ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 9 October 2020 DOCKET NUMBER: AR201900009181 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the: * Army Good Conduct Medal (AGCM) (1st Award) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * Meritorious Unit Commendation (MUC) * Presidential Unit Citation (PUC) * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Purple Heart (PH) APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), dated 24 June 2019 * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, U.S. 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. While in Vietnam poison was placed in his canteen by a Vietnamese that was working on his radio site. He took a sip from his canteen and quickly spit it out due to the foul taste. Shortly after he passed out and was rushed to the Medical Evacuation Hospital in Qui Nhon. He was in the Medical Evacuation Hospital in Quin Non, and another week confined to his bunk at the 41st Signal Battalion. b. Upon his return from Vietnam, the AGCM, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and the PUC were all pinned onto his uniform, but not listed on his DD Form 214. He was assigned to the Fort Carson Army Hospital due to an automobile accident and his DD Form 214 was issued from the Fort Carson Army Hospital several months after his discharge date. 3. His records contain sufficient evidence to administratively correct his DD Form 214 for the period ending 28 June 1965 to show award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and the Meritorious Unit Commendation without Board action. These awards will not be discussed further in these Record of Proceedings. 4. On 28 June 1965, the applicant was inducted into the Army of the United States in the rank grade of private/E-1. He was trained in and held military occupational specialty (MOS) 31M20 (Radio Relay Carrier Attendant). 5. His DA Form 20 (Enlisted Qualification Record) shows in: a. item 31 (Foreign Service) – U.S. Army Pacific (USARPAC) – Vietnam, from 25 December 1965 to 11 November 1966; b. item 38 (Record of Assignments) – he was assigned to: * 6 January 1966 to 9 November 1966, as a Radio Relay Carrier Attendant, Company B, 41st Signal Battalion (CA) USARPAC * 10 November 1966, as a Radio Relay Carrier Attendant, Company D, 459th Signal Battalion, USARPAC * 11 November 1966, enroute to CONUS * 2 February 1967, as a Senior Radio Relay Carrier Attendant to Company C, 5th Signal Battalion, Fort Carson, CO * 23 June 1967, a patient at Medical Hospital D, U.S. Army Hospital, Fort Carson and then released from active duty on 19 January 1968 c. item 40 (Wounds) – no entry d. item 41 (Awards and Decorations) – Vietnam Service Medal, National Defense Service Medal, and Vietnam Campaign Medal. 6. Item 38 of his DA Form 20 also shows he received all "excellent" conduct and efficiency ratings, except for the period 11 November 1966 to 19 January 1968 which shows "no entry." 7. The applicant's name does not appear on the Vietnam Casualty List. 8. Headquarters Army Hospital, Fort Carson, Special Orders 151, dated 24 October 1967 shows applicant was reassigned to Medical Hold Detachment, U.S. Army Hospital, Fort Carson. He was hospitalized on 23 June 1967. 9. Department of the Army Pamphlet 672-1 shows: * 41st Signal Battalion was awarded the MUC for the period 20 June 1964 – 1 April 1966, by Department of the Army General Orders (DAGO) Number 53, dated 1967 * 459th Signal Battalion, Company D was awarded the MUC for the period 1 October 1967 - 31 August 1968, DAGO Number 42, dated 1969 10. 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 Awards and Decorations Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the Purple Heart for the applicant. 11. On 19 January 1968, he was honorably released from active duty in the rank/grade of specialist/E-4. He completed 2 years and 7 months and 22 days of net service with no lost time. His DD Form 214 shows in: a. item 23a (Specialty Number and Title) – 31M20, Radio Relay Carrier Attendant, b. item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – * National Defense Service Medal * Vietnam Service Medal with two bronze service stars * Vietnam Campaign Medal 13. His records are void of a commander's disqualification for award of the Army Good Conduct Medal (1st Award) for the period 28 June 1965 through 19 January 1968. BOARD DISCUSSION: 1. The Board found no evidence showing the applicant served in a unit during a period for which the unit was awarded the PUC. The Board determined the available evidence is insufficient as a basis for adding the PUC to his DD Form 214. 2. The Board found no evidence corroborating the applicant's claim that he was poisoned during his service in Vietnam. In the absence of records confirming he was wounded as a result of hostile action and that his wound required treatment by a medical officer, the Board determined the available evidence is insufficient as a basis for confirming he is entitled to the PH. 3. The Board found the applicant met the criteria for award of the AGCM (1st Award). The Board determined the applicant should be awarded this medal and it should be added to his DD Form 214. 4. The Board concurred with the corrections described in Administrative Note(s) below. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :XXX :XXX :XX 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, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * Awarding him the Army Good Conduct Medal (1st Award) for the period 28 June 1965 through 19 January 1968 * Adding the Army Good Conduct Medal (1st Award) to his DD Form 214 * Making the corrections described in Administrative Note(s) below 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 the Purple Heart and the Presidential Unit Citation. 