BOARD DATE:	  15 November 2012

		DOCKET NUMBER:  AR20120014389 


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 Purple Heart and correction of his
DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show this award.

2.  The applicant states he was wounded in combat in Vietnam in December 1967; however, the Purple Heart was never awarded.

3.  The applicant provides:

* DD Form 214
* DA Form 8-274 (Medical Condition - Physical Profile Record), dated
23 December 1967
* Letter from the National Personnel Records Center (NPRC), St. Louis, MO, dated 1 August 2012
* Statement from a medical doctor concerning his current medical condition

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
17 November 1966.  He completed training and he was awarded military occupational specialty 11B (light weapons infantryman).

3.  He served in Vietnam from 29 April 1967 to 29 February 1968.  He was assigned to Company A, 2nd Battalion, 12th Cavalry, 1st Cavalry Division.

4.  He was honorably released from active duty on 2 March 1968 in the rank/grade of specialist four (SP4)/E-4 by reason of hardship.  He completed
1 year, 3 months, and 16 days of active service with no time lost.  The DD Form 214 he was issued shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Air Medal
* One overseas service bar

5.  Review of The Adjutant General's Office, Casualty Division's Vietnam casualty listing shows the applicant's name is listed as a casualty on 6 November 1967 under casualty status code "23."  This casualty code refers to "hostile wounded in action, not serious, hospitalized."

6.  He provides a DA Form 8-274, dated 23 December 1967, that shows he was issued a temporary physical profile due to a fragment wound to the left thigh.

7.  His records do not contain general orders awarding him the Purple Heart.  Additionally, 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 orders for the Purple Heart pertaining to the applicant.

8.  A review of his record reveals no derogatory information or a commander's disqualification that would preclude the applicant from being recommended for or awarded the first award of the Army Good Conduct Medal.  Furthermore, item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his service.

9.  Army Regulation 600-8-22 (Military Awards) states:

	a.  The Purple Heart is awarded for a wound sustained while in action against and 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.

	b.  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 following three campaigns:

* Vietnam Counteroffensive Phase, 1 July 1966 - 31 May 1967
* Vietnam Counteroffensive Phase III, 1 June 1967 - 29 January 1968
* Tet Counteroffensive, 30 January - 1 April 1968

10.  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 that during his assignment to 2nd Battalion,
12th Cavalry, this unit was cited for awards of the:  

* Presidential Unit Citation for the period 2 January through 12 February 1968 by Department of the Army General Orders (DAGO) Number 42, dated 1970
* Valorous Unit Award for the period 1 through 31 October 1967 by DAGO Number 39, dated 1970
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 9 August 1965 through 9 May 1969 by DAGO Number 59, dated 1969

11.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a 

qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s name is listed on the Vietnam casualty roster as having been wounded as a result of enemy action on 6 November 1967.  Furthermore, he provides a copy of a physical profile he was issued on 23 December 1967 that shows he suffered a fragment wound to the left thigh.  There is sufficient evidence to show he was wounded in action and treated for his wounds.  Therefore, it would be appropriate at this time to award him the Purple Heart for wounds received in action on 6 November 1967 and to correct his DD Form 214 to show this award.

2.  The evidence shows he participated in three campaigns during his service in Vietnam.  Therefore, his is entitled to three 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.

3.  His unit in Vietnam was cited for award of the Presidential Unit Citation, Valorous Unit Award, and Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of service in Vietnam.  Therefore, his DD Form 214 should be corrected to show these unit awards.

4.  He served honorably during the period 17 November 1966 through 2 March 1968.  He served in Vietnam, he was awarded multiple awards, and he received all "excellent" conduct and efficiency ratings throughout his service.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award him the Army Good Conduct Medal (1st Award) based on completion of qualifying period of service ending with the termination of a period of Federal military service and correct his records to show this award.

BOARD VOTE:

___x_____  ___x_____  __x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* deleting from his DD Form 214 the Vietnam Service Medal
* awarding him the Purple Heart for wounds received in action on
6 November 1967
* awarding him the Army Good Conduct Medal (1st Award) for the period
17 November 1966 through 2 March 1968
* adding to his DD Form 214 the:

* Purple Heart
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with three bronze service stars
* Presidential Unit Citation
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation



      __________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)                                         AR20120014389



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120014389



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1