IN THE CASE OF:	  

		BOARD DATE:  2 January 2014

		DOCKET NUMBER:  AR20130008207 


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 the Purple Heart.

2.  The applicant states he was awarded the Purple Heart due to shrapnel wounds he received in Vietnam and it is not annotated on 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 20 October 1966 and on 10 March 1967 he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  

3.  He served in Vietnam in duty MOS 11B while assigned as follows from:

* 7 April - 6 August 1967, 2nd Battalion, 14th Infantry Regiment
* 7 August 1967 - 4 April 1968, 3rd Battalion, 22nd Infantry Regiment 

4.  On 14 March 1968, he was awarded MOS 94B (Cook) and MOS 11B was withdrawn.

5.  He was honorably released from active duty on 18 October 1968 and he was transferred to the U.S. Army Reserve.  He completed 1 year, 11 years, and 29 days of creditable active service with no lost time.

6.  The DD Form 214 he was issued shows the:

* Vietnam Service Medal with 3 bronze service stars
* Vietnam Campaign Medal
* National Defense Service Medal
* 1st Class Gunner (or Sharpshooter) Marksmanship Qualification Badge with Machine Gun Bar (M-60)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)

7.  His record is void of orders showing he was awarded the Purple Heart.

8.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his service. 

9.  Item 40 (Wounds) of his DA Form 214 contains the entry "fragment wound, right shoulder, 5 June 1967."  

10.  A review of the Vietnam casualty roster shows the applicant was wounded in action on 5 June 1967.  This entry contains code 23 to indicate "hostile wounded in action, hospitalized."

11.  His record is void of any derogatory information, convictions by a court-martial, or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal (1st Award).

12.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended 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.

13.  Army Regulation 600-200 (Enlisted Personnel Management), chapter 9, of the version in effect at the time, stated that a brief description of wounds or injuries (including injury from gas) requiring medical treatment received through hostile or enemy action, including those requiring hospitalization would be entered in item 40 of the DA Form 20.  This regulation further stated that the date the wound or injury occurred would also be placed in item 40.

14.  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 2nd Battalion, 14th Infantry was cited for award of the: 

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 April 1966 through 28 July 1969, by Department of the Army General Order (DAGO) Number 43, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 20 April 1966 through 21 January 1970 by DAGO Number 51, dated 1971

15.  Army Regulation 600-8-22 (Military Awards) provides that the Combat Infantryman Badge is awarded to infantry officers, enlisted, and warrant officer persons who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant sustained a fragment wound to his right shoulder in Vietnam on 5 June 1967, as annotated on his DA Form 20, and the Vietnam casualty roster confirms he was wounded by hostile action on 5 June 1967.  The applicant also contends he was awarded the Purple Heart for wounds received in Vietnam.  Therefore, it would be appropriate to correct his DD Form 214 to show the Purple Heart. 

2.  The evidence of record confirms he served honorably from 20 October 1966 to 18 October 1968.  He served in Vietnam and he received all "excellent" conduct and efficiency ratings throughout his service.  His record is void of a commander's disqualification or any derogatory information that would have disqualified him from receiving the Army Good Conduct Medal (1st Award).  Therefore, it would be appropriate to award him this medal and correct his DD Form 214 to show the medal.

3.  The evidence of record confirms the applicant held MOS 11B while assigned to an infantry unit on 5 June 1967.  The wounds he received in action on 5 June 1967 confirm that he actively participated in ground combat.  Therefore, he should be awarded the Combat Infantryman Badge and his DD Form 214 should be corrected to show this award.

4.  GO awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period he was assigned to the unit.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

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:

* awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 20 October 1966 through 18 October 1968
* awarding him the Combat Infantryman Badge effective 5 June 1967
* adding to his DD Form 214 the:

* Purple Heart
* Army Good Conduct Medal (1st Award)
* Combat Infantryman Badge

* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class 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)                                         AR20130008207





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ABCMR Record of Proceedings (cont)                                         AR20130008207



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