BOARD DATE:	  2 January 2014


		DOCKET NUMBER:  AR20130008339 


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 the Purple Heart be added to his DD Form 214 (Report of Transfer or Discharge).

2.  The applicant states, due to human error, his Purple Heart was omitted from his DD Form 214.

3.  The applicant provides copies of his DD Form 214 and a Purple Heart Award 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 on 14 September 1966, completed training, and was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  His DA Form 20 (Enlisted Qualification Record) provides the following:

* advancement to specialist four (E-4) on 12 October 1967
* service in Vietnam with Company B, 4th Battalion, 9th Infantry Regiment from 3 March 1967 through 21 April 1967
* he sustained wounds to his left arm and leg on 2 April 1967
* transfer to the Army Hospital, Camp Zama, Japan as a patient on 22 April 1967 with subsequent transfer to Valley Forge General Hospital on 20 June 1967
* award of the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), and the Combat Infantryman Badge
* participation during one campaign period
* conduct and efficiency ratings of "excellent" or "unknown"

4.  The applicant was honorably released from active duty on 13 September 1968 with 2 years of creditable service and no lost time.

5.  His DD Form 214 lists his awards as the National Defense Service Medal, Vietnam Service Medal, Combat Infantryman Badge, and the Marksman Marksmanship Qualification Badge with Rifle Bar.

6.  The applicant's record contains no derogatory entries, disciplinary actions, nonjudicial punishment, or courts-martial that would suggest he was considered not eligible for award of the Good Conduct Medal.

7.  The Purple Heart Award Certificate shows award of this medal on 3 April 1967 for wounds received on 2 April 1967.  The award is signed by a Medical Corps officer. 

8.  A review of the Vietnam Casualty List listed the applicant's name.  It shows he was wounded on 2 April 1967 with a description of "Hostile Wounded In Action: Serious Hospitalized."

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that while the applicant was assigned to the 4th Battalion, 9th Infantry Regiment, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

10.  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 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.  

11.  Army Regulation 600-8-22 (Military Awards) provides the following:

	a.  The Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Republic of Vietnam to members of the armed forces who served at least 6 months in Vietnam or who, because of wounds or capture were prevented from serving the required 6 months.

	b.  A bronze service star is authorized, based on qualifying service, for each designated campaign listed in Appendix B of the regulation and states that authorized service stars will be worn on the appropriate campaign or service medal.  Based on the applicant's dates of service in Vietnam, he participated during one campaign period:  the Counteroffensive Phase II, 1 July 1966 - 31 May 1967.

DISCUSSION AND CONCLUSIONS:

1.  The record shows the applicant was wounded in action on 2 April 1967 and awarded the Purple Heart by the medical facility that originally treated him.  This award was omitted from his DD Form 214 and it is appropriate to correct this error.

2.  The applicant served in Vietnam during one campaign period and is authorized to wear a bronze service star on his Vietnam Service Medal.

3.  The applicant is also authorized award of the Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  It is appropriate to add these awards to his DD Form 214.

4.  The applicant distinguished himself by his conduct, efficiency and fidelity as evidenced by his combat service, his conduct and efficiency ratings, his personal decorations, and his advancement to pay grade E-4.  The record contains no indication of any disqualifying incidents or recommendations.  It is appropriate to award the applicant the Good Conduct Medal for his period of service from 14 September 1966 through 13 September 1968.

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.  awarding the applicant the Army Good Conduct Medal for the period 14 September 1966 through 13 September 1968,

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

	c.  showing that, in addition to the awards listed on his DD Form 214, he is also authorized the:

* Purple Heart
* Army Good Conduct Medal
* Vietnam Service Medal with one bronze service star
* Republic of Vietnam Campaign Medal with Device (1960)
* 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)                                         AR20130008339



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ABCMR Record of Proceedings (cont)                                         AR20130008339



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