IN THE CASE OF: BOARD DATE: 7 June 2023 DOCKET NUMBER: AR20220010876 APPLICANT REQUESTS: in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 9 May 1967 to reflect he received the following awards: * Republic of Vietnam Campaign Medal (VCM) with 1960 Device * Korea Defense Service Medal (KDSM) * Purple Heart (PH) * Minnesota Korean War Medal APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 for the period ending 9 May 1967 * One page of his DA Form 20 (Enlisted Qualification Record) 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 states, in effect, he did not receive any of his medals on his DD Form 214, except for the AGCM, NDSM, and the VSM. He should have received the VCM, KDSM, and the PH, due to a stabbing wound he received in Cambodia. He has been asked to serve on the Honor Guard for military funerals. 3. The regulation governing preparation of the DD Form 214 only authorizes federal recognized awards. The Minnesota Korean War Medal is a State award and the Board will not considered this portion of his request. 4. A review of the applicant's service record shows: a. On 22 April 1965, he was inducted in the Army of the United States. b. General Orders Number 26, dated 17 April 1967, show he was awarded the AGCM (1st Award) for service from 14 May 1965 to 8 May 1967. c. DA Form 20 shows in: * Item 31 (Foreign Service): he served in: o Vietnam from 20 July 1966 through 25 November 1966, for a period of 4 months o Korea from 26 November 1966 through a date that is illegible * Item 40 (Wounds): no entry * Item 41 (Awards and Decorations): he received the following awards: o Marksman Marksmanship Qualification Badge o NDSM o VSM o AGCM (1st Award) d. DD Form 214 for the period ending on 9 May 1967 shows he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training). This document shows in: * Item 22a(1) (Net service This Period): 1 year, 11 months and 26 days * Item 22c (Foreign and/or Sea Service): U.S Army Pacific – 9 months and 19 days * Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized): o VSM o AGCM o NDSM e. The applicant’s records are void of orders of a PH and his name does not appear on the Vietnam casualty roster as sustaining an injury as a result of hostile action. f. 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 applicant was awarded the PH. g. The applicant is entitled to additional awards not listed on his DD Form 214. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found that partial 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 regulation. Upon review of the applicant’s petition and available military records the Board determined there is no medical record showing the applicant received wounds caused by enemy forces that required treatment by medical personnel. The burden of proof rest on the applicant and the applicant provided no new evidence to support his claim for award of the Purple Heart. The Board agreed there was insufficient evidence that showed the applicant’s name on the casualty listing or notification to his family that he had been wounded. There is no medical record showing the applicant received wounds caused by enemy forces that required treatment by medical personnel. 2. Furthermore, the Board determined that no documentation or supporting statements indicated the applicant had loss of consciousness or restriction from full duty for a period greater than 48 hours due to persistent signs, symptoms, or physical finding of impaired brain function as specified in the criteria for award of the Purple Heart. Per the regulatory guidance on awarding the Purple Heart, the applicant must provide or have in his service records substantiating evidence to verify that he was injured, 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. 3. The Board determined per regulatory guidance, the applicant must have served in the RVN for 6 months during the specified period or have served outside the geographical limits of the RVN and contributed direct combat support to the RVN and Armed Forces. Evidence shows the applicant served in the RVN for a period of 4 months, which does not meet the criteria for award of the Republic of Vietnam Campaign Medal (VCM) with 1960 Device. However, the Board determined there was sufficient evidence to support the award of the Korea Defense Service Medal (KDSM). Therefore, the Board granted partial relief. 4. 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 :x :x :x GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. In addition to the administrative notes annotated by the Analyst of Record (below the signature), 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 amending the applicant’s DD Form 214 for the period ending 9 May 1967 by adding in: Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized): Korea Defense Service Medal (KDSM). 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 award of the Purple Heart and the Republic of Vietnam Campaign Medal (VCM) with 1960 Device. 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): A review of the applicant’s records shows he is authorized an additional award not listed on his DD Form 214 for the period ending on 9 May 1967. As a result, amend his DD Form 214 by adding to item 24 (Awards) the following awards: * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Marksman Marksmanship Qualification Badge REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 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) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The KDSM is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the ROK. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. b. The RVN Campaign Medal with Device (1960) was awarded by the Government of the RVN to all members of the United States Armed Forces for qualifying service in Vietnam during the period 1 March 1961 to 28 March 1973. To qualify for the award, personnel must have served in the RVN for 6 months during the specified period, or have served outside the geographical limits of the RVN, and contributed direct combat support to the RVN and Armed Forces for 6 months, or have served, meeting one of the previous mentioned qualifications, for less than 6 months and have been wounded by hostile forces or captured by hostile forces, but later escaped, was rescued or released. c. Marksmanship qualification badge is awarded to indicate the degree – Expert, Sharpshooter, and Marksman – in which an individual has qualified in a prescribed record course. An appropriate bar is furnished to denote each weapon with which the individual has qualified. d. 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. e. A wound is defined as an injury to any part of the body from an outside force or agent sustained under one or more of the conditions listed above. A physical lesion is not required. However, the wound for which the award is made must have required treatment, not merely examination, by a medical officer. Additionally, treatment of the wound will be documented in the Service member's medical and/or health record. Award of the Purple Heart may be made for wounds treated by a medical professional other than a medical officer, provided a medical officer includes a statement in the Service member's medical record that the extent of the wounds was such that they would have required treatment by a medical officer if one had been available to treat them. f. When contemplating an award of the Purple Heart, the key issue that commanders must take into consideration is the degree to which the enemy caused the injury. The fact that the proposed recipient was participating in direct or indirect combat operations is a necessary prerequisite but is not the sole justification for award. 3. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units that served in the Republic of Vietnam. 17th Artillery, 2nd Battalion was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 1 August 1965 to 16 April 1971, as confirmed by Department of the Army General Order 54, dated 1974. 4. Army Regulation 635-5 (Separation Documents) in effect at the time, states that the DD Form 214 will reflect the conditions and circumstances that existed at the time the records were created. The purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge. It is important that information entered on the form be complete and accurate and reflects the conditions as they existed at the time of separation. Personnel officers will prepare and authenticate DD Form 214WS (Worksheet) prior to forwarding records to the transfer facility. All available records will be used as a basis for the preparation of DD Form 214WS, including DA Form 2-1 (Personnel Qualification Record) and orders. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220010876 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1