IN THE CASE OF: BOARD DATE: 25 October 2021 DOCKET NUMBER: AR20210011572 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 15 June 1967 to show: * award of the Bronze Star Medal * award of the Purple Heart * award of the Army Commendation Medal with "V" Device * issuance of the medals APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552) * DD Form 214 * Headquarters, 1st Brigade, 101st Airborne Division General Orders 1201, 19 November 1966 * Headquarters, 1st Brigade, 101st Airborne Division General Orders 23, 4 January 1967 (presumed) FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, United States Code, 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 he would like his awards/decorations recorded on his DD Form 214 for his family. 3. The Board will not consider the portion of the applicant's request that relates to adding the award of the Bronze Star Medal or Army Commendation Medal with "V" Device as these issues will be addressed through administrative correction. 4. The applicant enlisted in the Regular Army on 16 June 1964. After completion of initial entry training, he was awarded military occupational specialty 11D (Armor Intelligence Specialist). 5. A review of his official military personnel file contain the following: a. Headquarters, 3d Training Brigade (BCT), U.S. Army Training Center, Armor, Fort Knox, KY Special Orders Number 148, 11 August 1964 shows he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14). His DD Form 214 does not show this award. b. Headquarters, 1st Training Brigade, U.S. Army Training Center, Armor, Fort Knox, KY Special Order Number 221, 5 October 1964 shows he was awarded the Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60). His DD Form 214 does not show this award. c. Headquarters, 82d Airborne Division, Fort Bragg, NC Special Orders Number 43, 23 February 1965 shows he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-16). His DD Form 214 does not show this award. d. Headquarters, 82d Airborne Division General Orders Number 147, 9 June 1967 awarded him the Army Good Conduct Medal (1st Award) for the period 16 June 1964 through 15 June 1967. His DD Form 214 does not show this award. 6. His DA Form 20 (Enlisted Qualification Record) shows in: a. Item 31 (Foreign Service), he received overseas credit for service in the Republic of Vietnam from 24 December 1965 through 23 November 1966; b. Item 38 (Record of Assignments), he was assigned to Troop A, 2d Squadron, 17th Cavalry, 1st Brigade, 101st Airborne Division during his service in the Republic of Vietnam; and c. Item 40 (Wounds), the absence of an entry indicating he was wounded or injured during his military service. 7. He participated in the following campaigns during his service in Vietnam: * Vietnam Defense Campaign - 8 March 1965 - 24 December 1965 * Vietnam Counteroffensive - 25 December 1965 - 30 June 1966 * Vietnam Counteroffensive, Phase II - 1 July 1966 - 31 May 1967 8. The applicant was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) on 15 June 1967. His DD Form 214 shows he completed 3 years of total active service. If further shows in: * item 22c (Foreign and/or Sea Service) - 11 months * item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) - * National Defense Service Medal * Armed Forces Expeditionary Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Combat Infantryman Badge * Parachutist Badge 9. His military records do not contain documentation recommending for, orders, or evidence for the entitlement of awarding a Purple Heart during his period of service in the Republic of Vietnam. 10. The Vietnam casualty roster compiled by the Adjutant General's Office Casualty Division, a battle and non-battle listing of Soldiers who were killed, wounded, sick, captured, or missing during their service in Vietnam, does not list the applicant's name. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board determined that partial relief was warranted. The Board carefully considered applicant’s contentions, military record, and regulatory guidance on the award of the Purple Heart. Based on the preponderance of evidence available for review, the Board determined the evidence presented insufficient to warrant a recommendation for relief. 2. Prior to closing the case, the Board did note the analyst of record administrative notes below and recommended the correction is completed to more accurately depict the military service of the applicant. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :X :X :X DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 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's records show he is authorized administrative correction of his DD Form 214 for the period ending 15 June 1967 without Board action to show the following awards: * Bronze Star Medal * Army Commendation Medal with "V" Device * Army Good Conduct Medal (1st Award) * three bronze service stars with his already awarded Vietnam Service Medal * Presidential Unit Citation * Valorous Unit Award * Meritorious Unit Commendation * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) * Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60) * Expert 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 ABCMR determines it would be in the interest of justice to do so. 2. Title 10, U.S. Code, section 1130, provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion. Upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award of or upgrading of a decoration. Based upon such review, the Secretary shall determine the merits of approving the award. 3. The request, along with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to: Commander, U.S. Army Human Resources Command, Attention: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122. The unit must be clearly identified, along with the period of assignment and the recommended award. A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638. Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents. Supporting evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the facts relative to the request. The burden and costs for researching and assembling supporting documentation rest with the applicant. 4. Army Regulation 600-8-22 (Military Awards) prescribes policy, criteria, and administrative instructions concerning individual and unit military awards. a. 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. b. The Vietnam Service Medal was awarded to all service 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 one or more days with an organization participating in or directly supporting military operations. One bronze service star is authorized with the Vietnam Service Medal for each campaign during which a member was assigned or attached to and present for duty with a unit during the period in which it participated in combat. Campaign participation credit was awarded for the following relevant campaigns: * Vietnam Defense Campaign - 8 March 1965 - 24 December 1965 * Vietnam Counteroffensive - 25 December 1965 - 30 June 1966 * Vietnam Counteroffensive, Phase II - 1 July 1966 - 31 May 1967 5. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), 29 January 1988, listed the awards received by units serving in Vietnam. This pamphlet shows the units to which the applicant was assigned were awarded the: * Presidential Unit Citation in Department of the Army General Orders (DAGO) Number 59, 1968 * Valorous Unit Award in DAGO Number 1, 1969 * Meritorious Unit Commendation in DAGO Number 1, 1969 * Republic of Vietnam Gallantry Cross with Palm Unit Citation in DAGO 21, 1969 //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210011572 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1