ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 15 July 2019 DOCKET NUMBER: AR20190004313 APPLICANT REQUESTS: The applicant requests reconsideration of the previous Army Board for Correction of Military Records (ABCMR) decision promulgated in Docket Number AR20080016530 on 18 February 2009. Specifically, he requests: * Purple Heart (PH) * Combat Infantryman Badge (CIB) * correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his rank was Sergeant (SGT)/E-5 APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * self-authored letter * letter from US Army Human Resources Command * Veterans Affairs (VA) Benefits * two letters of support FACTS: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20080016530 on 18 February 2009. 2. The applicant, on his application an in his self-authored letter, states: * his rank should be SGT/E-5 * he should be awarded the PH and CIB * the applicant believes his records are in error due to an oversight, carelessness, or failure to follow procedures * his fellow veterans insist on justice * he is refiling his application as requested in a letter received from the ABCMR to request correction with the Awards Center at Fort Knox, Kentucky * he enclosed the denial letter from HRC with his application * he served Basic Training at Fort Campbell, Kentucky * he was sent to Fort Lewis, Washington for Advanced Individual Training * he took 17 days of leave in December 1968 before he had to report for deployment to Vietnam * he arrived in Vietnam on 10 January 1969 * his Military Occupational Specialty (MOS) was 11B * his group was sent to the 82nd Engineers and remained there until April 1969 * he then was sent to Company B, 5th Battalion, 12th Infantry, 199th Light Infantry Brigade * he was then sent to FSB Fishnet and FSB Libby * he was in too many firefights to count * He was wounded in July 1969 by shrapnel to his left leg * he spent 9 days recovering from cellulitis in the hospital * he returned to his unit for further combat missions * he was promoted to SGT due to the fact he had been in charge for two months a squad leader * he was pulled from the field and given orders to report to Company C, 716th MP Bn to be attached to a special platoon for the security of MACV Headquarters in October 1969 * the general wanted combat proven troops for his compound * he spent the remainder of his time in country providing security * he has been seeing VA doctors since November 1970 * he enclosed paperwork to show he was wounded and it is service connected * he is appreciative of the two people who knew him and could attest to the fact where, what, and when he was wounded 3. The applicant provides a copy of his DD Form 214, which shows he was released from active duty as a SP4/E-4 on 21 August 1970. The DD Form 214 is void of an entry for the PH and the CIB. 4. The applicant provides a copy of a letter from US Army HRC which states they were unable to verity his entitlement to the PH or CIB. They also stated it was not within their purview to amend records to reflect correct rank. 5. The applicant provides two letters in support of him receiving the PH and the CIB. The letters are from the applicant's squad leader and the medic both of whom served with the applicant in Vietnam. The letters state in part: * the company clerk was over burdened with casualties * it was hard for him to keep up with the paperwork * the applicant should have received a CIB * they were attacked on 12 July 1969 * a resupply helicopter had been shot down * the blades sliced up a Soldier in Long Khananh Province * the applicant collected the body parts and gave them to the squad leader to take to the hospital * the applicant and his squad was on a search and destroy mission on 31 May 1969 * one of the Soldiers tripped a booby trap killing him and wounding another Soldier * the applicant was instrumental in performing first aid and evacuating the Soldiers * the applicant picked up a flesh wound on his leg from a booby trap * the medic bandaged it up * the applicant did not leave the field because the team was undermanned * three days later the leg was grossly infected * the applicant was taken out of the field and put in the hospital * the team came under fire and suffered multiple casualties * the applicant was wounded in the leg * the medic removed the shrapnel, dressed the wound, and the applicant returned to battle * the applicant served bravely and deserves a PH 6. The applicant provides his VA benefit information. He has zero percent service connected disability for residual scare, left lower extremity, approximately 5.5 inches below the knee, posterior surface, left calf, shrapnel fragmentation wound. 7. The applicant’s service record shows he was a member of the Regular Army and served in the Republic of Vietnam from 12 January 1969 through 11 January 1970. His DA Form 20 (Enlisted Qualification Record) shows: * in item 33 (Appointments and Reductions) he was promoted to Specialist 4 (SP4)/E-4 effective 18 April 1969 * in item 38 (Record of Assignments) he served as an 11B (Security Guard) with HA Catch [sic], Company C, 716th Military Police Battalion in Vietnam from 4 September 1969 through 9 January 1970; is void of an entry for hospitalization * in item 40 (Wounds) there is no entry listing an injury 8. There is no evidence in the applicant's service record indicating a time in service waiver was being processed for his promotion. 9. A review of the applicant's service record is void of orders, a certificate, or a citation showing that he was awarded the Purple Heart. A review of the Vietnam casualty roster, compiled by the Adjutant General's Office Casualty Division, does not list the applicant's name as a casualty. 10. A 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 U.S. Army Human Resources Command, failed to reveal any orders that show the applicant was awarded the PH or CIB. 11. Army Regulation 600-200 (Enlisted Personnel Management System), then in effect, prescribed the policies and procedures for the promotion and reduction of enlisted Soldiers. The regulation places limitations on time in grade and time in service to be promoted to the next higher rank. 12. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action. 13. U.S. Army Vietnam Regulation 672-1 (Awards and Decorations) specifically governs the award of the Combat Infantryman Badge for infantrymen operating in South Vietnam who served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size and possessed an infantry military occupational specialty. 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 MOS and assignment history while in Vietnam, his record of promotions and his VA benefits information noting a scar on his lower leg. The Board also considered the statements he provided from fellow Soldiers regarding his injury. The Board found that his duty MOS with the 86th Engr Bn and the 199th Infantry Brigade were not infantry (81B/82); he served in MOS 11B while assigned as a Security Guard, 716th MP Bn. The Board found insufficient evidence that the applicant met the criteria to support award of the Combat Infantry Badge and insufficient evidence to show he had been selected for and promoted to rank of SGT. The Board determined, by preponderance of evidence, that he was wounded and is entitled to award of the Purple Heart. 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: 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: - awarding him the Purple Heart for Wounds received on 31 May 1969 in the Vietnam; - amending his DD Form 214 for the period ending 21 August 1970 to add in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized): Purple Heart 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. Army Regulation 600-200 (Enlisted Personnel Management System), then in effect, prescribed the policies and procedures for the promotion and reduction of enlisted Soldiers. Paragraph 7-135(a) specified the completion of 8 months time in pay grade E-4 and 3 years time in service (primary zone) or 2 years time in service (secondary zone) were required for promotion to pay grade E-5. Recommendation for promotion to pay grad E-5 would be prepared on a DA Form 2496 (Disposition Form), signed by the recommending official and then submitted through channels to the headquarters of the promotion authority. Waivers for one-half of the time in pay grade were permissible. There was no provisions for an automatic promotion to pay grade E-5. 2. Army Regulation 600-8-22 (Military Awards) states the PH 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 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. 3. U.S. Army Vietnam Regulation 672-1 (Awards and Decorations) specifically governed the award of the Combat Infantryman Badge for Army forces operating in South Vietnam. The criteria for award of the Combat Infantryman Badge, identified the men who trained, lived, and fought as infantrymen, and identified the Combat Infantryman Badge as a unique award established to recognize the infantryman for his service. It further stipulated the Combat Infantryman Badge was not awarded for being shot at or for undergoing the hazards of day-to-day combat. It further provided that the badge was authorized for award to infantry officers and warrant officers and to enlisted Soldiers who possessed an infantry MOS, provided they served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.