ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 27 August 2019 DOCKET NUMBER: AR20190005684 APPLICANT REQUESTS: correction of the social security number listed on his Purple Heart Certificate and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 18 May 1971, to show award of the: * Purple Heart (PH) * Army Good Conduct Medal (AGCM) (1st Award) * Vietnam Service Medal (VSM) with bronze service stars * Republic of Vietnam Campaign Medal with Device (1960) * 2 Overseas Service Bars * 2 Valorous Unit Awards (VUA) * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Meritorious Unit Commendation * Army Commendation Medal APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 * a self-authored statement * General Orders Number 1020 * PH Certificate * Page 4 of DA Form 20 (Enlisted Qualification Record) * Special Orders Number 113 * Honorable Discharge Certificate * 1 page of information from the internet 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 following portions of the applicant's requests, as these items will be addressed through an administrative correction: * PH and PH certificate * AGCM (1st Award) * VSM with bronze service stars * Republic of Vietnam Campaign Medal with Device (1960) * 2 Overseas Service Bars * Republic of Vietnam Gallantry Cross with Palm Unit Citation 3. The applicant states his Battery was awarded the following awards when he served which are not present on his DD Form 214: * VUA, Department of the Army General Order (DAGO) Number 43, dated 1970 * VUA, DAGO Number 17, dated 1968 * MUC, DAGO Number 17, dated 1968, amended 1969 4. The applicant enlisted in the Regular Army on 16 August 1968. He served in the Republic of Vietnam with Battery B, 5th Battalion, 27th Artillery Regiment from 20 April 1969 to 19 April 1970. Evidence further shows he served in Germany from 31 May 1970 to 5 August 1971. 5. The applicant was honorably released from active duty on 18 May 1971. The DD Form 214 he was issued shows he was awarded or authorized the National Defense Service Medal, VSM and campaign medals. 6. There is no evidence in his official military personnel file which shows he was recommended for award of the ARCOM for meritorious service. In addition, there are no orders in his available record authorizing or awarding him the ARCOM during his period of service 7. Department of the Army Pamphlet (DA PAM) 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. Battery B, 5th Battalion, 27th Artillery Regiment is not listed in DA PAM 672-3 as receiving a VUA or MUC during the applicant's service in the Republic of Vietnam. 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, the awards in his records, his units of assignment and any additional individual awards. The Board found that the applicant’s unit of assignment is not listed as receiving a VUA or MUC during his service in Vietnam. The Board found insufficient evidence to show that the applicant had been recommended for or awarded the Army Commendation Medal. The Board concurs with the corrections stated in the Administrative Note(s) below. The Board, based on a preponderance of evidence, found no error or injustice warranting further correction to the applicant’s records and determined that addition of VUAs, MUC and an ARCOM are denied. 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: With the exception of the corrections stated in the Administrative Note(s) that follow, the evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, 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): a. Delete the entry, "VIET NAM SERVICE & CAMPAIGN MEDALS" from item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized). b. The following orders and regulatory cites are sufficient to make the following administrative corrections to the applicant's DD Form 214 for the period ending on 18 May 1971, without action by the Board: * General Orders (GO) Number 1020, issued by Headquarters (HQ), I Field Force Vietnam Artillery, on 12 November 1969, awarded him the PH * GO Number 337, issued by HQ, 1st Armored Division, on 23 November 1971, awarded him the AGCM (1st Award) * Special Orders (SO) Number 232, issued by HQ, United States Army Training Center, Infantry, Fort Benning, GA, on 27 September 1968, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M14) * SO Number 244, issued by HQ, United States Army Training Center, Infantry, Fort Benning, GA, on 11 October 1968, awarded him the Expert Marksmanship Qualification Badge with Hand Grenade Bar * SO Number 246, issued by HQ, United States Army Training Center, Infantry, Fort Benning, GA, on 14 October 1968, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M16) * DAGO Number 54, dated 1974, awarded him the Republic of Vietnam Gallantry Cross with Palm Unit Citation * DA PAM 672-3 paragraph 8a (10,11,12), authorizes him the Vietnam Service Medal with 3 bronze service stars * 2 Overseas Service Bars for service in Vietnam and Germany c. Provide a new Purple Heart certificate with his correct social security number as 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 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: a. The VUA is awarded for extraordinary heroism in action against an armed enemy of the United States while engaged in military operations involving conflict with an opposing foreign force or while serving with friendly foreign forces engaged in an armed conflict in which the United States is not a belligerent party for actions occurring on or after 3 August 1963. This award requires a lesser degree of gallantry, determination, and esprit de corps than required for the Presidential Unit Citation. Nevertheless, the unit must have performed with marked distinction under difficult and hazardous conditions in accomplishing its mission so as to set it apart from and above other units participating in the same conflict. The degree of heroism required is the same as that which would warrant award of the Silver Star to an individual. b. The MUC is awarded to units for exceptionally meritorious conduct in the performance of outstanding services for at least 6 continuous months during the period of military operations against an armed enemy occurring on or after 1 January 1944. Units based in the continental United States are excluded from this award, as are other units outside the area of operations. c. The ARCOM 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. 3. Title 10, U.S. Code, section 1130 provides the legal authority for consideration of proposals for decorations not previously submitted in timely fashion. It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation. Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration. 4. The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to the Secretary of the Army at the following agency: Commander, U.S. Army Human Resources Command, ATTN: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122. The applicant's unit must be clearly identified, along with the period of assignment and the award being recommended. A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638. Requests for consideration of awards should be supported by sworn affidavits, eyewitness statements, certificates, and related documents. Corroborating evidence is best provided by commanders, leaders and fellow Soldiers who had personal knowledge of the circumstances and events relative to the request. The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rest with the requestor. ABCMR Record of Proceedings (cont) AR20190005684 3 1