IN THE CASE OF:	  

		BOARD DATE:	    27 August 2013

		DOCKET NUMBER:  AR20130001915 


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 award of the Purple Heart and Bronze Star Medal (BSM) with "V" Device.

2.  The applicant states he desires to obtain a Purple Heart vehicle license plate.

3.  The applicant provides orders awarding him the BSM.

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 in Louisville, Kentucky, on 10 November 1965.  He completed basic training at Fort Knox, Kentucky, and advanced individual training as an infantry indirect fire crewman at Fort Polk, Louisiana, before being transferred to Vietnam on 21 April 1966.

3.  He was assigned to Company A, 4th Battalion, 9th Infantry Regiment, 25th Infantry Division, for duty as an ammunition bearer and assistant gunner.

4.  On 1 June 1967, General Orders Number 2177 issued by Headquarters, 25th Infantry Division, awarded the applicant the BSM with "V" Device for heroism against a hostile force on 26 February 1967.  The citation states, "When all members of his squad were killed or wounded by a direct hit, [the applicant], although himself wounded, continued to fire his 60mm mortar…[the applicant] continued to resist the enemy until he was rendered unconscious by an exploding recoilless rifle round."

5.  On 4 March 1967 after serving in two campaigns, he was evacuated from Vietnam and was subsequently transferred to a hospital at Fort Campbell, Kentucky.

6.  On 23 May 1967, he was transferred to Fort Knox where he remained until he was honorably released from active duty on 9 November 1967.  He completed 2 years of total active service.  His DD Form 214 shows he was awarded or authorized the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, Marksman Marksmanship Qualification Badge with Rifle Bar, and Combat Infantryman Badge.

7.  A review of the Vietnam casualty listing does not show the applicant's name and his official records do not contain any entries regarding his wounds or orders awarding him the Purple Heart.  However, his separation medical examination contains entries documenting his shrapnel wounds in Vietnam in February 1967.

8.  A review of his official records shows he had "excellent" conduct and efficiency ratings throughout his service and there is no derogatory information contained in his records that would serve to disqualify him for award of the Army Good Conduct Medal.

9.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, service medals and ribbons, unit decorations, and similar devices awarded in recognition of accomplishments.

	a.  The Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action.  Substantiating evidence must be provided to verify 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 states a bronze service star is authorized the Vietnam Service Medal 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 Counter-Offensive and Vietnam Counter-Offensive Phase II campaigns.

10.  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 the 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.  Ratings of "unknown" for portions of the period under consideration were not disqualifying.  There must have been no convictions by a court-martial.

11.  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 4th Battalion, 9th Infantry Regiment, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period the applicant served with the unit.

DISCUSSION AND CONCLUSIONS:

1.  Although there are no orders awarding the applicant the Purple Heart and the applicant's name is not contained on the Vietnam casualty listing, there is sufficient evidence to show he was wounded in action against the enemy and evacuated to medical facilities for treatment.

2.  Accordingly, he should be awarded the Purple Heart for wounds received in action in Vietnam on 26 February 1967 while serving in the rank of specialist four.

3.  Orders awarded the applicant the Bronze Star Medal with “V” Device.  This award should be added to his DD Form 214.

4.  The applicant received all "excellent" conduct and efficiency ratings throughout his service.  Therefore, it would be appropriate at this time to award him the Army Good Conduct Medal (1st Award) for the period 10 November 1965 through 9 November 1967 and to correct his DD Form 214 to show this award.

5.  The applicant participated in two campaigns during his service in Vietnam.  Therefore, he is authorized to wear two bronze service stars on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

6.  Additionally, his unit in Vietnam was cited for award of the 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 assignment.  Therefore, his DD Form 214 should be corrected to show those unit awards.

BOARD VOTE:

___X___  ___X____  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 Purple Heart for wounds received in action in Vietnam on 26 February 1967 while serving in the rank of specialist four
* awarding him the Army Good Conduct Medal (1st Award) for the period 10 November 1965 through 9 November 1967
* deleting award of the Vietnam Service Medal from his DD Form 214








* adding the Bronze Star Medal with “V” Device, Purple Heart, Army Good Conduct Medal (1st Award), Vietnam Service Medal with two bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to his DD Form 214



      _______ _   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)                                         AR20130001915



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ABCMR Record of Proceedings (cont)                                         AR20130001915



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