BOARD DATE:	  10 April 2014

		DOCKET NUMBER:  AR20130013950 


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 award of the Army Commendation Medal (ARCOM) (2nd Award), Air Medal (AM), Pathfinder Badge, and Purple Heart (PH) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  

2.  He states:

* He received these awards
* He performed the duties of a Pathfinder while serving in Vietnam
* He was injured while performing duties as a Pathfinder

3.  He provides:

* DD Form 214
* Air Medal orders, certificate, and citation
* Combat Infantryman Badge orders
* ARCOM orders, certificate, and citation
* ARCOM (1st Oak Leaf Cluster) orders and certificate
* Department of Veterans Affairs (VA) Rating Decision
* Three letters of support
* Standard Form 180 (Request Pertaining to Military Records)
* Personal statement



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 1 November 1968.  The highest rank/grade he attained was specialist four (SP4)/E-4.

3.  His DA Form 20 (Enlisted Qualification Record) shows in:

   a.  Item 31 (Foreign Service) he served in Vietnam from 8 July 69 to 7 July 1970.
   
   b.  Item 38 (Record of Assignments) no record of the applicant being hospitalized in a patient status at any time.
   
   c.  Item 38 he performed duties as a Pathfinder from 9 February to 3 July 1970 in duty military occupational specialty (MOS) 11B2P (Light Weapons Infantryman).
   
   d.  Item 38 he was assigned to Headquarters and Headquarters Company (HHC), 11th Aviation Group, 1st Cavalry Division (Airmobile) from 12 July 1969 to 3 July 1970.
   
   e.  Item 38, he received all "excellent" conduct and efficiency ratings throughout his service.
   
   f.  Item 40 (Wounds) no entries.
   
   g.  Item 41 (Awards and Decorations) no entries for award of the ARCOM (2nd Award), AM, Pathfinder Badge, or PH.
   
   h.  Item 41 entries for award of the National Defense Service Medal, Parachutist Badge, Vietnam Service Medal, ARCOM, Combat Infantryman Badge, Overseas Service Bar, Marksman Marksmanship Qualification Badge with Automatic Rifle Bar (M-16), 2nd Class Marksmanship Qualification Badge with Machinegun Bar (M-60), and Expert Marksmanship Qualification Badge with Rifle Bar.

4.  Headquarters, 1st Cavalry Division (Airmobile), Special Orders Number 25, dated 25 January 1970, show he was attached to the 3rd Brigade to provide pathfinder support.  

5.  He provided the following award orders published by Headquarters, 1st Cavalry Division (Airmobile): 

	a.  General Orders Number 7463, dated 11 May 1970, ARCOM for meritorious service from July 1969 to July 1970.

	b.  General Orders Number 6868, dated 19 May 1970, AM for meritorious achievement while participating in aerial flight in the Republic of Vietnam from July 1969 to March 1970.

	c.  Special Orders Number 150, dated 30 May 1970, Combat Infantryman Badge for action on 5 April 1970.

	d.  General Orders Number 11924, dated 6 July 1970, ARCOM (1st Oak Leaf Cluster) for meritorious achievement from 26 April to 6 May 1970.  

6.  His service record does not contain orders that show he was awarded the PH and the Vietnam Casualty Roster does not list his name.  

7.  His service record is void of evidence which indicates he completed the Pathfinder Course or orders that show he was awarded the Pathfinder Badge.  

8.  He was honorably released from active duty on 7 July 1970 in the rank of SP4/E-4.  He completed 1 year, 8 months, and 7 days of active service with no time lost.  His service record does not contain a commander's disqualification for the first award of the Army Good Conduct Medal.

9.  His DD Form 214 shows award of the:

* Parachutist Badge
* Combat Infantryman Badge
* ARCOM
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Two Overseas Service Bars
* National Defense Service Medal
* Vietnam Service Medal

10.  His service record is void of medical documentation showing he was wounded as a result of hostile action during his tour in Vietnam.  

11.  He provided letters of support from his former fellow Soldiers who attested:

	a.  Major (Retired) S.E.C., Special Forces, former Team Sergeant of Team 1, 11th Pathfinder Company, 1st Cavalry Division in South Vietnam stated that  on 21 January 1970 the applicant and another Soldier were wounded in a massive mortar and rocket attack on Fire Support Base/Landing Zone (LZ) Jamie.  He stated he submitted both for award of the PH because he was their Pathfinder Team Sergeant.  The other Soldier received his PH, but unfortunately the applicant didn't receive his PH award.  

	b.  Sergeant (Retired) D.L.B. stated that he and the applicant were performing their duties on 21 January 1970 as a two-man Pathfinder team with the South Vietnamese Airborne Unit on a forward LZ, called LZ Jamie in the Republic of Vietnam.  He described the incident in which the fire base received a heavy barrage of mortar and rocket fire, he suffered a traumatic amputation of his right leg and multiple fragment wounds to his lower right leg, and the applicant assisted in bandaging his wounds while also performing his duties as a Pathfinder until a medic arrived.  The applicant never had his wounds treated while he remained on the LZ.  Their Team Sergeant submitted recommendations for them to receive the PH.  He received his award, but the applicant didn't receive his award. 

	c.  T.R.P. states his former Pathfinder Team Sergeant took him in a helicopter to LZ Jamie to replace another Soldier who was severely wounded during a rocket and mortar in the early hours of 21 January 1970 on LZ Jamie.  He and the Pathfinder Team Sergeant noticed the applicant was wounded in the same rocket and mortar attack.  The Pathfinder Team Sergeant had the Army of the Republic of Vietnam (ARVN) medics treat the applicant again and later took the applicant back to Tay Ninh for additional medical treatment.

