintained by the U.S. Army Human Resources Command, only revealed General Order Number 3154 for the Purple Heart for the applicant. 5. By regulation AR 672-5-1 (Awards), in effect at the time, states the primary purpose of the awards program is to provide tangible evidence of public recognition for acts of valor and for exceptional service or achievement: a. Purple Heart is awarded in the name of the President of the United States to any member of the armed forces or any civilian national of the United States who while serving under competent authority in any capacity with one of the U.S. armed forces after 5 April 1917 has been wounded, killed, or who had died or may hereafter die after being wounded. * Purple Heart is authorized for the first wound suffered under conditions indicated, but for each subsequent award an oak leaf cluster shall be awarded to be worn on the medal or ribbon * not more than one award will be made for more than one wound or injury received at the same instant or from the same missile, force, explosion, or agent b. Bronze Star Medal is awarded to any person who while serving in any capacity in or with the Army of the United States after 6 December 1941 shall have distinguished himself by heroic or meritorious achievement or service not involving participation in aerial flight in connection with military operations against an armed enemy while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party. * heroism * meritorious achievement or meritorious service c. Army Good Conduct Medal is awarded for exemplary behavior, efficiency, and fidelity in active federal military service. It is awarded on a selective basis to each Soldier who distinguishes himself from among his fellow Soldiers by his exemplary conduct, efficiency, and fidelity while in an enlisted status. The enlisted person must meet specified criteria throughout a specified period of continuous enlisted active federal military service. * each 3 years completed on or after 26 August 1940 * for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946 * for first award only, upon termination of service on or after 27 June 1950, of less than 3 years but more than 1 year * for first award only, upon termination of service, on or after 27 June 1950, of less than 1 year when final separation was by reason of physical disability incurred in line of duty * for first award only, for those individuals who were killed in action or who died prior to the completion of 1 year active federal military service d. Combat Infantryman Badge may be awarded only to members of the U.S. Army: * infantry officer in the grade of colonel or below * enlisted man or warrant officer with infantry military occupational specialty * who satisfactorily performed duty while assigned or attached as a member of an infantry unit of brigade, regimental or smaller size during any period such unit was engaged in active ground combat * awarded will not be made to general officers not to members of headquarters companied of units larger in size than brigades * any officer whose basic branch is other than infantry who is under appropriate orders has commanded an infantry unit of brigade, regimental or smaller size for at least 30 consecutive 30 days * one award of the Combat Infantryman Badge is authorized to each individual for each separate war * only one award of the Combat Infantryman Badge is authorized for service in Vietnam 6. By regulation (AR 600-200), states commander of medical facilities may promote hospitalized personnel to pay grade staff sergeant (SSG)/E-6 and below. Enlisted personnel otherwise eligible for promotion will not be deprived of promotion consideration while missing, captured, detained, or hospitalized for extended periods. 7. By regulation (AR 15-185), 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. The ABCMR will decide cases on the evidence of record; it is not an investigative body. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found some relief was warranted. The applicant’s contentions were carefully considered. Evidence of record shows he was awarded two Purple Hearts; however, his DD Form 214 only shows one Purple Heart. His record is absent evidence that shows he was awarded the CIB, Army Good Conduct Medal (AGCM), or Bronze Star Medal. The Board agreed he qualified for the CIB when he was involved in the incident resulting in the first Purple Heart on 14 April 1968. His record shows he received all excellent ratings in conduct and efficiency, therefore, he should be awarded the AGCM. The Board determined there is insufficient evidence to grant relief to award the Bronze Star, nor is there evidence that shows he was promoted to SGT. 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 a. awarding him the Army Good Conduct Medal (1st Award) for exemplary service from 1 November 1966 through 23 August 1968 b. awarding him the Combat Infantryman Badge for engaging the enemy on 14 April 1968 c. amending his DD Form 214 for the period ending 23 August 1968 by deleting the Vietnam Service Medal, and adding the following: * Purple Heart (2nd Award) * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with one bronze service star * Combat Infantryman Badge 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 promoting him to SGT and adding the Bronze Star Medal. 