IN THE CASE OF: BOARD DATE: 21 March 2023 DOCKET NUMBER: AR20220006742 APPLICANT REQUESTS: an update to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the following awards: * Combat Infantryman Badge * Bronze Star Medal * Purple Heart * Army Commendation Medal * any unit awards based on his service in Vietnam APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), 20 February 2020 * Self-authored statement, 20 February 2022 * Army Commendation Medal certificate, 16 May 1971 * Bronze Star Medal citation, 31 July 1971 * Bronze Star Medal certificate, 1971 * Purple Heart certificate, 1971 * DD Form 214, 14 December 1971 FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. 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 his service records are in error due to his medical evacuation in the Republic of Vietnam. His records were never updated prior to his evacuation, and he would like his DD Form 214 updated for benefit reasons. 3. The applicant’s service records are not available for review. An exhaustive search was conducted to locate the service records, but they could not be found. The only documents available were the documents provided by the applicant. These documents are sufficient for the Board to conduct a fair and impartial review of this case 4. The applicant was inducted into the Army of the United States on 8 April 1970. His DD Form 214 shows he held military occupational specialty 11B, Light Weapons Infantryman. 5. He provides: * A certificate reflecting award of the Army Commendation Medal on 16 May 1971 for meritorious achievement in Vietnam from 1 October 1970 to 31 March 1971. * A citation reflecting award of the Bronze Star Medal for service in connection with military operations in Vietnam from 1 September 1970 to 31 July 1971. * A certificate reflecting award of the Bronze Star Medal; however, information mentioned on the certificate is too light to read or illegible * A certificate reflecting award of the Purple Heart; however, information mentioned on the certificate is too light to read or illegible 7. There are no general orders on file, and he provides none to show he was awarded the aforementioned awards. Additionally, the applicant’s name is not reflected on the Republic of Vietnam Casualty Roster. 8. His DD Form 214 shows he was honorably released from active duty on 14 December 1970. His last unit of assignment was at Fort Ord, CA. He completed 1 year, 8 months, and 7 days of active service. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists the following awards: National Defense Service Medal, Vietnam Service Medal, and Vietnam Campaign Medal with Device. 9. Regulatory guidance states: a. There are basically three requirements for award of the Combat Infantryman Badge. The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat. b. The Bronze Star Medal and Army Commendation Medal require a formal recommendation, approval through the chain of command, and announcement in orders. c. The Purple Heart requires all elements of the award criteria to be met. There must be proof a wound was incurred as a result of enemy action, that the wound required treatment by medical personnel, and that the medical personnel made such treatment a matter of official record. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. The applicant’s service record is not available for review. He provides multiple certificates, some with no supporting general order, special orders, or permanent order, while others are illegible. Personal decorations require a formal recommendation, approval through the chain of command, and announcement in orders. The Purple Heat is announced in general orders. The Combat Infantryman Badge is announced in special orders. Without the orders, the certificates that the applicant submitted are insufficient by themselves to add the requested awards. If the applicant can provide the orders that awarded him these awards, he may resubmit his application t this Board for reconsideration. 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. REFERENCES: 1. Title 10, U.S. 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. Army Regulation 600-8-22 prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. Paragraph 3-19 states the Army Commendation Medal is awarded to any Servicemember 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. Award may be made to a member of the armed forces of a friendly foreign nation who, after 1 June 1962, distinguishes himself or herself by an act of heroism, extraordinary achievement, or meritorious service, which has been of mutual benefit to a friendly nation and the United States. b. Paragraph 3-16 states the Bronze Star Medal is awarded to any person who, while serving in any capacity in or with the Armed Forces of the United States, or a friendly foreign nation, after 6 December 1941, distinguished himself or herself by heroic or meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy; or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party. c. 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. d. Award of the Combat Infantryman requires three requirements: The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat. Specific requirements state, in effect, that an Army enlisted Soldier must have an infantry or special forces specialty and must have satisfactorily performed duty while assigned or attached as a member of an infantry, ranger, or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat. 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. 3. Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct. The ABCMR is not an investigative body and decides cases based on the evidence that is presented in the military records provided and the independent evidence submitted with the application. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220006742 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1