12.  He also provided a personal statement in support of his claim for benefits in which he attested:

	a.  He was on active duty in the Army from 1 November 1968 to 7 July 1970, he was assigned to HHC, 11th Aviation Group, 1st Air Cavalry Division (Airmobile).  His MOS was 11B2P and he was assigned as a Pathfinder.
	b.  He listed his awards and indicated the ARCOM (1st Oak Leaf Cluster) and AM were not listed on his DD Form 214.  He stated he has the original paperwork on these last two awards.

	c.  He described the events that occurred in early 1970 on LZ Hazard in which he and another Pathfinder secured the area, set up a perimeter, got a ground attack that night, and killed many enemy soldiers.

	d.  He also described events that occurred in late 1969 on LZ Vicky.  While working with South Vietnam Soldiers, they got rocketed and mortared in the base.  Another Soldier was wounded and he medically evacuated him.  He received some shrapnel in his right leg, but he didn't get any medical attention.  

	e.  He described events that occurred on 22 September 1969 where he was supposed to go on a night jump, but another Soldier was sent in his place.  He was sent to an LZ.  During the jump that night, the other Soldier landed in a bomb crater and drowned.

13.  He provided his VA Rating Decision, dated 11 August 2004, which shows his evaluation of Post-Traumatic Stress Disorder was increased from 30 percent to 50 percent, effective 19 Mach 2004.

14.  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 Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the PH pertaining to the applicant.

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the unit to which the applicant was assigned was cited for award of the:

	a.  Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1969 to 1 February 1970 by Department of the Army General Order (DAGO) Number 42, dated 1972.

	b.  Valorous Unit Award for the period 1 May to 29 June 1970 by DAGO Number 43, dated 1972.



	c.  Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period May 1969 to February 1970 by DAGO Number 11, dated 1973.

16.  Army Regulation 600-8-22 (Military Awards) states award of the Pathfinder Badge requires successful completion of the Pathfinder Course conducted by the U.S. Army Infantry School.  Any person previously awarded the Pathfinder Badge for completion of Pathfinder training is authorized award of the Pathfinder Badge.  The Pathfinder Badge may be approved by the Commandant, U.S. Army Infantry School.

17.  Army Regulation 600-8-22 states the PH 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.  

18.  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 Summer - Fall 1969, Vietnam Winter - Spring 1970, Sanctuary Counteroffensive, and Vietnam Counteroffensive Phase VII campaigns.  

19.  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 applicant was awarded the ARCOM for meritorious service from July 1969 to July 1970 and it is recorded on his DD Form 214.  However, general orders show he was later awarded the ARCOM (1st Oak Leaf Cluster), indicating a second award, for meritorious achievement from 26 April to 6 May 1970.  


Therefore, it would be appropriate to amend his DD Form 214 to show this award.

2.  General orders show he was awarded the AM for meritorious achievement while participation in the aerial flight in the Republic of Vietnam from July 1969 to March 1970.  Therefore, this award should be added to his DD Form 214.  

3.  The evidence of record shows he performed duties as a Pathfinder during his assignment in Vietnam; however, his service record is void of evidence and he has not provided any evidence which shows he completed the Pathfinder Course or was awarded the Pathfinder Badge.  Therefore, there is insufficient evidence on which to correct his DD Form 214 to show the Pathfinder Badge.

4.  In his personal statement, the applicant contends he was injured while performing duties as a Pathfinder in late 1969 on LZ Vicky.  However, his service record is void of medical documents which show he was wounded as a result of hostile action, his name is not listed on the Vietnam Casualty Roster, a review of ADCARS failed to reveal any orders for award of the PH pertaining to the applicant.

5.  The letters from his former fellow Soldiers were carefully acknowledged.  However, all three of these statements indicated he was wounded on 21 January 1970 on LZ Jamie.  

6.  By regulation, in order to be awarded the PH, 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.  
However, 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 or treated for those wounds.  And the supporting statements alone are insufficient as a basis to grant the applicant award of the PH in this case.

7.  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 PH in this case.

8.  His unit in Vietnam was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Valorous Unit Award, and Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of 


assignment.  Therefore, his DD Form 214 should be corrected to show these unit awards.

10.  He participated in four campaign phases during his service in Vietnam.  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.

11.  His service record does not show he was disqualified from receiving the first award of the Army Good Conduct Medal for the period 1 November 1968 through 7 July 1970.  He was promoted to SP4/E-4 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 1 November 1968 through 7 July 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 all Department of the Army records of the individual concerned be corrected by:

   a.  deleting the Vietnam Service Medal and ARCOM from his DD Form 214;
   
   b.  awarding him the Army Good Conduct Medal (1st Award) for the period 1 November 1968 through 7 July 1970; and
   
   c.  amending his DD Form 214 by adding award of the ARCOM (1st Oak Leaf Cluster), AM, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Vietnam Service Medal with four bronze service stars, and Army Good Conduct Medal (1st Award).  

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 Pathfinder Badge and PH being added to his DD Form 214.  



      _______ _ 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)                                         AR20130013950





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ABCMR Record of Proceedings (cont)                                         AR20130013950



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