BOARD DATE: 30 May 2013 DOCKET NUMBER: AR20120019545 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests the following awards be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge): * Combat Infantryman Badge * Purple Heart * Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation * Valorous Unit Award * Vietnam Service Medal with four bronze service stars * Army Good Conduct Medal 2. He states: a. he was assigned to Company C, 3rd Battalion, 21st Infantry Regiment, 196th Light Infantry Brigade (LIB), Americal Division as an M-60 machine gunner from October 1968 to October 1969. b. he was injured on 13 May 1969 in Tam Ky. c. his company was in combat numerous times during the 12 months he was in the RVN. d. the RVN Gallantry Cross Palm Unit Citation and the Valorous Unit Award were awarded to his unit after his honorable discharge. e. he was involved with the Counteroffensive Phase V, Counteroffensive Phase VI, Tet 69/Counteroffensive, and Summer-Fall 1969 campaigns and is entitled to four "battle stars" (currently known as bronze service stars) on his Vietnam Service Medal. 3. He provides his DD Form 214, a self-authored statement, a letter of support, a listing of Unit Citations Awarded "Vietnam" to the 23rd Infantry Division (Americal) and Assigned Units, and a listing of U.S. Offensives and Named Campaigns in the Vietnam War. CONSIDERATION OF EVIDENCE: 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 Army Board for Correction of Military Records (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. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant was inducted into the Army of the United States on 30 April 1968. He completed training and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman). The highest rank/grade he attained was sergeant (SGT)/E-5. 3. His DA Form 20 (Enlisted Qualification Record) shows in: a. item 31 (Foreign Service) he served in the RVN from 16 October 1968 through 15 October 1969. b. item 38 (Record of Assignments) he performed the duties of a Light Weapons Infantryman in duty MOS 11B while assigned to Company C, 3rd Battalion, 21st Infantry Regiment, 196th LIB in the RVN from 1 November 1968 through 10 October 1969. c. item 38 no entry indicating he was placed in a patient status. d. item 38 he received all "excellent" conduct and efficiency ratings. e. item 40 (Wounds) no entry. f. item 41 (Awards and Decorations) no entry for award of the Combat Infantryman Badge, Purple Heart, RVN Gallantry Cross with Palm Unit Citation, Valorous Unit Award, and Army Good Conduct Medal. 4. His service record contains general orders published by Headquarters, Americal Division: a. General Orders Number 3864, dated 21 May 1969, awarded him the Bronze Star Medal with "V" Device for heroism on 18 March 1969. These orders describe his valorous combat actions, but do not indicate he was wounded as a result of hostile action. b. General Orders Number 9382, dated 14 September 1969, awarded him the Bronze Star Medal (First Oak Leaf Cluster) for the period October 1968 to October 1969. 5. His service record is void of medical documents which indicate he was wounded as a result of hostile action. 6. His service record does not include orders for award of the Combat Infantryman Badge, Purple Heart, or Army Good Conduct Medal. The Vietnam Casualty Roster does not list his name. 7. He was honorably released from active duty on 6 February 1970 in the rank/grade of SGT/E-5. He completed 1 year, 9 months, and 7 days total active service with no days of lost time. His service record is void of any disciplinary actions or a commander's disqualification that would have precluded him from being recommended for and awarded the first award of the Army Good Conduct Medal. 8. The DD Form 214 he was issued at the time shows award of the: * National Defense Service Medal * Vietnam Service Medal * RVN Campaign Medal with Device (1960) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * Bronze Star Medal and Bronze Star Medal (First Oak Leaf Cluster) * Two Overseas Service Bars * Expert Marksmanship Qualification Badge with Rifle (M-16) and Machine Gun (M-60) Bars 9. He provided a self-authored statement in support of his claim. He stated: a. he was drafted into the Army, completed basic training and advanced individual training, and was sent to Vietnam with Company C, 3rd Battalion, 21st Infantry Regiment, 196th LIB, 23rd Americal Division. b. his unit was engaged in numerous combat missions while he was in the unit from October 1968 to October 1969. He can remember being in battles in Phu Bai, Thein Phuc, Tam Ky, and in Quang Tin Province. He was surprised and angry when he noticed the Combat Infantryman Badge wasn't on his DD Form 214. c. he was engaged in a major battle in Tam Ky during the Battle for Nui Yon Hill, he was wounded on 13 May 1969, and he refused to go on the MEDEVAC (medical evacuation) because he knew his men would need his M-160 machine gun fire power to survive. Their medic picked shrapnel out of his head and body and applied first aid. After the battle was over, he was sent to the 312th Evacuation Hospital. He was told he was healing well from his wounds so he was sent back to his unit. d. he should have received the Purple Heart, but he never received it. e. his unit was involved in another battle in August 1969. They were sent to recover bodies from an area where a helicopter crew was shot down. They were successful in recovering the bodies, but they suffered casualties also. 10. He provided a letter of support from a former fellow Soldier who was the combat medic for his unit in the RVN. He attested: a. he was an eyewitness and combat medic who administered first aid to the applicant. b. the applicant sustained shrapnel wounds to the head and body from a rocket propelled grenade (RPG). c. the applicant was protecting him with his M-60 machine gun as he went into the "Kill zone" several times to extract wounded Soldiers who had gone down near the enemy's front lines. The applicant moved closer where he was tending the wounded and an RPG exploded near his position causing several metal projectiles to strike him. d. the applicant continued to assault the enemy which allowed him to save several other Soldiers. Without the applicant's fire support he would not have been able to get the men to safety and would have lost his own life, too. e. the applicant was more than a hero, but he was willing to give his life for the well-being of his comrades. It's only proper that he be honored and awarded the Purple Heart for his sacrifice. 