IN THE CASE OF:	  

		BOARD DATE:  4 June 2013

		DOCKET NUMBER:  AR20120020892 


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

2.  The applicant states someone forgot to list the Purple Heart on his DD Form 214. 

3.  The applicant provides:

* DD Form 214
* Purple Heart Certificate, dated 8 September 1968
* Department of Veterans Affairs rating decision

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 20 February 1968.  He completed training and he was awarded military occupational specialty (MOS) 11B (light weapons infantryman).

3.  Headquarters, U.S. Army Training Center, Fort Lewis, WA, issued the following special orders (SO):

* SO Number 98, on 8 April 1968, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* SO Number 149, on 29 May 1968, awarded him the Marksman Marksmanship Qualification Badge with Automatic Rifle Bar (M-16)
* SO Number 169, on 18 June 1968, awarded him the Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60)

4.  He arrived in Vietnam on 15 July 1968 and was assigned to Company C, 1st Battalion, 5th Infantry Regiment, 25th Infantry Division, on 26 July 1968.  

5.  His records contain a Western Union telegram and an official Army message informing his next of kin that he was wounded in Vietnam on 3 September 1968 as a result of hostile action.  He received a gunshot wound to the leg while on combat operations when [his unit] engaged a hostile force in a firefight.  

6.  Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) shows he sustained a gunshot wound to the right leg on 3 September 1968.

7.  He departed Vietnam on 12 September 1968 in a patient status to the Medical Holding Detachment of the 106th General Hospital, and then on to the Medical Holding Detachment at Madigan General Hospital, Fort Lewis, WA.

8.  He was honorably released from active duty in the rank/grade of sergeant (SGT)/E-5 on 19 February 1970.  His DD Form 214 shows he completed 2 years of active service with no lost time.  It also shows he was awarded the National Defense Service Medal, Vietnam Service Medal, and "Expert (Rifle)" Badge.

9.  He submits a certificate, dated 8 September 1968, that shows he was awarded the Purple Heart for wounds received in action in Vietnam on 3 September 1968.

10.  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 United States Army Human Resources Command, failed to reveal any orders for the Purple Heart pertaining to the applicant.

11.  Army Regulation 600-200 (Enlisted Personnel Management), chapter 9, of the version in effect at the time, stated that 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.  A review of his service record shows no derogatory information that would disqualify him for the first award of the Army Good Conduct Medal.  Furthermore, item 38 (Record of Assignments) of his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his military service - except for an unknown rating while hospitalized.

13.  Army Regulation 672-5-1 (Military 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.

14.  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.  The Republic of Vietnam Campaign Medal with Device (1960) - also known as the Vietnam Campaign Medal - was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Individuals who qualified for award of the Vietnam Service Medal and served for less than 6 months of service but were wounded as a result of hostile action, were captured by hostile forces but later escaped or were rescued or released, or were killed in action or otherwise in line of duty, are also entitled to award of the Republic of Vietnam Campaign Medal with Device (1960).

	c.  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, 1 July - 1 November 1968 campaign. 

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 1st Battalion, 5th Infantry Regiment, was cited for award of the:

* Presidential Unit Citation, for service from 18 August to 20 September 1968, by Department of the Army General Orders (DAGO) Number 82, dated 1969
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period January 1966 through August 1968 by DAGO Number 48, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1966 through 21 January 1970 by DAGO Number 9, dated 1979

16.  Army Regulation 600-8-22 prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  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.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s service records contain a Western Union telegram as well as an official Army message confirming his injury on 3 September 1968 as a result of hostile action in Vietnam.  His DA Form 20 shows he sustained a gunshot wound to his right leg on 3 September 1968.  This injury is further corroborated by the certificate he provides that shows he was awarded the Purple Heart for wounds received in action on that same date.  Therefore, these documents are accepted as sufficient evidence to correct his DD Form 214 to show this award.

2.  The applicant held an infantry MOS and he was assigned to an infantry unit when his unit in Vietnam engaged the enemy and he was wounded by the enemy during a firefight while conducting combat operations.  He was personally present and performing his infantry duties while his unit engaged the enemy.  Therefore, he appears to have met the criteria for award of the Combat Infantryman Badge and should have his records corrected to show it. 
3.  His records show he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), Marksman Marksmanship Qualification Badge with Automatic Rifle Bar (M-16), and Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60).  His DD Form 214 listed the entry "Expert (Rifle)." As a matter of clarity, this entry should be removed and his three marksmanship badges should be added. 

4.  He was awarded the Vietnam Service Medal.  He also participated in one campaign during his service in Vietnam.  Therefore, his is entitled to a bronze service star for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show this bronze service star.

5.  Although he did not complete 6 months of service in Vietnam, he qualified for award of the Vietnam Service Medal and he was wounded as a result of hostile action.  Therefore, he is entitled to award of the Republic of Vietnam Campaign Medal with Device (1960) and correction of his DD Form 214 to show it.

6.  His unit in Vietnam was cited for award of the Presidential Unit Citation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of service in Vietnam.  Therefore, his DD Form 214 should be corrected to show these unit awards.

7.  He served honorably from 20 February 1968 through 19 February 1970.  He served in Vietnam, attained the rank/grade of SGT/E-5, and received "excellent" efficiency and conduct ratings throughout his military service, except while hospitalized.  His records contain no derogatory information that would have disqualified him from receiving the first award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award the applicant the Army Good Conduct Medal and correct his DD Form 214 to show this medal.

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:

* awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 20 February 1968 through 19 February 1970
* awarding him the Combat Infantryman Badge for action on 3 September 1968
* deleting from his DD Form 214 the "Vietnam Service Medal" and "Expert (Rifle)" 
* adding to his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Purple Heart
* Combat Infantryman Badge
* Vietnam Service Medal with one bronze service star
* Republic of Vietnam Campaign Medal with Device (1960)
* Presidential Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60)



      _______ _  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)                                         AR20120020892





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ABCMR Record of Proceedings (cont)                                         AR20120020892



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