IN THE CASE OF: BOARD DATE: 22 February 2023 DOCKET NUMBER: AR20220006885 ON BEHALF OF THE FORMER SERVICE MEMBER (FSM), THE APPLICANT REQUESTS: correction to the FSM’s DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to reflect the following: * Award the Purple Heart Medal * Award of the Combat Infantry Badge * Add the Vietnamese Cross of Gallantry with Palm Unit Citation * Add the Vietnamese Civil Actions Medal, First Class Unit Citation APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * FSM’s death certificate * FSM’s obituary * Applicant’s mother’s death certificate * Applicant’s birth certificate * Photocopy of Combat Infantryman Badge (CIB) orders * Vietnamese Cross of Gallantry with Palm Unit Citation and Vietnamese Civil Actions Medal, First Class Unit Citation authorization * Medical Record extract * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) 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, in effect, his father (FSM) was never awarded the requested medals, nor were they reflected on the FSM’s DD Form 214. He would like the DD Form 214 so that he can have the correct information reflected on the FSM’s grave marker. 3. The applicant provides: a. The FSM’s death certificate and obituary, his mother’s death certificate, and his birth certificate to establish and certify that he is the FSM’s next of kin (NOK). b. Photocopy of CIB orders, which contain the FSM’s standard name line. c. Vietnamese Cross of Gallantry with Palm Unit Citation and Vietnamese Civil Actions Medal, First Class Unit Citation authorization, issued by the Department of the Army, the Chief of Military History and Center of Military History, dated 15 December (unknown year), which reflects the unit the FSM was assigned to for the period of service from 9 July 1967 to 8 January 1969 is authorized the two said unit citations. d. Medical Record extract (one page), dated 27 May 1976, which shows the FSM was admitted to ward 3 North via Ambulatory. The paper also contains a sketch of a male, with a note stating, “bullet hole from VeitN.” e. DD Form 214, which shows the FSM was honorably transferred to the U.S. Army Reserve on 9 April 1970, under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 2, separation program number (SPN) 201, expiration of term of service. He served 3 years net service this period. Item 24 (Decorations, Medals, Commendations, Citations and Campaign Ribbons Awarded or Authorized) show the following: * National Defense Service Medal * Vietnam Service Medal, with 1 Silver Star * Republic of Vietnam Campaign Medal * Parachutist Badge * Bronze Star Medal * Army Commendation Medal * Air Medal * Expert (Rifle) * Expert (M-60 MG) 4. A review of the FSM’s service record shows: a. He enlisted in the Regular Army on 10 April 1967, as a 11B4O (Light Weapons Infantryman). b. DA Form 20 shows the following: * Item 31 (Foreign Service): 1 April 1968 – 1 April 1969, U.S. Army Pacific (USARPAC) Vietnam * Item 38 (Record of Assignments): 12 April 1968, C Company, 1st Battalion, 327th Infantry, USARPACItem 40 (Wounds): Blank * Item 41 (Awards and Decorations): National Defense Service Medal, Expert Badge (M14 rifle), Expert (M-60), Parachutist Badge, Vietnam Service Medal, Republic of Vietnam Campaign Medal with device 1960, Army Commendation Medal, 2 Overseas Bars, Air Medal, Bronze Star Medal c. He was honorably transferred to the USAR on 9 April 1970. 5. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active-duty service, or control of the Active Army. 6. Army Regulation (AR) 672-5-1 (Decorations and Awards), in effect at the time, prescribes Army policy, criteria, and administrative instructions concerning individual military awards. 7. His name is not listed on the Department of the Army Office of the Adjutant General Casualty Division Casualty Reference Name Listing for the period 1 January 1961 through 30 June 1973, a battle and non-battle listing of Soldiers who were killed, wounded, sick, captured, or missing during their service in Vietnam. 8. 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 Awards and Decorations Branch, did not reveal orders for award of the Purple Heart. 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 former service member (FSM) record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulations. Upon review of the applicant’s FSM’s petition and available military records the Board determined there was insufficient evidence to grant award of the Purple Heart. The Board found no medical record showing the FSM received wounds caused by enemy forces that required treatment by medical personnel while in Vietnam. The FSM has no medical documentation showing a loss of consciousness nor that shows he was restricted from duty for a period equaling 48 hours or more. Therefore, the applicant did not meet the requirements for award of the Purple Heart. However, the Board found the 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 10 April 1967 to 9 April 1970. Based on this the Board determined partial relief was warranted and granted relief for correction of the applicant’s record to show award of the Army Good Conduct Medal. 2. 