IN THE CASE OF:	 

		BOARD DATE:	  31 October 2013

		DOCKET NUMBER:  AR20130004462 


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.

2.  The applicant states he never received his Purple Heart.

3.  The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending on 21 November 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.  After having had previous enlisted service, the applicant enlisted in the Regular Army on 28 August 1964 and held military occupational specialty 11B 

(Light Weapons Infantryman).  The highest rank/grade he attained while serving on active duty was sergeant (SGT)/E-5.

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

	a.  items 31 (Foreign Service) and 38 (Record of Assignments) that he was assigned to Vietnam from 21 November 1966 to 25 May 1967 and:

* served with Company A, 2nd Battalion, 3rd Infantry Regiment, 199th Infantry Brigade from 21 November 1966 to 4 May 1967
* he was assigned to a hospital in Vietnam, in a patient status, from on or around 5 May 1967 to 25 May 1967

	b.  item 40 (Wounds) that he sustained fragment wounds to both legs on 
18 April 1967.

4.  His record contains a Western Union Telegram, dated 20 April 1967, which informed his wife he had been slightly wounded, on 18 April 1967, as a result of hostile action in Vietnam.  He sustained metal fragment wounds to both legs while traveling as a passenger in a quarter ton military vehicle that was ambushed by hostile forces.

5.  His name appears on the Vietnam casualty roster and shows he was wounded as a result of hostile enemy action on 18 April 1967.

6.  He was honorably released from active duty on 21 November 1967.  His 
DD Form 214 shows he completed 3 years, 2 months, and 24 days of net active service, of which 6 months and 5 days were credited as foreign service.  Additionally, he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal with one bronze service star
* Republic of Vietnam Campaign Medal with Device 1960
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

7.  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 Headquarters, U.S. Army Vietnam and its subordinate units were cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 20 July 1965 to 28 March 1973 in Department of the Army General Orders (DAGO) Number 8, dated 1974.
8.  A review of his service record shows, on 24 June 1965, he accepted non-judicial punishment (NJP) under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ) for a minor offense (absenting himself from his unit).  However; there was no 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 during the period 28 April 1964 through 27 April 1967.  He received "excellent" ratings for his conduct and efficiency.  There are also no entries in his record to indicate that his commanders denied him award of the Army Good Conduct Medal during this period of service.  

9.  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.  The applicant's name is listed on the Vietnam Casualty Roster and his records contain several other documents showing he received fragment wounds to his legs as a result of hostile enemy action on 18 April 1967.  Therefore, he is entitled to award of the Purple Heart and correction of his DD Form 214 to add this award.

2.  GO cited Headquarters, U.S. Army Vietnam and its subordinate units for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, he is entitled to correction of his DD Form 214 to add this unit award.

3.  He served honorably during the period 28 August 1964 through 27 August 1967.  Although his record contains one instance of NJP for a minor offense, his conduct and efficiency ratings are all "excellent."  Furthermore, his records do not contain any derogatory information in the form of time lost 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.  Therefore, it is reasonable to presume he met the criteria for and should be awarded the Army Good Conduct Medal (1st Award) and have his DD Form 214 corrected 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:

* Purple Heart for wounds received in action on 18 April 1967 in Vietnam
* Army Good Conduct Medal (1st Award) for the period 28 August 1964 through 27 August 1967

   b.  adding to his DD Form 214 the: 

* Purple Heart
* Army Good Conduct Medal (1st 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)                                         AR20130004462



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ABCMR Record of Proceedings (cont)                                         AR20130004462



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