IN THE CASE OF:	   

		BOARD DATE:	  14 January 2014

		DOCKET NUMBER:  AR20130008539 


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 item 27 (Wounds Received as a Result of Action with enemy Forces) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was wounded in his right arm and leg.

2.  The applicant states his DD Form 214 incorrectly shows he sustained a gunshot wound to his left leg.  Item 27 should show a gunshot wound to his right arm and leg.

3.  The applicant provides copies of his DD Form 214 and Department of Veterans Affairs medical documents.

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 14 June 1963 for a period of 3 years and the airborne training option.  He completed one-station unit training as a light weapons infantryman at Fort Polk, Louisiana, and airborne training at Fort Benning, Georgia, before being transferred to Fort Campbell, Kentucky, for his first assignment.

3.  He was assigned to the 1st Battalion, 8th Cavalry Regiment, 1st Cavalry Division, Fort Benning, on 23 July 1965.  On 20 August 1965, he was transferred to Vietnam with his unit.

4.  On 26 October 1965 while riding as a passenger in a 3/4-ton vehicle, the vehicle was ambushed by hostile forces and the applicant was wounded in the right arm and leg.  He was awarded the Purple Heart in Headquarters, U.S. Army Vietnam, General Orders Number 1274, dated 29 October 1965.

5.  He participated in two campaigns and departed Vietnam on 5 June 1966.  He was transferred to Oakland Army Base, California, where he was honorably released from active duty as an overseas returnee.  He completed 2 years, 11 months, and 23 days of active service.  Item 27 of his DD Form 214 shows in the entry, "GUN SHOT WOUND LEFT LEG  26 OCT 65."

6.  His DD Form 214 also shows he was awarded the Parachutist Badge, Purple Heart, Combat Infantryman Badge, and Vietnam Service Medal (VSM).

7.  A review of his records shows he 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 Army Good Conduct Medal (AGCM).

8.  The applicant's records also contain the original casualty notification message indicating the applicant sustained wounds to his right arm and leg.

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active 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.  Although there is no automatic entitlement to the AGCM, disqualification must be justified.

	b.  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.

	c.  A bronze service star will be worn on the appropriate service medal based on qualifying service for each campaign listed in appendix B, including the VSM.

	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.

10.  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 was cited for award of the Presidential Unit Citation (PUC) and Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he served with the unit.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant was wounded in his right arm and leg on 26 October 1965; however, his DD Form 214 shows he was wounded in his left leg.  Therefore, this entry should be corrected at this time.

2.  The applicant served in two campaigns and is authorized to wear two bronze service stars on his Vietnam Service Medal.

3.  The applicant's records show he received all "excellent" conduct and efficiency ratings throughout his service.  His records do not contain any derogatory information or a commander's disqualification that would have precluded him from being awarded the AGCM (1st Award).  Therefore, he should be awarded the AGCM (1st Award) for the period 14 June 1963 through 6 June 1966 and his DD Form 214 should be corrected to show this medal.

4.  His unit in Vietnam was cited for award of the PUC and Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show these unit awards.

5.  The applicant served during qualifying periods for award of the National Defense Service Medal and Republic of Vietnam Campaign Medal with Device (1960) and these medals should be added to his DD Form 214 at this time as well.

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:

* awarding him the AGCM (1st Award) for the period 14 June 1963 through 6 June 1966
* deleting award of the VSM from his DD Form 214
* adding award of the AGCM (1st Award), National Defense Service Medal, VSM 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
* deleting the entry "GUN SHOT WOUND LEFT LEG  26 OCT 65" from item 27 of his DD Form 214
* adding the entry "GUN SHOT WOUND RIGHT ARM AND LEG  26 OCT 65" to item 27 of his DD Form 214



      _____________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)                                         AR20130008539



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ABCMR Record of Proceedings (cont)                                         AR20130008539



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