11. 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 Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the Purple Heart pertaining to the applicant. 12. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. This pamphlet shows that during his period of assignment, the 3rd Battalion, 21st Infantry Regiment, was cited for award of the: * Valorous Unit Award for actions during the period 13 May through 17 June 1969 by Department of the Army General Order (DAGO) Number 43, dated 1972 * RVN Gallantry Cross with Palm Unit Citation for the period 16 April through 28 August 1969 by DAGO Number 6, dated 1974 13. Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, service medals and ribbons, combat and special skill badges, unit decorations, and similar devices awarded in recognition of accomplishments. It states the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS. They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size. 14. Army Regulation 600-8-22 provides the Purple Heart is awarded for a wound sustained 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. 15. Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal. It states that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in. Appendix B shows that during his service in Vietnam, the applicant participated in the Vietnam Counteroffensive Phase V, Vietnam Counteroffensive Phase VI, Tet 69/Counteroffensive, and Vietnam Summer - Fall 1969 campaigns. 16. Army Regulation 672-5-1 (Awards), in effect at the time, stated 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. There must have been no convictions by a court-martial. DISCUSSION AND CONCLUSIONS: 1. The evidence of record shows the applicant completed infantry training and he was awarded MOS 11B. He was assigned to Company C, 3rd Battalion, 21st Infantry Regiment, 196th Light Infantry Brigade (LIB), Americal Division as a Light Weapons Infantryman during his tour of duty in the RVN. 2. General orders show he was awarded the Bronze Star Medal with "V" Device and the Bronze Star Medal (First Oak Leaf Cluster). However, his DD Form 214 shows the Bronze Star Medal and the Bronze Star Medal (First Oak Leaf Cluster). Therefore, it would be appropriate to amend his DD Form 214 to show two awards of the Bronze Star Medal, one with "V" Device. 3. Based on Army Regulation 600-8-22, award of the Combat Infantryman Badge requires service in an infantry MOS in an infantry unit engaged in active ground combat with the enemy. His award of the Bronze Star Medal with "V" Device clearly shows he was engaged in active ground combat with the enemy while assigned to his infantry unit in the RVN. Therefore, there is sufficient evidence to show he met all of the requirements for award of the Combat Infantryman Badge and he is entitled to award of the Combat Infantryman Badge and correction of his DD Form 214 to show this badge. 4. The applicant contends he was injured on 13 May 1969 in Tam Ky. Unfortunately, his service record is void of evidence and he has not provided any evidence that shows he was wounded as a result of hostile action and treated for those wounds. A review of ADCARS failed to reveal any orders for award of the Purple Heart pertaining to the applicant. 5. The statement from the former combat medic is acknowledged. However, this evidence alone is insufficient as a basis to grant award of the Purple Heart in this case. 6. By regulation, in order to award the Purple Heart, it is necessary to establish that a Soldier was wounded in action, the wound required treatment by medical personnel, and the treatment must have been made a matter of official record. In the absence of evidence that shows he was wounded or injured as a result of hostile action, there is an insufficient basis upon which to base award of the Purple Heart in this case. 7. During his assignment in Vietnam, his unit was cited for award of the Valorous Unit Award and the RVN Gallantry Cross with Palm Unit Citation. Therefore, his DD Form 214 should be corrected to show these unit awards. 8. He participated in four campaign phases during his service in the RVN. Therefore, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars. 9. His service record does not show he was disqualified from receiving the first award of the Army Good Conduct Medal for the period 30 April 1968 through 6 February 1970. He was promoted to SGT/E-5 and he received all "excellent" conduct and efficiency ratings throughout his service. Therefore, he should be awarded the Army Good Conduct Medal (1st Award) for the period 30 April 1968 through 6 February 1970 and his DD Form 214 should be corrected to show this award. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ___x_____ ___x_____ _x____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that the DD Form 214 of the individual concerned be corrected by: a. deleting the Vietnam Service Medal, Bronze Star Medal (First Oak Leaf Cluster), and Bronze Star Medal from item 24; b. awarding him the Army Good Conduct Medal (1st Award) for the period 30 April 1968 through 6 February 1970; c. awarding him the Combat Infantryman Badge for actions on 18 March 1969; and d. amending item 24 by adding award of the Combat Infantryman Badge, Valorous Unit Award, RVN Gallantry Cross with Palm Unit Citation, Vietnam Service Medal with four bronze service stars, Army Good Conduct Medal (1st Award), and Bronze Star Medal with "V" Device and with First Oak Leaf Cluster. 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 Purple Heart. _______ _ x _______ ___ CHAIRPERSON 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. ABCMR Record of Proceedings (cont) AR20120019545 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120019545 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1