IN THE CASE OF:	  

		BOARD DATE:	  22 October 2013

		DOCKET NUMBER:  AR20130005649 


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 (PH).

2.  The applicant states his service treatment records show that on 11 May 1967 he was treated for multiple shrapnel wounds to the back, buttocks, and forehead while serving with Battery B, 1st Battalion, 44th Artillery, Republic of Vietnam (RVN).

3.  The applicant provides a copy of a Standard Form 600 (Chronological Record of Medical Care).

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 
15 November 1965.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 13F (Automatic Weapons Crewman).

3.  Item 38 (Record of Assignments) of the applicant’s DA Form 20 (Enlisted Qualification Record) shows he served in the RVN with Battery B, 1st Battalion, 44th Artillery from 20 October 1966 to 8 October 1967.

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

5.  The applicant’s name is shown on the Adjutant General’s Office, Casualty Division’s Vietnam casualty roster with casualty code 23 and date of casualty shown as 10 May 1967.  This casualty code refers to “Hostile wounded in action – not serious hospitalized.”

6.  The applicant’s official military personnel file shows that he was awarded the Purple Heart by the Commander of Headquarters, 3rd Marine Division (Rein), FMF, for wounds received in combat action on 10 May 1967.

7.  The applicant’s DD Form 214 shows he was honorably released from active duty on 9 October 1967.  It shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

8.  Army Regulation 600-8-22 (Military Awards) states the PH 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 records.

9.  The applicant’s DA Form 20 shows he received “excellent” conduct and efficiency ratings throughout his military service and there is no evidence of derogatory information or a unit commander’s disqualification that would have precluded award of the Army Good Conduct Medal (AGCM).

10.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM 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.

11.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal (VSM).  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:

* Vietnam Counteroffensive Phase 
* Vietnam Counteroffensive Phase III

12.  Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 
28 March 1973.

13.  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:

* 1st Battalion, 44th Artillery, was cited for award of the Presidential Unit Citation (PUC) for the period 27 November 1966 – 15 September 1967 by the Department of the Army General Order (DAGO) Number 32, dated 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request to add the PH to his DD Form 214 was carefully considered and it was determined that there is sufficient evidence to support this request.

2.  The evidence of record shows he was wounded on 10 May 1967 as a result of hostile action.  His name is listed on the Vietnam casualty listing and he states he was awarded the PH; therefore, he is entitled to have the PH added to his DD Form 214.



3.  The applicant’s records show he was awarded the VSM and he participated in two campaigns during his service in the RVN; therefore, he is eligible for wear of two bronze service stars affixed to his previously awarded VSM.

4.  The applicant did not have any evidence of derogatory information in his military record or a disqualification from a unit commander that would have precluded him from receiving the AGCM.  He received “excellent” efficiency and conduct ratings throughout his military service; therefore, it would be appropriate to award the applicant the AGCM and add it to his DD Form 214.

5.  The evidence of record confirms the applicant served in the RVN and therefore his DD Form 214 should be corrected to show the RVN Gallantry Cross with Palm Unit Citation.

6.  The applicant’s unit in the RVN was awarded the Presidential Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show the Presidential Unit Citation.

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 AGCM (1st award) for the period 15 November 1965 to 9 October 1967; and

b. Adding the following awards to his DD Form 214:

 * PH
 * AGCM 
 * Two bronze service stars to be affixed to his VSM
 * PUC
 * RVN 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)                                         AR20130005649



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ABCMR Record of Proceedings (cont)                                         AR20130005649



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