ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 6 April 2021 DOCKET NUMBER: AR20200002744 APPLICANT REQUESTS: correction of the Former Service Member's (FSM) DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of: * Presidential Unit Citation with Oak Leaf * Air Assault Badge * Army Good Conduct Medal * Purple Heart * correction of his social security number from APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Marriage Certificate * Photo of Awards displayed * DD Form 214, ending on 27 December 1965 * Form 1040A (US Individual Income Tax Return) 2017, undated * Certificate of Death, dated 3 April 2018 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 (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’s social security number correction and Presidential Unit Citation award request is supported by sufficient evidence; they will be administratively corrected and not considered by the Board. The Board will consider: * Air Assault Badge * Good Conduct Medal * Purple Heart 3. A review of the FSM's official record shows: a. On 4 January 1963, the FSM enlisted in the Regular Army and served in various locations. b. DA Form 24 (Service Record), dated 27 December 1965, shows the FSM served from 17 September 1965 to 16 December 1965 in Vietnam, while assigned to A Company, 2nd Battalion, 7th Cavalry, 1st Cavalry Division as an 11C (Indirect Fire Infantryman). Section 8 (Wounds Received through Enemy Action) is void of an entry. c. Special Order Number 361, issued by Headquarters, U.S. Army Personnel Center, Oakland, CA, dated 27 December 1965, shows the FSM's last permanent duty assignment was A Company, 2nd Battalion, 7th Cavalry, 1st Cavalry Division. d. DD Form 214, ending on 27 December 1965, honorably released the FSM from active duty. Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows: * Marksman Marksmanship Qualification Badge with Rifle Bar * Expert Marksmanship Qualification Badge with Rifle Bar * Vietnam Service Medal * Combat Infantryman Badge e. The applicant's records are void of any orders awarding him the Purple Heart, Air Assault Badge, or the Army Good Conduct Medal. f. A review of the Vietnam casualty listing does not include the FSM's name. Likewise, his medical records are not available for review with this case. g. Additionally, the FSM's records show no derogatory information that would disqualify him for the first award of the Army Good Conduct Medal. Furthermore, Section 2 (Chronological Record of Military Service) of his DA Form 24 shows he received all "excellent" conduct and efficiency ratings. h. 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 U.S. Army Human Resources Command, failed to reveal any orders that show the award of the Purple Heart. i. A review of Department of the Army General Order Number 40, dated 21 September 1967, listed the 2nd Battalion, 7th Cavalry as a recipient for the award of the Presidential Unit Citation for extraordinary heroism during the period 23 October 1965 through 26 November 1965. There is only one award shown. 4. The applicant provides the following documents for the Board to review: a. Marriage certificate showing the FSM married the applicant on 22 March 1963. b. Certificate of death reflective of the FSM's death on 31 March 2018. c. Photo of awards displayed on the FSM's uniform. d. Form 1040 with emphasis on the FSM's correct social security number. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found that partial relief was warranted. The applicant’s contentions, military record, and regulatory guidance were carefully considered. Based on the documentation available for review, evidence of record shows he received "excellent" conduct and efficiency ratings throughout his period of service, the Board found the award of the Army Good Conduct Medal warranted. 2. Prior to closing the case, the Board did note the analyst of record administrative notes below, and recommended the corrections are completed to more accurately depict the military service of the applicant. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :X :X :X 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 issuing a DD215 (Correction of DD Form 214) to show in block 5 the award of the Army Good Conduct Medal. 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 award of the Air Assault Badge or the award of the Purple Heart. 3/29/2022 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): 1. Reference the enclosed request for correction of military records from the subject individual to correct the following item of the applicant's DD Form 214 for the period ending 27 December 1965: * item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) to add the Presidential Unit Citation * item 32 (Remarks) to show "XXX-X8-XXX" instead of "XXX-X0-XXXX" 2. The following document is sufficient to justify correction of the DD Form 214 without action by the Board. * General Orders Number 40, dated 21 September 1967 * DA Form 24 (Service Record) * DD Form 214 3. Amend the applicant’s DD Form 214 to show the corrections in paragraph 1, provide the applicant a copy of the corrections, and record the corrections in the applicant’s official military personnel record. Enclosure 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 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. Paragraph 2-8 states the Purple Heart is awarded for a wound 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 of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record. When wounded more than once on the same day, add the following: Not more than one award will be made for more than one wound or injury received at the same instant or from the same missile, force, explosion, or agent. b. Paragraph 8-23 (Air Assault Badge) Air Assault Badge requires satisfactory completion of an air assault training course according to the U.S. Army Training and Doctrine Command standardized Air Assault Core Program of Instruction, or completion of the standard Air Assault Course while assigned or attached to the 101st Airborne Division (Air Assault) after 1 April 1974. 3. 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 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. Ratings of “Unknown” for portions of the period under consideration were not disqualifying. Service school efficiency ratings based upon academic proficiency of at least “Good” rendered subsequent to 22 November 1955 were not disqualifying. 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 4. Army Regulation 635-5 (Separations Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for preparation of the DD Form 214. It stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. //NOTHING FOLLOWS//