ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 22 October 2019 DOCKET NUMBER: AR20190000953 APPLICANT REQUESTS: award of the following: * Purple Heart * Air Medal * Basic Explosive Ordnance Disposal Badge * Republic of Vietnam Gallantry Cross with Bronze Star APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), dated 27 November 2018 * four Self-authored statements * five Self-authored letters * two photographs 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: a. He was awarded the requested medals and badges while he was deployed in support of combat operations and he did not discover their absence from his records until he received copies of his records from the National Archives. b. He was given the Explosive Ordinance Disposal Medal in the summer of 1970. He flew to C? Chi, Vietnam, where the 25th Infantry Division was based and he learned how to diffuse live bombs. There were four other personnel from other units who also completed the training. Luckily, he never had to use this knowledge. c. He was presented the Purple Heart with his name engraved on it by the 52nd Battalion Commander at C?n Tho, Vietnam, after 15 January 1971. d. He was assigned to a small U.S. Army base near C?n Tho, Vietnam, and he was assigned over the entire unit. His signal unit was sent to a small island in the South China Sea (near the Cambodia border) to install a communications tower. The unit came under an assault at night from a Vietnamese unit. The crazy Vietnamese unit was pushed off the island with a lot of help from helicopters from the mainland in February 1971. Everyone was given a medal from the South Vietnamese government for what happened that night. The 52nd Signal Battalion Commander at C?n Tho, Vietnam, presented the Republic of Vietnam Gallantry Cross with Bronze Star after the incident in February 1971. He left Vietnam at the end of February 1971. Everybody in his signal unit was given a communications medallion. 3. The applicant was inducted into the Army of the United States on 28 July 1969. 4. His DA Form 20 (Enlisted Qualification Record) shows in: * item 31 (Foreign Service) – service in United States Pacific Command Vietnam from 23 February 1970 to 1 March 1971 * item 38 (Records of Assignments) – United States Army Strategic Communications Command, Support Detachment, United States Army Pacific Command, Vietnam from 28 February 1970 to 26 February 1971 * item 40 (Wounds) – no entry (blank) 4. He provided copies of: a. five self-authored letters wherein he wrote to his parents while in Vietnam and during the period 21 October 1969 to 9 February 1971. He advised his parents, in part, that he flew on certain days for a couple of hours, he could possibly receive flight pay and be awarded the Air Medal, he found an enemy arms cache, his unit was hit hard and attacked by Vietnamese ground troops on 18 September; he was undergoing air courier training and he would be flying seven days a week for three to four hours a day all over the Delta, he was recommended for the Air Medal, and he thought he would receive a Purple Heart for a wound he sustained to his head when his plane took ground enemy fire and went down. He also indicated he was awarded the Republic of Vietnam Signal Badge for his work with the Vietnamese. b. two photographs showing his awards and badges and a Purple Heart engraved with his name. ? 5. On 28 February 1971, he was honorably released from active duty. His DD Form 214 shows in: * item 23a (Specialty Number and Title) – 72C20, Telephone Switchboard Operator * item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – * National Defense Service Medal * Army Commendation Medal * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Vietnam Service Medal * Army Good Conduct Medal * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * Republic of Vietnam Campaign Medal with Device (1960) * two overseas service bars 6. His records are void of orders awarding him the Purple Heart, Air Medal, Basic Explosive Ordnance Disposal Badge. 7. His records are void of a USARV (United States Army Republic of Vietnam) Form 157-R (Recommendation for Decoration for Valor or Merit) which would have been used to record his flying time and to recommend him for award the Air Medal. 8. His records are void of any evidence he held the military occupational specialty of Explosive Ordnance Disposal Specialist. 9. Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal orders for award of the Purple Heart pertaining to the applicant. 10. His name does not appear on the Department of the Army Office of the Adjutant General Casualty Division Casualty Reference Name Listing for the period 1 January 1961 through 30 June 1973, a battle and non-battle listing of Soldiers who were killed, wounded, sick, captured, or missing during their service in Vietnam. 11. His records are void of any evidence he was awarded the Republic of Vietnam Gallantry Cross as a personal decoration or he received authorization for acceptance of such an award. ? BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board considered the applicant’s statement, his record of service to include service in Vietnam, entries on his DA Form 20 and awards reflected on his DD Form 214. The Board considered the letters and photographs provided by the applicant. The Board did not find evidence of a wound or injury in the records, no in-service or post-service medical documents to support the applicant’s statement and his name did not appear on the Casualty Reference Name Listing. The Board did not find evidence of flight hours or a recommendation for award of an Air Medal or evidence he held the military occupational specialty of Explosive Ordnance Disposal Specialist. Based on a preponderance of evidence, the Board determined that the absence of award of the Purple Heart, Air Medal, Republic of Vietnam Gallantry Cross with Bronze Star or Basic Explosive Ordnance Disposal Badge on the applicant’s DD Form 214 was not in error or unjust. The Board concurred with the corrections stated in the Administrative Note(s) below. 2. After reviewing the application and all supporting documents, the Board found that relief was not warranted. ? BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : X :X :X DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, except for the corrections stated in the Administrative Note(s) that follow, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 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): The applicant participated in three campaigns while in Vietnam. Department of the Army General Orders Number 8, awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973. His campaign participation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation are not listed on his DD Form 214. 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 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 Regulation 672-1 (Decorations and Awards), in effect at the time, provided the guidelines for award of the Air Medal for sustained operations during the Vietnam War. Appendix IV required that recommendations for award of the Air Medal for crewmembers or non-crewmembers on flying status would be submitted on a USARV Form 157-R. The recommendation for award must also have stated that the individual met the required number of missions and hours for award of the Air Medal, that the individual has not caused, either directly or indirectly an aircraft abort, late take- off, accident or incident, and that the individual's accomplishments and service throughout the period have reflected meritorious performance with no instance of non- professionalism, mediocrity, or failure to display an aggressive spirit. 3. Army Regulation 600-8–22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. Instructions state: a. 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. b. A bronze service star is authorized with the Vietnam Service Medal for participation in each credited campaign. c. Any commissioned officer or enlisted Soldier may be awarded the Basic Explosive Ordnance Disposal Badge if they meet, or have met, all the following criteria: (1) Successful completion of conventional render safe qualification as prescribed for the Explosive Ordnance Disposal course of instruction (minimum requirement). (2) Assigned in a Table of Organization and Equipment or Table of Distribution Allowances Explosive Ordnance Disposal position for which the basic Explosive Ordnance course is a prerequisite. (3) Service in a position in paragraph 8–22a (2) must be satisfactory for a period of 18 months for the award to be permanent. (4) Officers must have a Specialty Skill Identifier of 89E and enlisted personnel must hold the military occupational specialty of Explosive Ordnance Disposal Specialist. d. Republic of Vietnam Gallantry Cross as a personal decoration was awarded to personnel who conducted themselves with heroic action and displayed deeds of valor while fighting the enemy. The more gallant and noteworthy the act, the higher the level of the award. This decoration was awarded in four degrees: with Palm, with Gold Star, with Silver Star, and with Bronze Star. Approval to accept and to wear a personal award of the Republic of Vietnam Gallantry Cross required approval by the Commanding General of United States Army, Vietnam. As with all foreign awards, each recipient of an approved foreign award was provided a copy of the original citation from the foreign government, a translation of the citation if necessary, and a letter authorizing the recipient to receive and wear the decoration. 4. Department of the Army General Orders Number 8, dated 19 March 1974, confirmed award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190000953 5 1