ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF: 

	BOARD DATE:  24 May 2019

	DOCKET NUMBER:  AR20180013632


APPLICANT REQUESTS:  correction to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the addition of two Air Medals, one Army Commendation Medal, and the Purple Heart for operations in the Republic of Vietnam. 


APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* Army Commendation Medal Certificate, dated 10 August 1968
* Air Medal Certificate, dated 10 September 1968

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 was inducted into the Army of the United States on 24 October 1966.  He was trained in and served as a field artilleryman.

3.  His DA Form 20 (Enlisted Qualification Record) contains the following pertinent information:

* Item 31 (Foreign Service) – Service in the U.S. Army Pacific – Vietnam from 22 August 1967 to 21 August 1968
* Item 38 (Record of Assignments) – Battery B, 1st Battalion, 5th Artillery, 1st Infantry Division
* Item 40 (Wounds) – does not contain an entry  
* Item 41 (Awards and Decorations) – National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Marksman Marksmanship Qualification Badge with Rifle Bar

4.  A review of the Vietnam Casualty Roster failed to show the applicant was wounded in action and treated for those wounds. 

5.  General Orders Number 7512 issued by Headquarters, 1st Infantry Division on 23 July 1968 awarded the applicant the Army Commendation Medal for meritorious service for the period from August 1967 to July 1968.

6.  General Orders Number 9342 issued by Headquarters, 1st Infantry Division on 2 September 1968 awarded him the Air Medal for action between 1 March to 15 August 1968.  (His official military personnel file only contains one order announcing award of one Air Medal.)  

7.  On 23 August 1968 the applicant was honorably released and transferred to the U.S. Army Reserve.  He had completed 1 year and 10 months of active federal service with 1 year and 2 days of foreign service.  Item 24 (Decorations, Medal Badges, Commendations, Citations and Campaign Ribbons Awarded and Authorized) shows he received the following awards:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)

8.  The applicant provided two award certificates showing he received the Army Commendation Medal on 10 August 1968 for meritorious service during the period from August 1967 to July 1968.  In addition, he provided an Air Medal Certificate showing he received the Air Medal for the period 1 March to 15 August 1968 which was presented on 10 September 1968 or thereabouts.

9.  By regulation, in order to award the Purple Heart, it is necessary to establish that a Soldier was wounded because of enemy action, the wound required treatment by medical personnel, and the treatment was made a matter of official record.

BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents and evidence in the records.  The Board discussed the orders in the record showing award of one Air Medal and the Army Commendation Medal.  The Board did not find evidence, not did the applicant provided any, to support the award of a second Air Medal or the Purple Heart.  The Board concurs with the administrative corrections to the applicant’s record as indicated in Administrative Note(s) below.

2.  After reviewing the application and all supporting documents, the Board found that partial relief was warranted.
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. In addition to the administrative notes annotated in Administrative Note(s) (below the signature), 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 his DD Form 214 for the period of service ending 23 August 1968 by adding one award of the Air Medal and award of the Army Commendation Medal. 

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 award of a second Air 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.





ADMINISTRATIVE NOTE(S):

1.   A review of the applicant's records shows he is authorized additional awards not listed on his DD Form 214.  As a result, amend his DD Form 214 with an effective date of 23 August 1968 by deleting the Vietnam Service Medal and then adding the Vietnam Service Medal with four bronze service stars in accordance with Army Regulation 600-8-22 (Military Awards).

2.  Add to his 1968 DD Form 214 –  

* the Meritorious Unit Citation based on Department of the Army General Order Number (DAGO) 39, dated 1970 for the period from 1 May 1967 to 31 July 1968
* the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on DAGO Number 8, dated 1974
* the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on DAGO Number 53, dated 1970 
* the Marksman Marksmanship Qualification Badge with Rifle Bar based on entry on his DA Form 20 


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 600-8-22 (Military Awards) states 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 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.  When contemplating an award of this decoration, the key issue that commanders must take into consideration is the degree to which the enemy caused the injury.  The fact that the proposed recipient was participating in direct or indirect combat operations is a prerequisite, but is not sole justification for award.

   b.  Paragraph 2-8h provides examples of injuries or wounds which clearly do not justify award of the Purple Heart, such as abrasions and lacerations (unless of a severity to be incapacitating) and bruises (unless caused by direct impact of the enemy weapon and severe enough to require treatment by a medical officer).  

3.  Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214.  This regulation states for item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) to enter all awards for all periods of service.  Check the Soldier's records for validity of awards.


ABCMR Record of Proceedings (cont)	 AR20180013632


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