IN THE CASE OF: BOARD DATE: 13 July 2022 DOCKET NUMBER: AR20220000472 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer of Discharge), for the period ending 21 August 1970, to show award of the: * Combat Infantryman Badge * Purple Heart * Army Commendation Medal APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Excerpt of DA Form 20 (Enlisted Qualification Record) * DD Form 214, ending on 21 August 1970 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. Sufficient evidence is contained in the applicant's records to administratively correct his DD Form 214 to show the following awards without Board action. * Vietnam Service Medal with three bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation 3. The applicant states that he was unaware the Combat Infantryman Badge and Purple Heart were missing from his DD Form 214. The Purple Heart was awarded for a gunshot wound to his right leg on 31 July 1969. In addition, he believes he is eligible for the Army Commendation Medal. 4. The applicant's service record shows: a. On 22 November 1968, the applicant enlisted in the Regular Army. b. The applicant served in Vietnam during the period of 10 May 1969 to 10 November 1969 and he participated in three campaigns while assigned to: * 23rd Administration Company Replacement Detachment * D Company, 1st Battalion, 52nd Infantry Regiment, 198th Infantry Brigade * Medical Holding Company, 106th General Hospital c. DA Form 20 shows in: (1) Item 22 (Military Occupational Specialties (MOS)) – the applicant's Primary MOS was 11B (Light Weapons Infantryman). (2) Item 40 (Wounds) – the applicant sustained a gunshot wound to his right leg on 31 July 1969. (3) Item 41 (Awards and Decorations) – * National Defense Service Medal * Vietnam Service Medal * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) d. DD Form 214, ending on 21 August 1970, shows the applicant was honorably released from active duty. (1) Item 22b (Total Active Service) – 1 year, 9 months, and 0 days. (2) Item 22c (Foreign and/or Sea Service) – 0 years, 6 months, and 1 day. (3) Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar e. The available evidence is void of orders awarding the applicant the Purple Heart, Army Commendation Medal or Combat Infantryman Badge. 5. By regulation (AR 672-5-1), the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active service, 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 and there must be no convictions by a court-martial. 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. 6. A review of the Awards and Decorations Computers-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal orders for award of the Purple Heart, Army Commendation Medal or Combat Infantryman Badge 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 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 regulations. The Army has an interest in maintaining the integrity of its records for historical purposes. The information in those records must reflect the conditions and circumstances that existed at the time the records were created. The governing regulation provides that at separation the service member’s record will be used to enter accurate information when completing their DD Form 214. Upon review of the applicant’s petition and available military records, the Board determined applicant's service record did not reflect he was awarded the Army Good Conduct Medal (1st Award) and his record shows he received "excellent" conduct and efficiency ratings throughout his service for the period of 22 November 1968 to 21 August 1970. 2. The Board agreed there was sufficient evidence presented to show the applicant served in the military occupational specialty of 11B (Light Weapons Infantryman) and was wounded by hostile engagement with the enemy. Based on this, the Board granted relief for award of: * Army Good Conduct Medal for exemplary service from 22 November 1968 to 21 August 1970 and adding the medal to his DD Form 214 * Combat Infantryman Badge * Purple Heart 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 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 his DD Form 214 for the period ending 21 August 1970 by awarding him: * Army Good Conduct Medal (1st Award) for exemplary service from 22 November 1968 to 21 August 1970 and adding the medal to his DD Form 214 * Combat Infantryman Badge * Purple Heart 2. The Board further determined that 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 Army Commendation Medal. 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 his DD Form 214, for the period ending 21 August 1970, by: a. Deleting the Vietnam Service Medal. b. Adding the following awards: * Vietnam Service Medal with three bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation 2. A review of the records listed below (enclosed) is sufficient to substantiate correction of the DD Form 214 without action by the Board. * DA Form 20 (Enlisted Qualification Record) * DD Form 214 * Department of the Army General Orders (DAGO) Number 8, dated 1974 * Army Regulation 600-8-22 3. Please correct the applicant's DD Form 214 by amending it as shown in paragraph 1a and b above and provide the applicant a copy of the corrections. Please ensure that the corrections are recorded in the applicant's official military personnel record. REFERENCES: 1. Title 10, USC, 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. Army Regulation (AR) 600-8-22 (Military Awards) provides Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. b. A Soldier must meet the following three requirements for award of the Combat Infantryman Badge: (1) Be an infantryman satisfactorily performing infantry duties. (2) Be assigned to an infantry unit during such time as the unit is engaged in active ground combat. (3) Actively participate in such ground combat. Campaign or battle credit alone is not sufficient for award of the Combat Infantryman Badge. 3. Army Regulation 672-5-1 (Decorations, Awards, and Honors), in effect at the time, states: a. The Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H. b. The Purple Heart was 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 records of medical treatment for wounds or injuries received in action must have been made a matter of official record. For the purpose of considering an award of this decoration, a "wound" is defined as an injury to any part of the body from an outside force or agent sustained under enemy, opposing armed force, or hostile foreign action. A physical lesion is not required, provided the concussion or other form of injury is directly due to enemy, opposing armed force, or hostile foreign action. All personnel treated and released from a military treatment facility within 24 hours would be awarded the Purple Heart by the organization to which the individual was assigned. Personnel requiring hospitalization in excess of 24 hours or evacuation from Vietnam would be awarded the Purple Heart directly by the hospital commander rendering treatment. c. 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 600-200 (Enlisted Personnel Management System), chapter 9 of the version in effect at the time, stated a brief description of wounds or injuries (including injury from gas) requiring medical treatment received through hostile or enemy action, including those requiring hospitalization would be entered in item 40 (Wounds) of the DA Form 20. This regulation further stated that the date the wound or injury occurred would also be placed in item 40. 5. Title 10, USC, section 1130 allows the Service Secretary concerned to review a proposal for the award of, or upgrading of, a decoration that is otherwise precluded from consideration by limitations established by law or policy. In order to request an award under Title 10, USC, section 1130, the applicant must submit a DA Form 638 (Recommendation for Award). The DA Form 638 should clearly identify the applicant's unit, the period of assignment, and the award being recommended. A narrative of the actions or period for which the applicant is requesting recognition must accompany the DA Form 638. In addition, the applicant's award request should be supported by sworn affidavits, eyewitness statements, certificates, and related documents. Corroborating evidence is best provided by commanders, leaders, and fellow Soldiers who had personal (i.e., eyewitness) knowledge of the circumstances and events relative to the request. 6. Title 10, USC, section 1130 also requires that a request of this nature be referred to the Service Secretary from a Member of Congress. Therefore, the applicant must submit their request through a Member of Congress who will send it to the U.S. Army Human Resources Command, ATIN: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122. The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rest with the requester. If the applicant should choose to pursue the award requested by submitting a request under the provisions of Title 10, USC, section 1130, and the request is subsequently denied by the U.S. Army Human Resources Command, the applicant may reapply to the ABCMR. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220000472 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1