ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 31 October 2019 DOCKET NUMBER: AR20190010644 APPLICANT REQUESTS: correction to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) by adding the Purple Heart (PH) and Combat Infantryman Badge (CIB). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * PH Certificate * DD Form 214 FACTS: 1. The applicant did not file within the 3 year time frame provided in Title 10, United States 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 his DD Form 214 does not list the PH he received for the numerous injuries he suffered as an infantryman in Vietnam or the CIB. 3. The applicant was inducted into the Army of the United States on 6 September 1967 and after 11B (Light Weapons Infantryman) military occupational specialty training served in Vietnam assigned to B Company, 3rd Battalion, 60th Infantry from 6 March 1968 to 21 October 1968 (as shown on his temporary DA Form 20 (Enlisted Qualification Record)). 4. A review of the applicant’s personnel record shows it contains the following documents: * Special Orders Number 119 dated 28 April 1968 awarding him a CIB * Special Orders Number 298 dated 24 October 1968 assigning him as a medical evacuee to Medical Hold Detachment, 160th Central Hospital in Vietnam * Standard Form 88 (Report of Medical Examination) referencing abdominal surgery for a shrapnel wound suffered on 3 October 1968 in Vietnam 5. The applicant’s name is listed on the Vietnam casualty roster with codes confirming his injury resulted from hostile action. 6. Army regulations provide that each approved award of the Purple Heart must exhibit all of the following factors: wound must have been the result of enemy or hostile act or friendly fire; the wound must have required treatment by medical officials; and the records of medical treatment must have been made a matter of official record. 7. During the processing of this case, an inquiry was made to the U.S. Army Human Resources Command. An official conducted a search of the Awards and Decorations Computer Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 and failed to locate orders for the PH pertaining to the applicant. 8. Additional consideration for the Board is awarding him the Army Good Conduct Medal (AGCM). 9. The evidence of record confirms the applicant served honorably during the period 6 September 1967 to 5 September 1969. His DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his service. His personnel record shows no evidence indicating he would have been precluded from being awarded the AGCM (1st Award). He has no record of courts- martial in his personnel file. 10. The applicant was released from active duty on 5 September 1969 and transferred to the United States Army Reserve. His DD Form 214 does not show the PH or CIB as an authorized award in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized). He did receive the following: * National Defense Service Medal * Vietnam Campaign Medal with Device (1960) * Vietnam Service Medal 11. He provided a copy of a Purple Heart Certificate showing he was wounded in action on 3 October 1968 in Vietnam. This certificate is signed by the commanding officer of the 3rd Field Hospital on 6 October 1968. 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 and his specialty, entries in the records regarding his wounding, his conduct and efficiency rating entries on his DA Form 20 and his separation documents. The Board found sufficient evidence entitling the applicant to the Purple Heart, award of the Army Good Conduct Medal and the Combat Infantryman Badge. Based upon a preponderance of evidence, the Board determined that corrections to the applicant’s record were appropriate. The Board concurs with the corrections stated in the Administrative Note(s) below. 2. After reviewing the application and all supporting documents, the Board found that relief was warranted. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: In addition to the corrections stated in the Administrative Note(s) below, 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: - Awarding the applicant the Purple Heart for wounds received in Vietnam on 3 October 1968 and the Army Good Conduct Medal, and; - Amending his DD Form 214 for the period of service ending 5 September 1969 to reflect in item 24 (Decorations, Medals, Badges, Commendations, Citations…) – Purple Heart and Army Good Conduct Medal in addition to the corrections noted in paragraph 3. Administrative Notes below. 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): 1. After a review of the applicant’s Vietnam tour dates and in compliance with Army Regulation 600-8-22 (Military Awards), he should be authorized three bronze service stars to be affixed to his previously awarded Vietnam Service Medal for the following three campaigns: * TET Counteroffensive, 30 January 1968-1 April 1968 * Vietnam Counteroffensive Phase IV, 2 April 1968-30 June 1968 * Vietnam Counteroffensive Phase V, 1 July 1968-1 November 1968 2. Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) states the applicant’s unit is authorized the following awards or citations: * Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period from 1 December 1966 to 30 June 1968 by Department of the Army General Orders (DAGO) Number 31, dated 1969 * Republic of Vietnam Civil Actions Honor Medal, First Class for the period from 19 December 1966 to 28 June 1969 by DAGO 59, dated 1969 3. Based on the aforementioned evidence, the applicant’s DD Form 214 should be amended as follows: * Add the CIB * Delete the Vietnam Service Medal and replace it with the Vietnam Service Medal with three bronze service stars * Add the Republic of Vietnam Gallantry Cross with Palm Unit Citation * Add Republic of Vietnam Civil Actions Honor Medal, First Class REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within 3 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) provides, in pertinent part, for the award of the Vietnam Service Medal 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 1 or more days with an organization participating in or directly supporting military operations. Qualifying service also included temporary duty for 30 consecutive days or 60 nonconsecutive days in Vietnam or contiguous areas, except that the time limit may be waived for personnel participating in actual combat operations. This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign. 3. U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided, in pertinent part, for award of the Purple Heart. The regulation stated that authority to award the Purple Heart was delegated to hospital commanders. Further, it directed that all personnel treated and released within 24 hours would be awarded the Purple Heart by the organization to which the individual was assigned. Personnel requiring hospitalization in excess of 24 hours or evacuation from Vietnam would be awarded the Purple Heart directly by the hospital commander rendering treatment. 4. Army Regulation 672-5-1 (Awards), in effect at the time, 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; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; 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// ABCMR Record of Proceedings (cont) AR20190010644 4 1