ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF:   BOARD DATE:  1 May 2020 DOCKET NUMBER:  AR20190006557 


APPLICANT REQUESTS:  correction to item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) if his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to add the following awards: 

.Purple Heart (PH)

.Bronze Star Medal (BSM)

.Air Medal (AM)




APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

.DD Form 149 (Application For Correction of Military Record), dated


20 March 2019
.General Orders Number 2778, dated 27 March 1969

.Citation for Award of the AM, dated 19 April 1969

.Certificate for Award of the AM, dated 19 April 1969

.Memorandum, Award of the PH, dated 6 June 1969

.Certificate for Award of the BSM, dated 22 October 1969




FACTS: 

1.The applicant did not file within the three-year period provided in Title 10, UnitedStates Code (USC), section 1552(b); however, the Army Board for Correction of MilitaryRecords conducted a substantive review of this case and determined it is in the interestof justice to excuse the applicant's failure to timely file.

2.The applicant states, he requests correction of his DD Form 214 to show he wasawarded the AM, PH, and the BSM.

3.The ABCMR will not consider the applicant's request to add the AM to his DD Form214; this will be addressed through and administrative correction.  The Board willconsider the remaining portion of the applicant's request.
4.The applicant enlisted in the Regular Army on 26 September 1966.

5.His DA Form 20 (Enlisted Qualification Record) contains the following entries:

a.Items 31 (Foreign Service) and 38 (Record of Assignments) show he wasassigned to Vietnam from 13 December 1967 to 8 December 1968 and served in the below listed units during that period: 

.Company E, 1st Battalion (Airborne) 502nd Infantry Regiment from15 December 1967 to 13 April 1968

.Company B, 1st Battalion (Airborne), 327th Infantry Regiment from 14 April1968 to 26 May 1968

.Company E, 1st Battalion, (Air Cavalry) 327th Infantry Regiment from 27 May1968 to 4 December 1969



b.Item 38 shows he received all excellent or unknown conduct and efficiencyratings. 

c.Item 40 (Wounds) shows he received a fragment wound to his right leg on 5 June1968. 

d.Item 41 (Awards and Decorations) does not list the PH or the BSM.

6.The applicant's record shows he received all "excellent" and unknown conduct andefficiency ratings and his record does not contain any convictions by a court-martial orany other evidence that would disqualify him for award of the Army Good ConductMedal (1st Award).

7.The applicant was honorably released from active duty on 25 September 1969.  Item24 of his DD Form 214 lists the following awards:

.National Defense Service Medal

.Parachute Badge

.Vietnam Service Medal

.Combat Infantryman Badge

.Vietnam Campaign Medal

.Army Commendation Medal



8.A Review of the Awards and Decorations Computer-Assisted Retrieval System(ADCARS), an index of general orders issued during the Vietnam era between 1965and 1973 maintained by the Awards and Decorations Branch of the U.S. Army HumanResources Command, failed to reveal any orders for the Bronze Star Medal or thePurple Heart.
9.The applicant provides a memorandum, Subject:  Award of PH, To:  Applicant,issued by Headquarters, 22nd Surgical Hospital, Vietnam, on 6 June 1968, whichstates, in effect, the Hospital Commander was pleased to award the applicant the PH,which attested to his injury as a result of hostile action.

10.The applicant provides a Certificate for Award of the BSM, for meritoriousachievement in ground operations against hostile forces in the Republic of Vietnam,during the period 1 January 1968 to 31 August 1968, dated the 22nd of October 1968,and signed by Major General MZ, Commanding, 101st Airborne Division.


BOARD DISCUSSION: 









1.After review of the application and all evidence, the Board found that relief waswarranted.  The applicant’s contentions, his military record, and regulatory guidancewere carefully considered.  The governing regulation provides that at separation theservice member’s record will be used to enter accurate information when completingtheir DD Form 214.  The Board determined that the evidence presented is sufficient foraward of:•Purple Heart•Bronze Star Medal2.Prior to closing the case, the Board concurs with the corrections stated in theAdministrative Note(s) below, and recommends the corrections be completed to moreaccurately depict the military service of the applicant.

BOARD VOTE: 

Mbr 1 Mbr 2 Mbr 3 

:XXX :XXX :XXX GRANT FULL RELIEF 

: : : GRANT PARTIAL RELIEF 

: : : GRANT FORMAL HEARING 

: : : DENY APPLICATION 


BOARD DETERMINATION/RECOMMENDATION: 

In addition to the administrative notes annotated by the Analyst of Record (below the signature), the Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 for the period ending on 25 September 1969 by awarding him: 

.Purple Heart

.Bronze Star Medal


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):  The applicant is authorized awards not recorded on his DD Form 214, based on Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Register), General Orders Number 2778, dated 27 March 1969, AND HIS da Form 20.  Correct the item 24 of the applicant's DD Form 214 for the period ending 25 September 1969 to add: 

.Air Medal

.Vietnam Service Medal with one silver service star

.Republic of Vietnam Campaign Medal with Palm Unit Citation

.Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

.Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)


REFERENCES: 

1.Title 10, USC, section 1552(b), provides that applications for correction of militaryrecords 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 oflimitations 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 Bronze Star Medal isawarded to any person who, while serving in any capacity in or with the Armed Forcesof the United States, or a friendly foreign nation, after 6 December 1941, distinguishedhimself or herself by heroic or meritorious achievement or service, not involvingparticipation in aerial flight, in connection with military operations against an armedenemy; or while engaged in military operations involving conflict with an opposingarmed force in which the United States is not a belligerent party.  Award of the BronzeStar Medal requires a formal recommendation, approval through the chain of commandto the approval authority (which included division commanders at the time), andannouncement in orders.

3.Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for awound sustained while 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 ofhostile action, the wound must have required treatment by medical personnel, notmerely examination, by a medical officer, and the medical treatment must have beenmade a matter of official record.

4.Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army GoodConduct Medal was awarded for each 3 years of continuous enlisted active Federalmilitary service completed on or after 27 August 1940; for first award only, 1 year servedentirely during the period 7 December 1941 to 2 March 1946; and, for the first awardonly, upon termination of service on or after 27 June 1950 of less than 3 years but morethan 1 year.  The enlisted person must have had all "excellent" conduct and efficiencyratings.  Ratings of "Unknown" for portions of the period under consideration were notdisqualifying.  Service school efficiency ratings based upon academic proficiency of atleast "Good" rendered subsequent to 22 November 1955 were not disqualifying.  Theremust have been no convictions by a court-martial.  However, there was no right orentitlement to the medal until the immediate commander made a positiverecommendation for its award and until the awarding authority announced the award inGeneral Orders.

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