IN THE CASE OF:	  

		BOARD DATE:	  2 July 2013

		DOCKET NUMBER:  AR20120021149 


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 his award of the Purple Heart.

2.  The applicant states he was wounded in action in Vietnam and he received medical treatment for the wound; however, the Purple Heart is not recorded on his DD Form 214.

3.  The applicant provides copies of his DD Form 214 and a DA Form 8-275-3 (Clinical Record Cover Sheet), dated 13 July 1967.

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 4 October 1966.  He was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 31 (Foreign Service) service in Vietnam from 20 March 1967 through 19 March 1968;

	b.  item 33 (Appointments and Reductions) he was promoted to sergeant (SGT)/E-5 on 4 January 1968;

	c.  item 38 (Record of Assignments) while serving in Vietnam he was assigned to Company C, 2nd Battalion, 14th Infantry, 25th Infantry Division from 27 March 1967 through 10 March 1968;

	d.  item 40 (Wounds) the entries:

* fragment wounds - both arms, 4 July 1967
* concussion - head, 16 February 1968

4.  General Orders Number 788, issued by Headquarters, 25th Infantry Division, dated 23 February 1968, awarded the applicant the Purple Heart (1st oak leaf cluster) for wounds received in action on 16 February 1968.

5.  On 3 October 1968, the applicant was honorably released from active duty.  He completed 2 years of total active service.  The DD Form 214 he was issued at the time shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* two Overseas Service Bars
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

6.  Review of The Adjutant General's Office, Casualty Division's Vietnam casualty roster shows the applicant's name is listed twice as a casualty, as follows:

* 4 July 1967, casualty status code "23" (wounded in action, not serious, hospitalized)
* 16 February 1968, casualty status code "24" (wounded in action, not serious, not hospitalized)
7.  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 additional orders for the Purple Heart pertaining to the applicant.

8.  In support of his request the applicant provides a copy of a DA Form 8-275-3 (Clinical Record Cover Sheet) that shows he received medical treatment for an open wound sustained from mortar fragments on 4 July 1967 and he was discharged from the medical facility on 13 July 1967.  Item 25 (Selected Administrative Data) contains the entry "Purple Heart awarded per General Order Number 111, 4 July 1967, Headquarters, 24th Evacuation Hospital, Long Binh, Vietnam."

9.  A review of the applicant's military personnel record reveals he may be entitled to additional awards that are not shown on his DD Form 214.

10.  Special Orders Number 9, issued by Headquarters, 3rd Training Brigade, Fort Jackson, SC, dated 19 January 1967, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar
(M-16).

11.  General Orders Number 660, issued by Headquarters, 25th Infantry Division, dated 16 February 1968, awarded the applicant the Bronze Star Medal for meritorious service in the Vietnam.

12.  A review of the applicant's military personnel record failed to reveal any evidence he was awarded the Army Good Conduct Medal (1st Award).

	a.  Item 38 of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his military service.

	b.  A DA Form 137 (Installation Clearance Record) for the period 22 April 1968 to 3 October 1968 shows the Commander, D Troop, 1st Squadron,
6th Armored Cavalry Regiment, Fort George G. Meade, MD, rated the applicant's conduct and efficiency as "excellent" and he also recommended him for award of the Army Good Conduct Medal.

	c.  A review of the applicant's military personnel record failed to reveal evidence of any disciplinary actions, adverse information, or a commander's disqualification that would have precluded him from being recommended for or awarded the for the Army Good Conduct Medal (1st Award). 

13.  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.  

14.  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 2nd Battalion, 14th Infantry, was cited for award of the:

* RVN Gallantry Cross with Palm Unit Citation for the period April 1966 through August 1968 by Department of the Army General Order (DAGO) Number 48, dated 1971
* RVN Civil Actions Honor Medal First Class Unit Citation for the period
20 April 1966 through 21 January 1970 by DAGO Number 51, dated 1971

15.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states 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 II (1 July 1966 - 31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967- 29 January 1968)
* Tet Counteroffensive (30 January - 1 April 1968)

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show his award of the Purple Heart.

2.  Records show the applicant was wounded in action in Vietnam on 4 July 1967 and 16 February 1968, and he received medical treatment for his wounds.  The evidence of record further shows that General Orders Number 111, dated 4 July 1967, and General Orders Number 788, dated 23 February 1968, awarded him the respective Purple Hearts.  Therefore, it would be appropriate at this time to correct his DD Form 214 to show the Purple Heart (2nd Award).

3.  General orders awarded the applicant the Bronze Star Medal.  Therefore, his DD Form 214 should be corrected to show this award.

4.  The applicant served a period of continuous honorable active duty enlisted service from 4 October 1966 through 3 October 1968.  He received all "excellent" conduct and efficiency ratings during his period of service.  He was promoted to SGT/E-5 with only 15 months of active service and he received the Bronze Star Medal for meritorious service during his tour of duty in the RVN.  There is no evidence of any disciplinary actions, adverse information, or a commander's disqualification for the first award of the Army Good Conduct Medal.  Furthermore, on 3 October 1968, his company commander recommended him for award of the Army Good Conduct Medal.  Based on the available evidence, it would be appropriate at this time to award the applicant the Army Good Conduct Medal (1st Award) for the period 4 October 1966 through 3 October 1968 and to correct his DD Form 214 to show this award.

5.  The applicant participated in three campaigns that entitle him to three bronze service stars for wear on his already-awarded Vietnam Service Medal.  Therefore, his DD Form 214 should be corrected to show these bronze service stars.

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

7.  Special orders awarded him the Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar (M-16).  Therefore, his DD Form 214 should be corrected 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:

	a.  deleting from his DD Form 214 the Vietnam Service Medal;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period
4 October 1966 through 3 October 1968;

	c.  adding to his DD Form 214 the:

* Bronze Star Medal
* Purple Heart (2nd Award)
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with 3 bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar (M-16)



      _______ _   _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)                                         AR20120021149



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ABCMR Record of Proceedings (cont)                                         AR20120021149



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