ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 1 October 2019 DOCKET NUMBER: AR20190005151 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), for ending period 16 August 1968, to add: * Item 22c (Statement of Service – Foreign and/ or Sea Service) to show 8 months of Foreign Service time for deployment to Vietnam. * Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaigns Ribbons Awarded or Authorized): * Purple Heart (PH) * Combat Infantryman Badge (CIB) * Army Commendation Medal (ARCOM) * Vietnam Campaign Medal with Device (1960) (VCM) * Vietnam Service Medal (VSM) * Army Good Conduct Medal (AGCM) * Marksmanship Badge with Pistol Bar APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Certificate for award of the Purple Heart, dated 4 May 1966 * DA Form 1811 (Physical and Mental Status on Release from Active Duty Service) * DD Form 214, for ending period 16 August 1968 * DD Form 1577 (Authorization for Issuance of Awards), dated 12 September 1975 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 Board will not consider the applicant's request for the Marksmanship Badge with Pistol Bar, as it will be addressed through an administrative correction. 3. The applicant states he served in Vietnam from September 1965 through May 1966. He requests a change to his DD Form 214 for ending period 16 August 1968 to show Foreign Service time in Vietnam, the PH, the CIB, the ARCOM, the VCM, the VSM, and the AGCM. 4. The applicant’s records are incomplete or void of documents that provide a clear account of the applicant’s full military service. 5. On 30 March 1965, the applicant enlisted in the Regular Army. He was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman). 6. The applicant states he served with the 173rd Airborne Brigade in Vietnam. The DA Form 481 (Military Leave Record) in the applicant’s records shows the initials and signature stamp of a Headquarters, 173rd Airborne Brigade records custodian. This custodian, Chief Warrant Officer Two, conducted two audits and verifications of the applicant's leave balance between the noted dates of 14 August 1965 – 30 June 1966 and 1 July 1966 – 8 December 1966. However, other than this form, and the applicant's statement, there is no evidence such as orders, or entries in his record to show he was assigned to this unit. Further, there is no clear evidence to show the dates of his assignment in Vietnam. 7. The applicant’s DA Form 20 (Enlisted Qualifications Record) contains the following information: a. item 16 (Service Dates) shows his last permanent change of station occurred on 10 May 1966. b. item 38 (Record of Assignments) begins on 25 August 1966 and shows the applicant was assigned to the following units (note: the entries do not begin until 25 August 1966): * Company Alpha 2nd Battalion Airborne 501st Infantry, Fort Campbell, Kentucky from 25 August 1966 to 3 September 1967 * Headquarters 82nd Airborne Division, Fort Bragg, North Carolina from 4 September 1867 to 20 November 1967 * Company Bravo 2nd Battalion 504th Infantry Fort Bragg, North Carolina from 21 November 1967 to 8 July 1968 unsatisfactory conduct and efficiency ratings) * Company Bravo 2nd Battalion 504th Infantry Fort Bragg, North Carolina 17 July 1968 to 15 August 1968 c. item 43 (Inserts) states his record contains a DA Form 20B (Record of Court- Martial Conviction) added on 24 July 1968. d. item 44 (Time Lost Under Section 972, Title 10, U.S. Code and Subsequent to Normal Date ETS [Expiration Term of Service]) shows he was absent without leave (AWOL) during the following periods: * 14 August 1967 – 17 August 1967 (4 days) * 11 June 1968 – 30 June 1968 (20 days) * 1 July 1968 – 7 July 1968 (7 days) * 9 July 1968 – 16 July 1968 (9 days – after ETS) 8. The applicant's record contains a certificate for award of the PH, dated 6 May 1966, which states the PH was awarded for wounds received in action in the Republic of Vietnam on 4 May 1966. Additionally, the applicant's name is listed on the Adjutant General's Office, Casualty Division's Vietnam casualty roster, which shows he was wounded in action on 4 May 1966. The wound was listed as "HOSTILE WOUNDED IN ACTION: Not Serious Hospitalized." 9. The applicant did not provide nor do his records contain any evidence to show he was awarded the ARCOM. 10. The applicant was released from active duty on 16 August 1968. His DD Form 214 does not list any of the awards he requests, it does not list any awards for Vietnam Service, nor does it reflect any entries for foreign or Vietnam Service. 11. The applicant received a letter from the Department of the Army Office of the Adjutant General Reserve Components Personnel and Administration Center, dated 12 July 1976 that stated the applicant’s records show that he was not entitled to the AGCM because of disqualifying service ratings. 12. Army Regulation (AR) 635-5 (Separation Documents), in effect at the time, instructed to enter the total active duty service time outside the continental limits of the United States to include overseas theater time in which service was performed in Item 22c (Foreign and /or Sea Service) on the DD Form 214. 13. AR 672-5-1 (Awards), in effect at the time, stated that the Purple Heart would be awarded for a wound sustained while in action against an enemy or as a result of hostile action. Substantiating evidence should 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. 14. AR 672-5-1 (Awards) stated that there were three requirements for award of the CIB: The Soldier must have been an infantryman who satisfactorily performed infantry duties, assigned to an infantry unit during such time as the unit was engaged in active ground combat, and the Soldier should have actively participated in such ground combat. 