IN THE CASE OF: BOARD DATE: 13 April 2022 DOCKET NUMBER: AR20210014696 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). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), 30 August 2021 * DA Form 4090-10 (Purple Heart Medal Certificate), 3 September 1966 * DD Form 214, 27 September 1968 * VA Form 21-22 (Appointment of Veterans Service Organization as Claimant's Representative), 24 August 2021 FACTS: 1. The applicant's records contain sufficient evidence to support administrative corrections to his DD Form 214 without Board action: a. in item 24, award of: * Two bronze service stars to his previously issued Vietnam Service Medal * Valorous Unit Award * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60) b. in item 30 (Remarks) – "Service in Vietnam: 29 April 1966 to 9 November 1966, Indochina: yes, Korea: no" 2. The Board will consider his request for award of the PH and as separate issues, his authorization for award of the Army Good Conduct Medal and Combat Infantryman Badge. 3. On 30 September 1965, he enlisted in the Regular Army for a period of 3 years. 4. He completed basic combat training at Fort Polk and was awarded military occupational specialty 11B (Light Weapons Infantryman). 5. Special Orders issued by: * Headquarters (HQ), Fort Polk, 16 November 1965, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * HQ, Fort Ord, 20 January 1966, awarded him the Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60). 6. He completed service in Vietnam from 29 April 1966 to 9 November 1966 and he was assigned to Company A, 2nd Battalion, 8th Cavalry Regiment, 1st Cavalry Division, Vietnam. 7. Special Orders issued by HQ, U.S. Army Vietnam, 9 September 1966, assigned him as a medical evacuee to MHD, 106th General Hospital, Vietnam. 8. Special Orders issued by HQ, 6th Special Forces Group, Fort Bragg, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16). 9. His DA Form 20 shows: a. an entry in item 40 (wounds) for metal fragments in left shoulder and left leg, 3 September 1966; and b. he received "excellent" conduct and efficiency ratings with one period in which he was rated "good." 10. On 27 September 1968, he was honorably released from active duty and transferred to control of the U.S. Army Reserve. His DD form 214 shows no non-pay periods and no record of any time lost. 11. An unsigned copy of an official statement issued on 21 January 1970 by the Adjutant General of the Army shows he was entitled to award of the PH for wounds received in action on 3 September 1966. 12. His records are void of orders awarding him the PH, Army Good Conduct Medal, Combat Infantryman Badge, and no record of any disciplinary action taken under the provisions of Article 15 of the Uniform Code of Military Justice. 13. A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the U.S. Army Human Resources Command Military Awards Branch, failed to reveal any orders for the PH pertaining to the applicant. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was warranted. The Board carefully considered the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulations. One potential outcome was to deny relief due to insufficient evidence showing award of the purple heart. However, upon review of the applicant’s petition and available military records the Board majority determined there was sufficient evidence to grant award of the Purple Heart. Evidence supports awarding of the Purple Heart to the applicant based upon entry in item 40 (wounds) for metal fragments in left shoulder and left leg, 3 September 1966 and shows he was treated by military medical personnel. In addition, there was sufficient evidence that the applicant met the criteria for award of the Combat Infantryman Badge (CIB): he served as an Infantryman in MOS 11B (Light Weapons Infantryman).in Company A, 2nd Battalion, 8th Cavalry Regiment, 1st Cavalry Division, Vietnam. 2. Furthermore, the Board determined the applicant's service record did not reflect he was awarded the Army Good Conduct Medal (1st award) for exemplary service and his record shows he received "excellent" conduct and efficiency ratings throughout his service. Based on this, the Board granted relief to award the Purple Heart, Combat Infantryman Badge, and the Army Good Conduct Medal. 3. 