IN THE CASE OF:	  

		BOARD DATE:	  19 November 2013

		DOCKET NUMBER:  AR20130006444 


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 show award of the Purple Heart.

2.  The applicant states the Purple Heart was awarded to him for wounds received in action on 1 March 1967 in the Republic of Vietnam and was issued to him separately.

3.  The applicant provides:

* DD Form 214
* a letter
* Purple Heart certificate

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 12 April 1966.  He completed training and he was awarded military occupational specialty 11B (Light Weapons Infantryman).  The highest rank/grade he attained while serving on active duty was specialist four (SP4)/E-4.

3.  The applicant's record contains a DA Form 20 (Enlisted Qualification Record) that shows he served in the Republic of Vietnam for the period 5 October 1966 through 4 August 1967 as a member of Company C, 1st Battalion, 35th Infantry Regiment.  

4.  Item 38 (Record of Assignments) of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his service.  His record does not contain a record of a commander's disqualification for award of the Army Good Conduct Medal which would have precluded him from being recommended for or awarded the Army Good Conduct Medal (1st Award).

5.  This form further shows in item 40 (Wounds) the entry, "Frag Wound, Right Side."  The entry is dated 1 March 1967.  The form also shows his principal duty was listed as "Patient" from 16 March through on or about 4 August 1967, at Camp Zama, Japan.

6.  On 11 April 1968, he was honorably released from active duty.  He completed 2 years of total active service.  The DD Form 214 he was issued at the time shows he was awarded the:

* National Defense Service Medal
* Combat Infantryman Badge
* Marksman Marksmanship Qualification Badge with Rifle Bar 
* Vietnam Service Medal 
* Republic of Vietnam Campaign Medal with Device (1960)

7.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the Purple Heart pertaining to the applicant.

8.  The applicant provides a copy of a Purple Heart certificate which shows he received the Purple Heart for wounds received in action on 1 March 1967 in the Republic of Vietnam.
9.  Army Regulation 600-8-22 (Military Awards) provides the Army's awards policy.  Paragraph 2-8 contains guidance on the Purple Heart.  It states the Purple Heart is awarded to members wounded in action and states that in order to award the Purple Heart, there must be evidence the wound for which the award is being made was received as a result of enemy action, the wound required treatment by military medical personnel, and a record of the medical treatment was made a matter of official record. 

10.  Army Regulation 672-5-1 (Awards), in effect at the time, provides that the Army Good Conduct Medal is awarded to individuals who have completed a qualified period of active duty enlisted service.  This period is 3 years except in 
those cases when the period for the first award ends with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and 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 1st Battalion, 35th Infantry Regiment, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period January 1966 through 1 August 1967 by Department of the Army General Order Number 48, dated 1971.

12.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states that a bronze service star is authorized with this award for each Republic of Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in the Republic of Vietnam, the applicant participated in the following two campaigns:

* Vietnam Counteroffensive, Phase II
* Vietnam Counteroffensive, Phase III

DISCUSSION AND CONCLUSIONS:
1.  The applicant's request for correction of his DD Form 214 to show the Purple Heart was carefully considered.  It was determined that there is sufficient evidence to support this request.

2.  In order to support award of the Purple Heart, the member must have been wounded in action and there must be evidence the wound for which the award is being made was received as a result of enemy action.  The wound must have required medical treatment by military medical personnel and this medical treatment must have been made a matter of official record.

3.  The evidence of record shows the applicant was wounded in action and made a matter of official record as indicated in item 40 of his DA Form 20.  As a result, the regulatory burden of proof necessary to support award of the Purple Heart has been met.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

4.  The evidence of record confirms he served honorably during his period of service.  He received all "excellent" conduct and efficiency ratings throughout his service.  His record does not contain a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal (1st Award).  Therefore, it would be appropriate at this time to award him the Army Good Conduct Medal (1st Award) for the period 12 April 1966 through 11 April 1968 and to correct his DD Form 214 to show this medal.

5.  The applicant's unit in the Republic of Vietnam was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show this unit award.

6.  Records show the applicant participated in two campaigns during his service in the Republic of Vietnam.  Therefore, he is entitled to two 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.

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;

   b.  awarding him the Army Good Conduct Medal (1st Award) for the period
12 April 1966 through 11 April 1968; and

 	c.  adding to his DD Form 214 the:

* Purple Heart
* Army Good Conduct Medal (1st Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Vietnam Service Medal with 2 bronze service stars




      _______ _   _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)                                         AR20130006444





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ABCMR Record of Proceedings (cont)                                         AR20130006444



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