IN THE CASE OF:	  

		BOARD DATE:	  20 June 2013

		DOCKET NUMBER:  AR20120021473 


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 add the Purple Heart.

2.  The applicant states he was awarded the Purple Heart for wounds he received in Vietnam in 1968, along with the Bronze Star Medal with "V" Device, which is listed on his DD Form 214.  He did not notice his Purple Heart had been omitted from his DD Form 214.  When he was separated from active duty he was told his records were lost.  

3.  The applicant provides:

* DD Form 214
* Department of Veterans Affairs (VA) rating decision, dated 15 August 2012
* Letter, Disabled American Veterans, National Service Office, dated 
16 November 2012

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 16 October 1967.  He completed basic combat and advanced individual training and was awarded military occupational specialty 11C (Infantry Indirect Fire Crewman).  The highest rank/grade he attained while serving on active duty was specialist four/E-4.

3.  Special Orders (SO) Number 341, issued by Headquarters, U.S. Army Training Center, Armor, Fort Knox, KY, on 7 December 1967 awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).

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

	a.  in items 31 (Foreign Service) and 38 (Record of Assignments) he was assigned to:

* Vietnam from 8 April 1968 to 18 June 1968 and served with Company A, 1st Battalion, 327th Infantry Regiment from 19 April 1968 to 9 June 1968
* Fort Riley, KS, Army hospital, in a patient status from 30 July 1968 to 
13 August 1968
* Fort Carson, CO and served with Headquarters and Headquarters Company, 2nd Mechanized Battalion, 61st Infantry Regiment from 
3 September 1968 to 2 September 1969

	b.  in item 40 (Wounds), on 19 May 1968, he received multiple fragment wounds to his left shoulder, right thumb, and both legs.

	c.  in item 41 (Awards and Decorations) he was awarded or authorized:

* National Defense Service Medal
* Vietnam Service Medal
* First Class Gunner Marksmanship Qualification Badge with Mortar Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar

5.  His record contains a medical profile, dated 28 July 1968, which shows he received multiple fragment wounds to his left shoulder and both legs.

6.  He accepted non-judicial punishment (NJP) under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ) on:

* 15 February 1969, for failing to report to formation
* 27 June 1969, for failing to personally deliver mail to an individual while serving as mail clerk

7.  His record contains a disposition form, dated 10 June 1969, wherein his company commander stated his conduct and efficiency were “excellent.”

8.  Review of The Adjutant General's Office, Casualty Division's Vietnam casualty listing shows the applicant's name is listed as a casualty on 19 May 1968 under casualty status code "23."  This casualty code refers to "hostile wounded in action."

9.  A review of the Awards and Decorations Computer Assisted Retrieval System maintained by the U.S. Army Human Resources Command (HRC), 
which is an index of general or special orders issued during the Vietnam era between 1965 and 1973, failed to reveal any orders for the Purple Heart pertaining to the applicant.

10.  He was honorably released from active duty on 2 September 1969.  His DD Form 214 shows he completed 1 year, 10 months, and 17 days of net active service, of which 2 months and 11 days were credited as foreign service.  This form also shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal with one bronze service star

11.  Army Regulation 600-200 (Enlisted Personnel Management System), chapter 9, stated 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.  Army Regulation 600-8-22 (Military Awards), states:

	a.  the Purple Heart is awarded for a wound sustained while in action against an 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) 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 six months are qualified for the Republic of Vietnam Campaign Medal with Device (1960) if they were wounded as a result of hostile action.

13.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows 1st Battalion, 327th Infantry Regiment was cited for award of the:

* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 18 March 1968 to 2 May 1970, DA General Orders (DAGO) Number 48, dated 1971 
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 20 July 1965 to 28 March 1973, DAGO Number 8, dated 1974

14.  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.  Item 40 of his DA Form 20 shows, while serving in Vietnam, he sustained shrapnel wounds as a result of hostile action.  His injuries were confirmed with the entry on the Vietnam casualty roster.  Therefore, he is entitled to correction of his DD Form 214 to add this award.

2.  SO awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) and the First Class Gunner Marksmanship Qualification Badge with Mortar Bar.  Therefore, he is entitled to correction of his DD Form 214 to add these badges.

3.  He met the criteria for award of the Republic of Vietnam Campaign Medal with Device (1960) because he was awarded the Vietnam Service Medal and was wounded as a result of hostile action.  Therefore, he is entitled to correction of his DD Form 214 to add this award.

4.  GO awarded his unit in Vietnam the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period of his assignment; therefore, he is entitled to correction of his DD Form 214 to add these unit awards.

5.  He served honorably during the period 16 October 1967 through 
2 September 1969.  He received two instances of NJP for minor infraction; however, his records do not contain any other derogatory information in the form of lost time or suspension of favorable personnel actions that would disqualify him for the first award of the Army Good Conduct Medal.  Additionally, there are no entries in his record to indicate that his commander denied him this award and he received “excellent” conduct and efficiency ratings.  It appears he met the criteria for this award.  Therefore, he is entitled to the award of the Army Good Conduct Medal and correction of his DD Form 214 to show it.  

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.  awarding him the:

* Army Good Conduct Medal (1st Award) for the period 16 October 1967 through 2 September 1969
   b.  adding to his DD Form 214:

* Purple Heart
* Army Good Conduct Medal (1st Award) 
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class 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)                                         AR20120021473





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ABCMR Record of Proceedings (cont)                                         AR20120021473



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