IN THE CASE OF:	  

		BOARD DATE:	    5 December 2013

		DOCKET NUMBER:  AR20130006817 


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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect the wounds he received in Vietnam.

2.  The applicant states that his DD Form 214 does not reflect the wounds he received in Vietnam and has resulted in him being denied benefits.  

3.  The applicant provides a copy of his DD Form 214 and documents from his medical records showing he received treatment for wounds in Vietnam.

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 enlisted in the Regular Army on 20 February 1963 for a period of 3 years.  He completed basic training, advanced individual training, and Airborne training, and he was assigned to the 101st Aviation Battalion, 101st Airborne Division at Fort Campbell, Kentucky for his first assignment.  He was advanced to the pay grade of E-4 on 13 November 1964.

3. On 12 April 1965, he was transferred to Vietnam with his unit and his records as well as the Vietnam Casualty Listing show that he was wounded as a result of enemy action on 22 November 1965.  His records show he received wounds to the head and left foot during an enemy mortar attack and treatment for those wounds was made a matter of record and they are contained in his official records.  However, there is no evidence in those records to show he was awarded the Purple Heart.

4.  He participated in two campaigns and departed Vietnam on 6 February 1966.  He was transferred to Oakland Army Base, California where he was honorably released from active duty (REFRAD) as an overseas returnee on 7 February 1966.  He had served 2 years, 11 months, and 18 days of active service.  His 
DD Form 214 issued at the time of his REFRAD shows he was awarded the Parachutist Badge, Vietnam Service Medal, Driver’s Badge, and his marksmanship badges.  His DD Form 214, Item 27 (Wounds Received as a Result of Action with Enemy Forces), contains the entry “None.”

5.  A review of his official records shows that he had “excellent” conduct and efficiency ratings throughout his service and his record is void of any derogatory information that could serve to disqualify him for award of the Army Good Conduct Medal.

6.  Army Regulation 600-8-22 (Military Awards) 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.  A bronze service star is authorized for wear on the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in.

	c.  The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.  
	d.  The Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  

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 the applicant’s unit (Company A, 101st Aviation Battalion) was cited for award of the Presidential Unit Citation (PUC) and the  Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period the applicant served with the unit.

8.  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 was wounded in Vietnam as a result of enemy action on                      22 November 1965.  His wounds were treated and made a matter of official record.  Accordingly, he is entitled to be awarded the Purple Heart and to have his DD Form 214, item 27, corrected to show “Wounds to the head and left foot on 22 November 1965.” 

2.  The applicant had “excellent” conduct and efficiency ratings throughout his service and his records do not contain derogatory information sufficient to disqualify him for award of the AGCM.  Accordingly, he should be awarded the AGCM (1st Award) for the period 20 February 1963 to 7 February 1966 and to have it added to his DD Form 214.

3.  The applicant served in two campaigns in Vietnam and he is entitled to wear two bronze service stars on his already-awarded Vietnam Service Medal and to have them added to his DD Form 214.

4.  The applicant served during a qualifying period for award of the National Defense Service Medal and he is entitled to be awarded that medal and have it added to his DD Form 214.
5.  The applicant served during a qualifying period for award of the Republic of Vietnam Campaign Medal with Device (1960) and he is entitled to have that award added to his DD Form 214.

6.  Additionally, his unit in Vietnam was cited for award of the PUC and the Republic of Vietnam Gallantry Cross with Palm Unit Citation and those awards should be added to his DD Form 214 at this time.

BOARD VOTE:

____X___  ___X____  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1. 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 the applicant the:

* Purple Heart for wounds received in action against the enemy in Vietnam on 22 November 1965 
* AGCM (1st Award) for the period 20 February 1963 to 7 February 1966

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

   c.  adding the Purple Heart, AGCM (1st Award), National Defense Service Medal, Vietnam Service Medal with two bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), PUC, and Republic of Vietnam Gallantry Cross with Palm Unit Citation to his DD Form 214; and

   d.  adding the entry “wounds to head and left foot 22 November 1965” to item 27 of his DD Form 214.



2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.




      _______ _ 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)                                         AR20130006817



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ABCMR Record of Proceedings (cont)                                         AR20130006817



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