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 review of the applicant’s service records shows he is eligible for awards not listed on his DD Form 214. As a result, amend his DD Form 214 to show the following awards: * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * Meritorious Unit Commendation 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. Army Regulation 600-8-22 (Military Awards) states: a. The Purple Heart is awarded to members of the Armed Forces of the United States who, while serving under competent authority in any capacity with one of the U.S. Armed Services after 5 April 1917, have been wounded, were killed, or who have died or may hereafter die of wounds received under any of the following circumstances: (1) in any action against an enemy of the United States; (2) in any action with an opposing armed force of a foreign country in which the Armed Forces of the United States are or have been engaged; (3) while serving with friendly foreign forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party; (4) as the result of an act of any such enemy of opposing Armed Forces; (5) as the result of an act of any hostile foreign force; (6) after 28 March 1973, as a result of an international terrorist attack against the United States or a foreign nation friendly to the United States, recognized as such an attack by the Secretary of the Army, or jointly by the Secretaries of the separate Armed Services concerned if persons from more than one service are wounded in the attack; (7) after 28 March 1973, as a result of military operations while serving outside the territory of the United States as part of a peacekeeping force; (8) service members who are killed or wounded in action by friendly fire; (9) a former prisoner of war who was wounded before 25 April 1962 while held as a prisoner of war (or while being taken captive); or (10) service members killed or wounded in attacks by foreign terrorist organizations. b. A wound is defined as an injury to any part of the body from an outside force or agent sustained under one or more of the conditions listed below. A physical lesion is not required. However, the wound for which the award is made must have required treatment, not merely examination, by a medical officer. Also, treatment of the wound will be documented in the service member's medical and/or health 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. c. The key issue commanders must take into consideration when contemplating an award of this decoration is the degree to which the enemy caused the injury. The fact that the proposed recipient was participating in direct or indirect combat operations is a necessary prerequisite, but is not sole justification for award. d. Examples of enemy-related injuries which clearly justify award of the Purple Heart are as follows: (1) Injury caused by enemy bullet, shrapnel, or other projectile created by enemy action. (2) Injury caused by enemy-placed trap or mine. (3) Injury caused by enemy-released chemical, biological, or nuclear agent. (4) Injury caused by vehicle or aircraft accident resulting from enemy fire. (5) Concussion injuries caused as a result of enemy-generated explosions. (6) Mild traumatic brain injury or concussion severe enough to cause either loss of consciousness or restriction from full duty due to persistent signs, symptoms, or clinical finding, or impaired brain function for a period greater than 48 hours from the time of the concussive incident. e. Examples of injuries or wounds which clearly do not justify award of the PH are as follows: (1) Frostbite (excluding severe frostbite requiring hospitalization from 7 December 1941 to 22 August 1951). (2) Trench foot or immersion foot. (3) Heat stroke. (4) Food poisoning not caused by enemy agents. (5) Chemical, biological, or nuclear agents not released by the enemy. (6) Battle fatigue and disease not directly caused by enemy agents (7) Accidents, to include explosive, aircraft, vehicular, and other accidental wounding not related to or caused by enemy action. (8) Self-inflicted wounds, except when in the heat of battle and not involving gross negligence. (9) Post traumatic stress disorders. (10) Airborne (for example, parachute/jump) injuries not caused by enemy action. (11) Hearing loss and tinnitus (for example: ringing in the ears). (12) Mild TBI or concussions that do not either result in loss of consciousness or restriction from full duty for a period greater than 48 hours due to persistent signs, symptoms, or physical finding of impaired brain function. (13) Abrasions and lacerations (unless of a severity to be incapacitating). (14) Bruises (unless caused by direct impact of the enemy weapon and severe enough to require treatment by a medical officer) (15) Soft tissue injuries (for example, ligament, tendon or muscle strains, sprains, and so forth). (16) First degree burns. f. The PUC is awarded to units of the Armed Forces of the United States and cobelligerent nations for extraordinary heroism in action against an armed enemy occurring on or after 7 December 1941. The unit must display such gallantry, determination, and esprit de corps in accomplishing its mission under extremely difficult and hazardous conditions as to set it apart from and above other units participating in the same campaign. 4. Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM 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. Ratings of "Unknown" for portions of the period under consideration were not disqualifying. There must have been no convictions by a court-martial. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR201900009181 5 1