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, 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 672-5-1 (Awards), in effect at the time, states the primary purpose of the awards program is to provide tangible evidence of public recognition for acts of valor and for exceptional service or achievement: a. Purple Heart is awarded in the name of the President of the United States to any member of the armed forces or any civilian national of the United States who while serving under competent authority in any capacity with one of the U.S. armed forces after 5 April 1917 has been wounded, killed, or who had died or may hereafter die after being wounded. * a Purple Heart is authorized for the first wound suffered under conditions indicated, but for each subsequent award an oak leaf cluster shall be awarded to be worn on the medal or ribbon * not more than one award will be made for more than one wound or injury received at the same instant or from the same missile, force, explosion, or agent b. Bronze Star Medal is awarded to any person who while serving in any capacity in or with the Army of the United States after 6 December 1941 shall have distinguished himself by heroic or meritorious achievement or service not involving participation in aerial flight in connection with military operations against an armed enemy while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party. * heroism * meritorious achievement or meritorious service c. Army Good Conduct Medal is awarded for exemplary behavior, efficiency, and fidelity in active federal military service. It is awarded on a selective basis to each Soldier who distinguishes himself from among his fellow Soldiers by his exemplary conduct, efficiency, and fidelity while in an enlisted status. The enlisted person must meet specified criteria throughout a specified period of continuous enlisted active federal military service. * each 3 years completed on or after 26 August 1940 * for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946 * for first award only, upon termination of service on or after 27 June 1950, of less than 3 years but more than 1 year * for first award only, upon termination of service, on or after 27 June 1950, of less than 1 year when final separation was by reason of physical disability incurred in line of duty * for first award only, for those individuals who were killed in action or who died prior to the completion of 1 year active federal military service d. Combat Infantryman Badge may be awarded only to members of the U.S. Army: * infantry officer in the grade of colonel or below * enlisted man or warrant officer with infantry military occupational specialty * who satisfactorily performed duty while assigned or attached as a member of an infantry unit of brigade, regimental or smaller size during any period such unit was engaged in active ground combat * awarded will not be made to general officers not to members of headquarters companied of units larger in size than brigades * any officer whose basic branch is other than infantry who is under appropriate orders has commanded an infantry unit of brigade, regimental or smaller size for at least 30 consecutive 30 days * one award of the Combat Infantryman Badge is authorized to each individual for each separate war * only one award of the Combat Infantryman Badge is authorized for service in Vietnam 3. Army Regulation 600-200 (Enlisted Personnel Management System), in effect at the time, states commander of medical facilities may promote hospitalized personnel to pay grade staff sergeant (SSG)/E-6 and below. Enlisted personnel otherwise eligible for promotion will not be deprived of promotion consideration while missing, captured, detained, or hospitalized for extended periods. Medical facility commanders may consider patients for promotion under the normal promotion cirteria: a. Individuals with recommended list status for promotion to pay grade sergeant (SGT)/E-5 or SSG/E-6 resulting from selection by a local board prior to hospitalization may be promoted if their total promotion point scores for the MOS. b. Individuals without local recommended list status to pay grade sergeant /E-5 and SSG/E-6 at the time of hospitalization may be considered for promotion by local medical facility selection board. c. Local facility selection boards will be appointed by the hospital commander. Boards will be composed of both officers and enlisted personnel. Appointment of patients as board members or board presidents is authorized and encouraged. Patients who are physically qualified will be required to appear for board evaluation. The hospital facility commander may request completion of a board member appraisal worksheet by the patient’s former commander. d. Patients attaining recommended list status will retain such status upon reassignment to another promotion authority provided otherwise eligible. e. A report of enlisted patients eligible for promotion will be completed by each facility commander. Reports will be submitted to the servicing personnel activity. 4. Army Regulation 15-185), 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. The ABCMR will decide cases on the evidence of record; it is not an investigative body. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180007274 8 1