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. 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. 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 Former Service Member DD Form 214 for the period ending 9 April 1970 to show award the Army Good Conduct Medal (1st Award) for exemplary service from 10 April 1967 to 9 April 1970. and adding the medal to his DD Form 214 for the period ending 9 April 1970. 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. 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 record shows his DD Form 214, Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), should be amended as follows: (add) Combat Infantryman Badge (add) Vietnamese Cross of Gallantry with Palm Unit Citation (add) Vietnamese Civil Actions Medal, First Class Unit Citation 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 672-5-1 (Decorations and Awards) prescribes Army policy, criteria, and administrative instructions concerning individual military awards. It also provides: a. The Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty (MOS). They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size. Additionally, Appendix V of U.S. Army Vietnam (USARV) Regulation 672-1 states that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H. b. Paragraph 6-8h states, the Vietnam Service Medal is awarded for combat service in Vietnam, one bronze service star for each campaign. c. Appendix – Campaigns, Service Requirements, and Inscriptions Prescribed for Streamers reflect the Vietnam War as follows: * Vietnam Advisory Campaign, 15 March 1962 – 7 March 1965 * 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 * *Vietnam Counteroffensive, Phase lll, 1 June 1967 – 29 January 1968 * *Tet Counteroffensive, 30 January 1968 – 1 April 1968 * Vietnam Counteroffensive, Phase IV. 2 April 1968-30 June 1968 * Vietnam Counteroffensive, Phase V. 1 July 1968-1 November 1968 * Vietnam Counteroffensive, Phase VI. 2 November 1968 – 22 February 1969 * Tet 69 Counteroffensive. 23 February 1969 – 8 June1969 3. Army Regulation 600-8-22 (Military Awards) prescribes Department of the Army policy, criteria, and administrative instructions concerning individual and unit military awards. Paragraph 1-14 of this regulation states, except for award recommendations submitted in accordance with the provisions of Section 1130, Title 10, United States Code (10 USC 1130), which is outlined below, each recommendation for an award of a military decoration must be entered administratively into military channels within 2 years of the act, achievement, or service to be honored, with the exception of the Medal of Honor, Distinguished Service Cross, and Distinguished Service Medal. An award recommendation will be considered to have been submitted into military channels when it has been signed by the initiating officer and endorsed by a higher official in the chain of command. However, pursuant to 10 USC 1130, a Member of Congress can request consideration of a proposal for the award or presentation of decoration (or the upgrading of a decoration), either for an individual or unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy. Based upon such review, the Secretary of the Army will make a determination as to the merit of approving the award or presentation of the decoration and other determinations necessary to comply with congressional reporting requirements under 10 USC 1130. a. 10 USC 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 1130, you must submit a DA Form 638 (Recommendation for Award), a copy of which is enclosed. b. The DA Form 638 should clearly identify your unit, the period of assignment, and the award being recommended. A narrative of the actions or period for which you are requesting recognition must accompany the DA Form 638. In addition, your 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. c. 10 USC 1130 also requires that a request of this nature be referred to the Service Secretary from a Member of Congress. Therefore, you must submit your request through a Member of Congress who will send it to the United States Army Human Resources Command, ATTN: 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 requestor. 4. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active-duty service, or control of the Active Army. Paragraph 2–1 (Preparing the DD Form 214) states, the DD Form 214 is a summary of a Soldier’s most recent period of continuous active duty. It provides a brief, clear-cut record of active-duty service at the time of release from active duty, retirement, or discharge. a. Paragraph 2-1 states, Personnel officers will prepare and authenticate DD Form 214WS (Worksheet) prior lo 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 20 (Enlisted Qualification Record), DA Form 66 (Officer Qualification Record), and orders. b. Paragraph 2-41 (Item 24) states, enter from section 9, DA Form 20 (Enlisted Qualification Record) all decorations. service medals, campaign credits, and badges awarded or authorized omitting authorities cited therein. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220006885 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1