15. AR 672-5-1 (Awards) prescribed the VSM and stated the award was authorized for all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. Qualifying service included attachment to or assignment for one or more days with an organization that participated in or directly supported military operations. Individuals qualified for the AFEM for reason of service in Vietnam between 1 July 1958 and 3 July 1965 will remain qualified for that medal. No person will be entitled to both awards for Vietnam service. 16. AR 672-5-1 (Awards) stated the Government of Vietnam awarded the VCM with Device (1960) to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973. Qualifying service included assignment in Vietnam for at least 6 months or wounded by hostile action. 17. AR 672-5-1 (Awards) stated the ARCOM would be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement, or meritorious service. The ARCOM, as with all personnel decorations, required a formal recommendation, approval through the chain of command, and announcement in orders. 18. AR 672-5-1 (Awards), in effect at the time, prescribed that the AGCM was awarded for each 3 years of continuous enlisted active Federal military service. The enlisted person must have had all "excellent" conduct and efficiency ratings. Court-martial convictions were a disqualifying factor. 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, the orders in his records, a casualty report, available medical documents, his MOS and duty assignments and the entries on his DD Form 214. The Board found sufficient evidence to support award of a Purple Heart and Combat Infantryman Badge based on his wound. Because there is evidence of service in Vietnam, he is also entitled to additional Vietnam specific awards. Based on available evidence, the Board found that the applicant served in Vietnam between September 1965 and May 1966. The Board found insufficient evidence to show the applicant was awarded an Army Commendation Medal and a review of his DA Form 20 conduct and efficiency ratings do not support award of an AGCM. Based on a preponderance of evidence, the Board determined that some of the corrections requested by the applicant were appropriate to correct omissions on his DD form 214. 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. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, in addition to the correction stated in the Administrative Note(s) below, the Board recommends that all Department of the Army records of the individual concerned be corrected by: - awarding the applicant the CIB, Vietnam Campaign Medal with Device (1960) and Vietnam Service Medal with one bronze service star, and; - by amending the DD Form 214 for the period of service ending 16 August 1968 as follows: -- item 24 (Decorations, Medals, Badges…) to add: “PH, CIB, Vietnam Campaign Medal with Device (1960) and Vietnam Service Medal with one bronze service star; -- item 22 c. (Foreign and/or Sea Service) – USARPAC 0 8 0, and; -- item 30. (Remarks) – add the entry, "Vietnam- Sep 65 through May 66, Indochina-yes, Korea-no." 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 an ARCOM or AGCM. 7/29/2020 X CHAIRPERSON 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): Amend the applicant’s DD Form 214 with ending period 16 August 1968 to add the Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Caliber). 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 (AR) 635-5 (Separation Documents) stated The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. The DD Form 214 is of vital importance to the separating Soldier and must be properly prepared according to prescribed guidance. All available military records will be used to prepare the document. The instructions stated to enter in Item 22c (Foreign and /or Sea Service) on the DD Form 214, the total active duty time served outside the continental limits of the United States to include oversea theater time in which service was performed. 3. AR 672-5-1 (Awards) stated: 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 (not merely examination) by a medical officer, and the medical treatment must have been made a matter of official record. Award of the Purple Heart may be made for wounds treated by a medical professional other than a medical officer provided a medical officer includes a statement in the service member's medical record that the extent of the wounds was such that they would have required treatment by a medical officer if one had been available to treat them. b. the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. c. there are three requirements for award of the Combat Infantryman Badge: The Soldier must have been an infantryman and satisfactorily performed infantry duties, assigned to an infantry unit during such time as the unit is engaged in active ground combat, and actively participated in such ground combat. d. the Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973. Qualifying service included assignment in Vietnam for 6 months or more. Also eligible for this award are individuals who qualified for award of the Vietnam Service Medal (VSM) or the Armed Forces Expeditionary Medal (AFEM) and served for less than six months of service but: * were wounded as a result of hostile action * were captured by hostile forces but later escaped or were rescued or released * were killed in action or otherwise in line of duty e. the VSM is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. Qualifying service included attachment to or assignment for one or more days with an organization participating in or directly supporting military operations. Individuals qualified for the AFEM for reason of service in Vietnam between 1 July 1958 and 3 July 1965 will remain qualified for that medal. Upon request, any such individual may be awarded the VSM instead of the AFEM. In such instances, the AFEM will be deleted from the list of authorized medals in personnel records. No person will be entitled to both awards for Vietnam service. f. stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. The enlisted person must have had all "excellent" conduct and efficiency ratings. There must have been no convictions by a court-martial. //NOTHING FOLLOWS//