IN THE CASE OF:	 

		BOARD DATE:	  28 May 2015

		DOCKET NUMBER:  AR20140016071 


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, through his Member of Congress, reconsideration of his earlier request for correction of his records to show award of the Army Commendation Medal (ARCOM) and Purple Heart (PH).  

2.  As new issues he requests correction of his record to show, in effect:

* "Army Sea Medal"
* marksmanship badges for the M-16 Rifle and hand grenade
* Vietnam service and the unit awards he is entitled to receive as a result of this service

3.  The applicant states the awards in question are not included in his record.

4.  The applicant provides:

* Email, dated 26 August 2014
* Privacy Release Form
* Congressional Tasker, dated 27 August 2014
* ARCOM order and citation
* Army Board for Correction of Military Records (ABCMR) Record of Proceedings, dated 29 April 2014
* ABCMR Letter, dated 1 May 2014



CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20130015380 on 29 April 2014.

2.  The applicant submitted Headquarters, U.S. Army Support Command Cam Ranh Bay, General Orders Number 479, dated 24 June 1970, which announced his award of the ARCOM for meritorious service in the Republic of Vietnam (RVN) from June 1969 to June 1970.  This document was not previously reviewed and as such is new evidence which warrants consideration by the Board.

3.  The applicant enlisted in the Regular Army on 2 August 1968 and he held military occupational specialty 61B (Water Craft Operator).

4.  His DA Form 20 (Enlisted Qualification Record) shows he served in the RVN from 17 June 1969 to 16 June 1970, while assigned with the 97th Transportation Company.  Item 40 (Wounds) contains no entry and item 41 (Awards and Decorations) does not include the PH among its list of awards.

5.  He was honorably released from active duty in the rank/grade of specialist four/E-4 on 16 June 1970.  His DD Form 214, as corrected by a DD Form 215 (Correction to DD Form 214), dated 24 June 2014, shows the:

* National Defense Service Medal
* Vietnam Service Medal with three bronze service stars
* RVN Campaign Medal
* RVN Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* 2 Overseas Service Bars

6.  The applicant's Official Military Personnel File (OMPF) includes Headquarters, U.S. Army Transportation School, Special Orders Number 92, dated 8 May 1969, which shows he qualified "expert" with the M-16 Rifle.  His OMPF does not include an order or any other evidence to shows he qualified with the hand grenade, or that he earned any additional awards while serving on active duty.

7.  A review of The Adjutant General's Office, Casualty Division's Vietnam casualty listing does not show the applicant's name as a casualty.


8.  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 PH pertaining to the applicant.

9.  During the original deliberations of this case, the Board awarded the applicant the RVN Gallantry Cross with Palm Unit Citation and added three bronze services stars to his Vietnam Service Medal, which resulted in the issuance of a DD Form 215 previously mentioned above in paragraph 6.

10.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.

   a.  Paragraph 2-8 contains the regulatory guidance pertaining to awarding the PH.  It states the PH is awarded to any member who has been wounded or killed in action.  A wound is defined as an injury to any part of the body from an outside force or agent sustained under conditions defined by this regulation.  In order to support awarding a member the PH, it is necessary to establish that the wound for which the award is being made required treatment by a medical officer.  This treatment must be supported by records of medical treatment for the wound or injury received in action and must have been made a matter of official record.
   
   b.  Paragraph 5-7 contains guidance on the Army Sea Duty Ribbon (ASDR).  It is awarded to members of the active Army, Army National Guard, and U.S. Army Reserve for completion of designated periods of sea duty aboard Class A and Class B United States Army Vessels as defined in Army Regulation 56–9, table 1–1.  The ASDR is also authorized to be awarded for duty aboard other qualifying vessels when the vessels meet the requirements of Army Regulation 600–88, paragraph 1–7.  Active duty members must complete two years of cumulative sea duty on a Class A or B USAV or for duty aboard other qualifying vessels when such vessels meet the requirements of Army Regulation 600–88, paragraph 1–7, to be awarded the ASDR.  Subsequent awards are authorized upon completion of additional two years of cumulative sea duty as outlined above.

11.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It confirms that during the applicant's tenure of assignment in the RVN, his unit (97th Transportation Company) earned the RVN Gallantry Cross with Palm Unit Citation and no other RVN service or unit awards.


DISCUSSION AND CONCLUSIONS:

1.  The evidence provided by the applicant was not available for review with his original case.  He now provides an official order awarding him the ARCOM for meritorious service while in the RVN.  His OMPF also contains an official order that confirms he qualified "expert" with the M-16 Rifle.  His DD Form 214 should be corrected to show the Expert Marksmanship Qualification Badge with M-16 Rifle Bar.

2.  The criteria for the PH requires the submission of substantiating evidence to verify that the injury/wound was the result of hostile action, the injury/wound must have required medical treatment by medical personnel, and the medical treatment must have been made a matter of official record.  The applicant failed to provide any such evidence and his service record is void of orders showing he was awarded the PH or that he was wounded or injured as a result of combat.  His name is not listed on the Vietnam casualty roster.  Absent evidence to confirm the applicant satisfied the criteria for award of the PH, there remains insufficient evidence to award the applicant the PH.

3.  Based on the applicant's RVN service, the Board previously awarded him the VSM and RVN Gallantry Cross with Palm Unit Citation.  He earned no additional RVN service awards and Army Pamphlet 672-3 confirms his unit earned no unit awards during his tour in the RVN.  In addition, his OMPF does not contain any evidence to show he qualified with the hand grenade.  Accordingly, his contention of entitlement to additional service and unit awards and a hand grenade weapons qualification badge cannot be confirmed by the evidence of record.  Therefore, this portion of the requested relief cannot be granted at this time.

4.  In respect to the applicant's request for the "Army Sea Medal," this is taken to mean the ASDR.  There is no evidence of record and he provided no evidence to show he completed 2 years of cumulative sea duty aboard a qualifying vessel during his tenure on active duty to satisfy the regulatory requirement for this award.  As a result, there is no basis for granting this portion of the requested relief.


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 partial amendment of the ABCMR’s decision in Docket Number AR20130015380, dated 29 April 2014.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

   a.  amending the applicant's DD Form 214 by adding the Army Commendation Medal and Expert Marksmanship Qualification Badge with
M-16 Rifle Bar; and

	b.  issuing his a document to reflect the above awards.

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 PH, additional service and unit awards, the hand grenade weapons qualification badge, and the "Army Sea Medal" or ASDR.



      _______ _   _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)                                         AR20140016071



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ABCMR Record of Proceedings (cont)                                         AR20140016071



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