IN THE CASE OF:
BOARD DATE: 14 January 2014
DOCKET NUMBER: AR20130009013
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 award of the Purple Heart.
2. The applicant states he received a Purple Heart in Vietnam and it is not listed on his DD Form 214. He states he has the medal.
3. The applicant provides a county government document showing the information from his DD Form 214.
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 on 9 June 1965. He held military occupational specialty (MOS) 64B (Heavy Vehicle Driver).
3. His DA Form 20 (Enlisted Qualification Record) shows in:
a. item 38 (Record of Assignments) - in part -
* from 25 July 1966 through 4 March 1967 as a heavy vehicle driver in Company B, 65th Engineer Battalion (Vietnam)
* from 5 March 1967 through 21 April 1967 as a patient in the Medical Holding Detachment, U.S. Army Hospital, Japan
b. item 38 that his conduct and efficiency ratings were "excellent";
c. item 40 (Wounds): "FW [Flesh Wound], Buttocks, left knee 11 Feb 67."
4. He was honorably released from active duty on 22 April 1967 as a specialist four (SP4)/E-4. His DD Form 214 lists the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, and the Sharpshooter Qualification Badge with Rifle Bar (M-14).
5. The applicant's name is listed on the Vietnam Casualty Roster showing he was wounded in action, on 10 February 1967, not serious, hospitalized.
6. Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), a partial compilation of general orders issued during the Vietnam era maintained by the Awards Branch of the U.S. Army Human Resources Command, failed to reveal anything pertaining to the applicant.
7. 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, 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.
8. Army Regulation 600-8-22 (Military Awards) states: Qualifying campaign periods for bronze service stars for the Vietnam Service Medal include the Vietnam Counteroffensive Phase II 1 July 1966 31 May 1967.
9. 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. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.
DISCUSSION AND CONCLUSIONS:
1. Item 40 of his DA Form 20 and the Vietnam Casualty Roster show he was treated for a wound sustained in action in Vietnam in February 1967. He states he received the Purple Heart. It should be added to his DD Form 214.
2. The available evidence clearly shows he distinguished himself in the performance of his military service as evidenced by his "excellent" conduct and efficiency ratings, honorable release from active duty, and advancement to SP4. There is no evidence of a commander's disqualification for the first award of the Army Good Conduct Medal. It is presumed that his not receiving the first award of the Army Good Conduct Medal for his service was an oversight. Therefore, he should be awarded the Army Good Conduct Medal (1st Award).
3. The applicant served in Vietnam during a designated campaign period and is authorized one bronze service star for wear on his already-awarded Vietnam Service Medal.
4. His unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for a period of time that included the applicant's tour of duty.
5. All of the applicant's awards should be correctly shown on his DD Form 214.
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 him the Army Good Conduct Medal (1st Award) for the period
9 June 1965 to 22 April 1967; and
b. adding to his DD Form 214 the:
* Purple Heart
* Army Good Conduct Medal (1st Award)
* one bronze service star for his already-awarded Vietnam Service Medal
* 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) AR20130006990
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20130009013
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