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 : X X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING X : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of Army records on his DD Form 214 for the period ending 27 September 1968 of the individual concerned be corrected by adding in * item 24 ((Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized- Purple Heart and Combat Infantryman Badge and * awarding him the Army Good Conduct Medal (1st Award) for exemplary service from 30 September 1965 to 27 September 1968 and adding the medal to his DD Form 214 for the period ending 27 September 1968 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 contain sufficient evidence to support administrative corrections to his DD Form 214 in: a. item 24, for award of: * Two bronze service stars to his previously issued Vietnam Service Medal * Valorous Unit Award * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60) b. item 30 (Remarks) – "Service in Vietnam: 29 April 1966 to 9 November 1966, Indochina: yes, Korea: no." REFERENCES: 1. Army Regulation 15-185 prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR considers individual applications that are properly brought before it. The ABCMR will decide cases on the evidence of record. It is not an investigative body. The ABCMR begins its consideration of each case with the presumption of administrative regularity. 2. Army Regulation 600-8-22 (Military Awards) prescribes Department of the Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. It provides that the Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action. Substantiating evidence must be provided to verify the wound was the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record. The Purple Heart differs from all other decorations in that an individual is not "recommended" for the decoration; rather, he or she is entitled to it upon meeting specific criteria. A Purple Heart is authorized for the first wound suffered under conditions indicated above; an oak leaf cluster is awarded to be worn on the medal or ribbon for each subsequent award. 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. The Army Good Conduct Medal is awarded to on a selective basis to each Soldier who distinguishes himself or herself from among his or her fellow Soldiers by exemplary conduct, efficiency, and fidelity throughout a specified period of continuous enlisted active Federal military service. There is no right or entitlement to the medal until the immediate commander has approved the award and the award has been announced in permanent orders. (1) The periods of service of qualifying service are: (1) each 3 years completed on or after 27 August 1940; (2) for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; (3) 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; (4) for the first award only, upon termination of service on or after 27 June 1950 of less than 1 year when final separation was by reason of physical disability incurred in line of duty; or (5) for the first award only, for those individuals who died before completing 1 year of active Federal military service or if the death occurred in the line of duty. (2) Throughout a qualifying period of service, the enlisted Soldier's character must have been above reproach and must meet all of the following criteria for award of the Army Good Conduct Medal as indicated in the Soldier's record: willingly complied with the demands of the military environment, been loyal and obedient to his or her superiors, faithfully supported the goals of his or her organization and the Army, and conducted himself or herself in an exemplary manner as to distinguish him or her from fellow Soldiers. c. The CIB is awarded to infantry or special forces officers and enlisted and warrant officer persons who have an infantry or special forces MOS. They must have served in active ground combat while assigned or attached to an infantry, ranger, or special forces unit of brigade, regimental, or smaller size. Specifically, a recipient must be personally present and under hostile fire while serving in an assigned infantry or special forces primary duty in a unit actively engaged in ground combat with the enemy. The unit in question must be a brigade, regiment, or smaller size. For example, personnel possessing an infantry MOS in a rifle squad of a cavalry platoon in a cavalry troop would be eligible for award of the CIB. Battle or campaign participation credit alone is not sufficient; the unit must have been in active ground combat with the enemy during the period. Personnel with other than an infantry or special forces MOS are not eligible, regardless of the circumstances. d. U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provided for award of the CIB during the Vietnam era. Appendix V stated the CIB was awarded only to enlisted individuals who held and served in MOS 11B (Infantryman), 11C (Indirect Fire Infantryman), 11D (Armor Reconnaissance Specialist), 11F (Infantry Operations and Intelligence Specialist), 11G (Infantry Senior Sergeant), or 11H (Infantry Direct Fire Crewman). e. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register (January 1960 – February 1986)), in effect at the time, shows Company A, 2nd Battalion, 8th Cavalry Regiment, 1st Cavalry Division, was awarded the: * Valorous Unit Award by Department of the Army General Orders (DAGO) Number 43, 1970, for service on 9 August 1967 * Republic of Vietnam Gallantry Cross with Palm Unit Citation by DAGO Number 59, 1969, for the period 9 August 1965 to 19 May 1969 //NOTHING FOLLOWS//