IN THE CASE OF: BOARD DATE: 17 August 2020 DOCKET NUMBER: AR20190014828 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the - * Purple Heart (PH) * Combat Infantryman Badge (CIB) APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) with statement * DD Form 214 * Department of Veterans Affairs (VA) Rating Decision, dated 22 May 2019 FACTS: 1. The applicant did not file within the three-year period provided in Title 10, United States Code, in section 1552(b); however, the 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, in effect, in May 1970, he was shot in the leg and foot while serving in Vietnam. He was evacuated to the 67the Evacuation Hospital in Qui Nhon for treatment, where a visiting general officer awarded him the Purple Heart. Due to an administrative oversight, the PH and CIB were not entered into his record. 3. The applicant enlisted in the Regular Army on 29 September 1967. He held military occupational specialty 11B (light weapons infantryman). 4. His record shows he served in the Republic of Vietnam (RVN) from 10 August 1969 to 9 August 1970 and he participated in four campaigns. During this period he was assigned to – * Headquarters and Headquarters Company (S-1), 5th Special Forces Group Airborne (SFGA), 1st SF, from 12 August 1969 to 1 October 1969, as a light weapons leader * Company B, SFGA, 1st SF, from 2 October 1969 to 6 November 1969 * Special Operations Augmentation, Command and Control (SOA CCN), 5th SFGA, from 7 November 1969 to 11 December 1969, as a light weapons leader * Company C (Rangers), 75th Infantry, I Field Force Vietnam (IFFV), from 12 December 1969 to 8 August 1970, as a senior scout observer 5. The applicant's DA Form 20 (Enlisted Qualification Record) shows in – * Item 38 (Record of Assignment), he received all excellent conduct and efficiency ratings during his period of service * Item 40 (Wounds), he sustained a gunshot wound to the right leg and a fragment wound to the back of his right foot on 6 May 1970 6. His record contains two inquires, dated September 1970, made on behalf of the applicant, concerning the status of his PH and CIB orders. 7. The applicant provides his VA Disability Rating, dated 22 May 2019. This document shows the injuries he sustained in the RVN were found to be service- connected. 8. His record is void of any convictions by court-martial or other derogatory information. 9. On 13 August 1971, he was honorably released from active duty. His DD Form 214 does not reflect the PH or the CIB. 10. The applicant's name is listed on the Vietnam Casualty Roster for injuries sustained on 6 May 1970. 11. A 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 Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal PH or CIB orders pertaining to the applicant. BOARD DISCUSSION: In addition to the corrections listed in the Administrative Notes below the signature block and after review of the application and all evidence, the Board found sufficient evidence to grant full relief. 1. Regarding award of the Purple Heart Medal, The Board found sufficient evidence that the applicant met the criteria for award of this medal, that he was wounded by hostile fire on 6 May 1970 in Vietnam. The Board found the record, when viewed in its totality, is sufficient to reasonably conclude the applicant was wounded as a result of hostile action and he received medical treatment for those wounds on 6 May 1970. 2. Regarding the award of the CIB, the Board found that the applicant met the requirements per regulation. The applicant was an infantry Soldier, serving in an infantry unit and was engaged in hostile actions against the enemy in Vietnam. 3. The Board also determined the applicant met the regulatory guidelines for award of the Army Good Conduct Medal (AGCM). ? BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :XX :XX :XX GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: In addition to the Administrative Notes (below the signature block), the Board determined the evidence presented is sufficient to warrant a recommendation for full relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding and adding the Purple Heart, the CIB, and the AGCM to item 24 of his DD Form 214 dated 13 August 1971. 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 NOTES: 1. The applicant's RVN service authorizes him additional awards not listed on his DD Form 214. The following documents and regulatory guidance are sufficient to justify correction of his military records without action by the Board. • DA Form 20 • DD Form 214 • AR 600-8-22 • DA Pam 672-3 a. While assigned to the 5th SFGA, SOA (CCN) from 7 November 1969 to 11 December 1969, RVN Civil Actions Honor Medal First Class Unit Citation (1st Award), cited in DAGO 48, dated 1971, for the period 30 April 1968 to 24 September 1970. b. While assigned to Company C (Rangers), 75th Infantry, IFFV from 12 December 1969 to 8 August 1970 - • Valorous Unit Award, cited in DAGO 11, dated 1973, amended in DAGO 43, dated 1972, for the period 23 July 1969 to 28 February 1970 • 2-RVN Gallantry Cross with Palm Unit Citations, cited in DAGO 51, dated 1971, for the period 1 February 1969 to 26 September 1970, and DAGO 54, dated 1974, for the period 1 August 1965 to 16 April 1971 • RVN Civil Actions Honor Medal First Class Unit Citation (2nd Award), cited in DAGO 5, dated 1973, for the period 15 April 1969 to 16 March 1971 c. Four bronze service stars for wear on his previously-awarded Vietnam Service Medal d. The Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) e. Based on the above, the applicant is entitled to the following administrative correction to item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized to) of his DD Form 214: (1) delete the Vietnam Service Medal; and (2) add the following awards- * Vietnam Service Medal with four bronze service stars * Valorous Unit Award * Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award) * Republic of Vietnam Civil Action Honor Medal, First Class, Unit Citation (2nd Award) * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) ? REFERENCES: 1. Title 10, United States Code, 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 ABCMR to excuse an applicant's failure to timely file within the 3 year statute of limitations if the Army Board for Correction of Military Records (ABCMR) determines it would be in the interest of justice to do so. 2. Army Regulation (AR) 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded, 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. a. 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. b. There must have been no convictions by a court-martial. However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders. 3. AR 600-8-22 (Military Awards) states – a. The Purple Heart is awarded for a wound or wounds sustained in action against an enemy or as a result of hostile action. Substantiating evidence must be provided that verifies the wound resulted from hostile action, required treatment by medical personnel, and that treatment was made a matter of official record. b. The Combat Infantryman Badge is awarded based on three requirements. The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190014828 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1