IN THE CASE OF:	  

		BOARD DATE:	 28 January 2014

		DOCKET NUMBER:  AR20130009187 


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 the Purple Heart he received on 17 April 1969 is not shown on his DD Form 214.  He cannot obtain certain medical and state benefits because it is not listed.  Also, he deserves to have proof of his Purple Heart for the sacrifices he made in Vietnam.

3.  The applicant provides his DD Form 214 and a 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 enlisted in the Regular Army on 5 July 1967 and he held military occupational specialty 12C (Bridge Crewman).  He served in Vietnam from 5 April 1968 to 29 March 1969 while assigned as follows from:

* 5 April - 26 May 1968, Company A, 31st Engineer Battalion
* 27 May - 26 December 1968, 573rd Engineer Company
* 27 December 1968 - 5 February 1969, 100th Engineer Company
* 6 February to 29 March 1969, 43rd Engineer Company

3.  His records contain a Western Union Telefax, dated 23 February 1969, to his father notifying him that he (the applicant) was wounded in action on that date when he was hit by a hostile mortar round and received a fragment wound to his left thumb.

4.  The applicant provides a certificate, dated 17 April 1969, that shows he was awarded the Purple Heart for wounds received in action in Vietnam.

5.  He was honorably released from active duty on 2 July 1970 and he was transferred to the U.S. Army Reserve.  He completed 2 years, 11 months, and 28 days of creditable active service with no lost time.

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

* National Defense Service Medal
* two overseas service bars
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Vietnam Service Medal with three bronze service stars
* Vietnam Campaign Medal with Device (1960)

7.  A review of the Vietnam casualty roster shows the applicant was wounded in action in Vietnam on 23 February 1969. 

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.  His records are 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).


10.  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.

11.  Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  A bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  A review of his records shows that during his service in Vietnam he participated in four campaigns.

12.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the 31st Engineer Battalion was cited for award of the:

* Meritorious Unit Commendation for the 1 May through 31 December 1968, by DA General Orders (DAGO) Number 39, dated 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 25 April 1968 through 9 February 1970, by DAGO Number 43, dated 1970

13.  DA Pamphlet 672-3, paragraph 6d states DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 through 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant was wounded in action in Vietnam on 23 February 1969 and he provides a certificate that shows he was awarded the Purple Heart for wounds received in action in Vietnam.  Therefore, he is entitled to the correction of his DD Form 214 to show the Purple Heart.

2.  The evidence of record confirms he served honorably from 5 July 1967 to 2 July 1970.  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.  His record confirms that during his service in Vietnam, he participated in four campaigns.  Therefore, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 accordingly.

4.  His units in Vietnam were cited for award of the Meritorious Unit Commendation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and the 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.

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 5 July 1967 through 2 July 1970
* deleting from his DD Form 214 the Vietnam Service Medal with three bronze service stars
* adding to his DD Form 214 the:

* Purple Heart
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* Meritorious Unit Commendation
* Republic of Vietnam Civil Actions Honor Medal with First Class Unit Citation
* 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)                                         AR20130009187





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ABCMR Record of Proceedings (cont)                                         AR20130009187



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