IN THE CASE OF:	  

		BOARD DATE:	    29 October 2013

		DOCKET NUMBER:  AR20130005200 


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 Sates Report of Transfer or Discharge) to show his award of the Purple Heart.

2.  The applicant states he was awarded the Purple Heart for a wound he sustained in 1967 but the award was omitted from his DD Form 214.

3.  The applicant provides no additional evidence.

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 1 November 1966.  Upon completion of initial entry training, he was awarded military occupational specialty 11C (Infantry Indirect Fire Crewman).

3.  His military record contains the following orders issued by Headquarters, Fort Polk, LA that awarded him the respective marksmanship qualification badges:

* Special Orders Number 035, dated 6 February 1967, awarding him the Marksman Marksmanship Qualification Badge with Pistol Bar (.45 caliber)
* Special Orders Number 044, dated 16 February 1967, awarding him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Special Orders Number 047, dated 20 February 1967, awarding him the Second Class Gunner (Marksman) Marksmanship Qualification Badge with Mortar Bar

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

* item 31 (Foreign Service), he served in Vietnam from 20 April 1967 through 17 April 1968
* item 38 (Record of Assignments), while serving in Vietnam he was assigned to:

* 4th Battalion, 9th Infantry, 25th Infantry Division from 24 April through 28 August 1967
* 2nd Battalion, 3rd Infantry, 199th Infantry Brigade from 29 August 1967 through 17 April 1968

* item 38, he received all "excellent" conduct and efficiency ratings throughout his active duty service
* item 40 (Wounds), he received a fragment wound to the head on 11 May 1967

5.  There are no orders in his available record that shows he was awarded the Purple Heart.

6.  Review of The Adjutant General's Office, Casualty Division's Vietnam casualty listing shows the applicant's name is listed as a casualty on 11 May 1967 under casualty status code "23."  This casualty code refers to "hostile wounded in action, not serious, hospitalized."

7.  His military record is void of any derogatory information or a unit commander's disqualification that would have precluded him from being re commended for or awarded the first award of the Army Good Conduct Medal.

8.  On 31 October 1968, he was honorably released from active duty at the expiration of his term of service in the rank/grade of specialist four (SP4)/E-4.  He completed 2 years of total active service with no time lost.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal with three bronze service stars 
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Marksman Marksmanship Qualification Badge with Rifle Bar [M-14]

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.  It 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.  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 four campaigns:

* Vietnamese Counteroffensive Phase II (1 July 1966 - 31 May 1967)
* Vietnamese Counteroffensive Phase III (1 June 1967 - 29 January 1968)
* Tet Counteroffensive (30 January - 1 April 1968)
* Vietnamese Counteroffensive Phase IV (2 April - 30 June 1968)

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 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.  

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:

	a.  4th Battalion, 9th Infantry, was cited for award of the:

* Republic of Vietnam 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
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 30 April 1966 through 31 January 1970 by DAGO Number 51, dated 1971

	b.  2nd Battalion, 3rd Infantry, was cited for award of the:

* Valorous Unit Award for the period 31 January through 19 February 1968 by DAGO Number 48, dated 1968
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 31 January through 19 February 1968 by DAGO Number 43, dated 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 12 December 1966 through 31 August  1970 by DAGO Number 31, dated 1971

12.  This pamphlet further states in paragraph 6 (Miscellaneous Information) that not more than one award of the Republic of Vietnam Gallantry Cross Unit Citation may be worn by any individual.  Although wear of multiple awards of this unit citation badge is not authorized, official military personnel and historical records will indicate all awards received.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show the Purple Heart has been carefully considered.

2.  His name is listed on the Vietnam casualty listing as being wounded as a result of hostile action on 11 May 1967.  His record also contains a DA Form 20 

that corroborates he was wounded on the same date.  Therefore, his DD Form 214 should be corrected to show his award of the Purple Heart.

3.  The evidence of record confirms he received all "excellent" conduct and efficiency ratings throughout his active duty service.  His record is also void of any derogatory information or a commander's disqualification that would have precluded him from being recommended for or awarded the first award of the Army Good Conduct Medal.  Therefore, he should be awarded the first award of the Army Good Conduct Medal for the period 1 November 1966 through
31 October 1968 and to correct his DD Form 214 to show this award.

4.  Records show he participated in four campaigns during his service in Vietnam.  Therefore, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

5.  Evidence further shows his units of assignment in Vietnam were cited for one award of the Valorous Unit Award, two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and two awards of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Although he is authorized to wear only one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, his record should be corrected to show both awards of this unit award.  Therefore, his DD Form 214 should be corrected to show all of his authorized unit awards 

6.  Special orders awarded him the Marksman Marksmanship Qualification Badge with Pistol Bar, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), and the Marksman Marksmanship Qualification Badge with Mortar Bar.  Therefore, his DD Form 214 should also be corrected to show these marksmanship badges.

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 with three bronze service stars;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period 
1 November 1966 through 31 October 1968; and

	c.  adding to his DD Form 214 the:

* Purple Heart
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
(2nd Award)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (2nd Award)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Second Class Gunner (Marksman) Marksmanship Qualification Badge with Mortar Bar
* Marksman Marksmanship Qualification Badge with Pistol Bar
(.45 caliber)



      _______ _  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)                                         AR20130005200



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ABCMR Record of Proceedings (cont)                                         AR20130005200



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