IN THE CASE OF: BOARD DATE: 3 March 2015 DOCKET NUMBER: AR20140012436 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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect the following awards earned during his service in Vietnam: * Bronze Star Medal * Purple Heart * Army Commendation Medal (2nd Award) * Combat Infantryman Badge 2. The applicant states these awards were missed when he was released from active duty. The award of the Purple Heart will change his status within the Department of Veterans Affairs (VA) medical system. 3. The applicant provides: * Army Commendation Medal Citation * transmittal letter for presentation of the Bronze Star Medal * USARV Form 157-R (Recommendation for Decoration for Valor or Merit) * DD Form 214 * two general orders (GO) 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 enlisted in the Regular Army on 25 April 1966. After completing initial training, he was awarded military occupational specialty (MOS) 63A (Mechanical Maintenance Helper). He served in Vietnam from 18 June 1967 to 19 June 1968. Following his service in Vietnam, he was stationed in Germany. The highest rank/grade held was sergeant/E-5. 3. Special Orders (SO) Number 26, dated 26 January 1968, issued by Headquarters, 4th Infantry Division, awarded the applicant MOS 11B (Light Weapons Infantryman). 4. His records contain a DD Form 1380 (U.S. Field Medical Card), dated 25 May 1968, which states his left hand was wounded during a firefight with the enemy. 5. GO Number 2170, dated 27 May 1968, issued by Headquarters, 4th Infantry Division, awarded the applicant the Army Commendation Medal for meritorious service during the period June 1967 to June 1968. 6. GO Number 4065, dated 19 July 1968, issued by Headquarters, 4th Infantry Division, awarded the applicant the Bronze Star Medal with "V" device for heroism. The citation reads, in part: For heroism in connection with military operations against an armed hostile force in the Republic of Vietnam. [Applicant] distinguished himself while serving as a Team Leader with Company E, 1st Battalion, 22d Infantry, 4th Infantry Division. On 25 May 1968, [applicant] was a member of a Long Range Patrol Team that was conducting a patrol west of Dak To, when the team came in contact with a numerically superior force of the North Vietnamese Army. As the enemy approached the patrol's position, the patrol was forced to withdraw to the helicopter pick-up zone. As the team reorganized, it was noticed that one radio was lost in the hasty withdrawal. [Applicant] volunteered to brave the enemy fire and return to the point of contact to retrieve the radio. As he reached the area, he spotted three enemy Soldiers. Exposing himself to the enemy with complete disregard for his own safety, he threw grenades to destroy the radio and the enemy. He was wounded by enemy grenades (emphasis added), but he nonetheless remained behind to provide cover for his comrades as they withdrew to the landing zone. 7. He was honorably released from active duty on 9 April 1969. His DD Form 214 does not show the Bronze Star Medal, Purple Heart, Army Commendation Medal, or Combat Infantryman Badge. It does show he was awarded or authorized the following: * Army Good Conduct Medal * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) * two overseas service bars 8. His DA Form 20 (Enlisted Qualification Record) shows the following: a. Item 31 (Foreign Service) shows he has qualifying service for two campaign periods: * Vietnam Counteroffensive , Phase IV (2 April 1968 to 30 June 1968) * Vietnam Counteroffensive , Phase V (1 July 1968 to 1 November 1968) b. Item 38 (Record of Assignments) shows he was assigned to two units while in Vietnam: * Headquarters and Headquarters Company, 1st Battalion, 22nd Infantry Regiment, 4th Infantry Division (14 July 1967 to 24 March 1968) * Company E, 1st Battalion, 22nd Infantry Regiment, 4th Infantry Division (25 March 1968 to 19 June 1968) c. Item 40 (Wounds) of his DA Form 20 is blank. d. Item 41 (Awards and Decorations) of his DA Form 20 does not show the Bronze Star Medal, Purple Heart, Army Commendation Medal, or Combat Infantryman Badge. 9. His name is not shown on the Vietnam casualty listing. This is a listing of Vietnam era casualties commonly used to verify entitlement to award of the Purple Heart. 10. 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 for either the Purple Heart, the Combat Infantryman Badge or Army Commendation Medal (2nd Award) pertaining to the applicant. Orders for the award of the Bronze Star Medal and Army Commendation Medal were found. 11. Army Regulation 600-200 (Enlisted Personnel Management System), chapter 9, 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 of the DA Form 20. This regulation further stated that the date the wound or injury occurred would also be placed in item 40. 12. Army Regulation 600-8-22 (Military Awards) states: a. 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. Examples of enemy-related injuries which clearly justify award of the Purple Heart are as follows: * injury caused by enemy bullet * shrapnel or other projectile created by enemy action * injury caused by enemy placed mine or trap * injury caused by enemy released chemical, biological, or nuclear agent * injury caused by vehicle or aircraft accident resulting from enemy fire and/or concussion injuries caused as a result of enemy generated explosions b. 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. c. 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. d. A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. 13. 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. Additionally, the award of the Combat Infantryman Badge is authorized for infantry personnel who were members of infantry platoons and squads in armored cavalry squadrons and regiments. 14. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. a. The 1st Battalion, 22nd Infantry Regiment was awarded, in Department of the Army General Orders (DAGO) 43, dated 1970, the Valorous Unit Award for the period 30 January 1968 to 12 February 1968. b. It also shows the 1st Battalion, 22nd Infantry Regiment was awarded, in DAGO 53, dated 1970, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 October 1966 to 31 October 1969. c. This pamphlet shows all units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on DAGO Number 8, dated 1974. DISCUSSION AND CONCLUSIONS: 1. The applicant's records contain GO which awarded him the Bronze Star Medal with "V" device and the Army Commendation Medal. These awards should be added to his DD Form 214. 2. The citation for the award of the Bronze Star Medal clearly states the applicant was wounded during an engagement with the enemy. Additionally, his records contain a DD Form 1380 which shows he was treated for wounds sustained during a firefight with the enemy. For award of the Purple Heart, the regulation requires wounds to have been sustained while in action against an enemy, received medical treatment, and that this treatment was made a matter of official record. The applicant meets these criteria and should therefore be awarded the Purple Heart. 3. His records do not contain orders awarding him the Combat Infantryman Badge. The citation for his Bronze Star Medal with "V" device, however, offers definitive evidence he met the criteria for this award. He held the MOS of 11B and he served in active ground combat while assigned to an infantry unit. He should therefore be awarded the Combat Infantryman Badge as a matter of equity, and his DD Form 214 should be amended accordingly. 4. Records show the applicant has qualifying service for two campaigns and his DD Form 214 should be amended to show the Vietnam Service Medal with two bronze service stars. 5. His unit was awarded the Valorous Unit Award, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation. Therefore, these three awards should also be added to his DD Form 214. 6. Regarding a second award of the Army Commendation Medal, there is insufficient evidence to grant him his request due to lack of official orders announcing the second award. Therefore, this request should be denied. 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 all Department of the Army records of the individual concerned be corrected by: a. Deleting from his DD Form 214 the Vietnam Service Medal. b. Awarding the applicant the Purple Heart for wounds received on 25 May 1968. c. Awarding the applicant the Combat Infantryman Badge for service on 25 May 1968. d. Adding the following to his DD Form 214: * Bronze Star Medal with "V" device * Purple Heart * Army Commendation Medal * Combat Infantryman Badge * Vietnam Service Medal with two bronze service stars * Valorous Unit Award * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Republic of Vietnam Gallantry Cross with Palm Unit Citation 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 correcting the applicant's DD Form 214 to show the Army Commendation Medal (2nd Award). _______ _ _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) AR20140012436 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140012436 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1