BOARD DATE:	  27 February 2014

		DOCKET NUMBER:  AR20130009775 


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 award of the Purple Heart be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  

2.  He states he was awarded the Purple Heart for wounds received in action on 15 August 1968 in Vietnam.  It was not noted on his DD Form 214 and he just recently found the certificate.  

3.  He provides his DD Form 214 and a Purple Heart 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 into the Army of the United States on 8 November 1967.  The highest rank/grade he attained was specialist four (SP4)/E-4.
3.  His DA Form 20 (Enlisted Qualification Record) shows in:

* item 31 (Foreign Service), he served in Vietnam from 21 April to 21 August 1968
* item 38 (Record of Assignments), he was assigned to Company C, 3rd Battalion, 39th Infantry Regiment, 9th Infantry Division from 29 April to 18 August 1968 then he was transferred to a patient status
* item 38, he received all "excellent" conduct and efficiency ratings throughout his service
* item 40 (Wounds), he sustained multiple fragment wounds to his entire body on 15 August 1968 
* item 41 (Awards and Decorations), no entry for award of the Purple Heart

4.  He provided a certificate, dated 17 August 1968, which shows he was awarded the Purple Heart for wounds received in action on 15 August 1968.

5.  His service record does not include orders for award of the Purple Heart.  His name is listed on the Vietnam Casualty Roster and indicates he sustained wounds in action on 15 August 1968.  

6.  His service record contains a DA Form 3349 (Medical Condition - Physical Profile Record), dated 7 December 1968, which indicates he was given a temporary profile of 113111 for multiple fragment wounds to both legs.  

7.  He was released from active duty on 2 September 1969 in the rank/pay grade of SP4/E-4.  He completed 1 year, 9 months, and 25 days total active service with no lost time.  His service record does not contain a commander's disqualification for the first award of the Army Good Conduct Medal.

8.  His DD Form 214 shows award of the:

* National Defense Service Medal
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Expert Marksmanship Qualification Badge with Machine Gun Bar

9.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the Purple Heart pertaining to the applicant.
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 unit to which the applicant was assigned was cited for award of the:

	a.  Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 December 1966 to 30 June 1968 by Department of the Army General Order (DAGO) Number 31, dated 1969.

	b.  Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 to 28 June 1969 by DAGO Number 43, dated 1970.

	c.  Valorous Unit Award for the period 6 to 12 May 1968 by DAGO Number 43, dated 1970.

11.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

12.  Army Regulation 600-200 (Enlisted Personnel Management System), chapter 9 of the version in effect at the time, stated 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.

13.   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 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.





DISCUSSION AND CONCLUSIONS:

1.  The applicant's available service record does not contain orders that award him the Purple Heart.  However, his name is listed on the Vietnam Casualty Roster showing he was wounded in action on 15 August 1968 and his DA Form 20 confirms he sustained multiple fragment wounds on 15 August 1968.  Therefore, this evidence is sufficient as a basis to correct his DD Form 214 to show this award.

2.  His service record does not show he was disqualified from receiving the first award of the Army Good Conduct Medal for the period 8 November 1967 through 2 September 1969.  He was promoted to SP4/E-4 and he received all "excellent" conduct and efficiency ratings throughout his service.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) for the period 8 November 1967 through 2 September 1969 and his DD Form 214 should be corrected to show this award.

3.  His unit in Vietnam was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and Valorous Unit Award 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:

   a.  awarding him the Army Good Conduct Medal (1st Award) for the period 8 November 1967 through 2 September 1969; and 
   
   b.  amending his DD Form 214 by adding award of the Purple Heart, Army Good Conduct Medal (1st Award), Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and Valorous Unit Award.  



      _______ _  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)                                         AR20130009775





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130009775



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1