BOARD DATE:	  26 November 2013

		DOCKET NUMBER:  AR20130006791 


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 that he was wounded in Vietnam on 12 April 1967.

3.  The applicant provides his DD Form 214 (Armed forces of the United States Report of Transfer or Discharge) and a casualty message in Spanish.

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 11 May 1966 and he held military occupational specialty 11C (Indirect Infantry Fire Crewman).

3.  His record contains a DA Form 20 (Enlisted Qualification Record) that shows in:

	a.  item 31 (Foreign Service) he served in Vietnam from 12 December 1966 through 15 July 1967;

	b.  item 38 (Record of Assignment) he:

* was assigned to Company D, 4th Battalion, 31st Infantry, 196th Light Infantry Brigade in Vietnam from 21 December 1966 to August 1967
* departed Vietnam in a patient status in August 1967 en route to the U.S. Naval Hospital in St. Albans, NY
* was reassigned for duty to Company A, U.S. Army Garrison, Fort Dix, NJ on 7 November 1967
* received all "excellent" conduct and efficiency ratings throughout his service except for "unknown" ratings while in a patient status

	c.  item 40 (Wounds) the entry "Mult Frag Wd, hands, face, chest" indicating multiple fragment wounds to his hands, face, and chest on 12 April 1967.

4.  On 13 May 1968, he was honorably released from active duty at the expiration of his term of service and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation.  He completed 2 years and 3 days 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 with Device (1960)
* Marksman Marksmanship Qualification Badge with Rifle Bar
* One Overseas Service Bar

5.  His record contains a Western Union Telefax to his mother, dated 14 April 1967, that informed her the applicant was slightly wounded in Vietnam on
12 April 1967 as a result of hostile action.  He sustained metal fragment wounds to both hands, chest, and face when his base camp area came under hostile mortar attack.

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 12 April 1967 under casualty status code "23."  This casualty code refers to "hostile wounded in action, not serious, hospitalized."


7.  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 U.S. Army Human Resources Command Military Awards Branch, failed to reveal any orders for the Purple Heart pertaining to the applicant.

8.  Army Regulation 672-5-1 (Decorations and 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.

9.  Army Regulation 600-8-22 (Military Awards), 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 two campaigns:

* Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  Paragraph 6d states 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. Army Vietnam, and its subordinate units, during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests award of the Purple Heart for wounds received in action in Vietnam on 12 April 1967.


2.  The applicant's name is on the Vietnam Casualty listing that shows he was reported as a casualty on 12 April 1967.  Item 40 of his DA Form 20 shows he sustained fragment wounds to his hands, face, and chest on 12 April 1967.  His record further contains a Western Union Telefax that was sent to his mother informing her that the applicant was slightly wounded as a result of hostile action.  Therefore, it would be appropriate at this time to award him the Purple Heart for wounds received in action in Vietnam on 12 April 1967 and to correct his
DD Form 214 to show this award.

3.  Records show he received all "excellent" conduct and efficiency ratings throughout his service, except "unknown" ratings for his period of hospitalization that is not disqualifying for award of the Army Good Conduct Medal.  There is no evidence 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, it would be appropriate at this time to awarded him the Army Good Conduct Medal (1st Award) for the period 11 May 1966 through 13 May 1968 and to correct his DD Form 214 to show this award.

4.  He participated in two campaigns during his service in Vietnam that entitles him to two bronze service stars for wear on his already-awarded Vietnam Service Medal.  Therefore, his DD Form 214 should be corrected to show these two bronze service stars.

5.  All units in Vietnam were 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.

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:

	a.  deleting from his DD Form 214 the Vietnam Service Medal;

	b.  awarding him the Purple Heart for wounds received in action on 12 April 1967;

	c.  awarding him the Army Good Conduct Medal (1st Award) for the period 
11 May 1966 through 13 May 1968; and

	d.  adding to his DD Form 214 the:

* 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



      __________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)                                         AR20130006791



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ABCMR Record of Proceedings (cont)                                         AR20130006791



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