BOARD DATE:	  12 March 2014

		DOCKET NUMBER:  AR20130011674 


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
* in effect, correction of the certificate that awarded him the Purple Heart to show the correct spelling of his last name and social security number (SSN)

2.  The applicant states the Purple Heart was excluded from his records and is not listed on his DD Form 214.  He was awarded the Purple Heart on 11 August 1969 but it did not enter his military records because his last name is misspelled and the SSN is incorrect.  His last name is spelled "MCCAULEY" but the certificate shows his last name as "MCCCAULEY."  The SSN is also incorrectly shown as "525-xx-xxx" instead of "325-xx-xxxx."  A veteran services officer pointed these errors out.  The errors should be corrected as a matter of justice.  

3.  The applicant provides:

* DD Form 214
* DA Form 1577 (Authorization for Issuance of Awards)
* Certificate showing award of the Purple Heart
* DA Form 3349 (Medical Condition - Physical Profile Record) 
* Hospital Message Orders
* Newspaper articles 

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 25 September 1968.  His DD Form 47 (Record of Induction) listed his last name as "MCCAULEY" and his SSN as "325-xx-xxxx."

3.  He completed a DD Form 398 (Statement of Personal History) in connection with this induction and listed his last name as "MCCAULEY" and his SSN as "325-xx-xxxx." 

4.  He completed basic combat and advanced individual training and he was awarded and held military occupational specialty 11B (Light Weapons Infantryman). 

5.  Special Orders (SO) Number 293, issued by Headquarters, U.S. Army Training Center, Fort Campbell, KY, on 15 November 1968, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

6.  SO Number 10, issued by Headquarters, U.S. Army Training Center, Fort Lewis, WA, on 10 January 1969, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

7.  Item 29 (Qualification in Arms) of his DA Form 20 (Enlisted Qualification Record) shows, in addition to qualifying with the M-14 and M-16 rifles, he also qualified marksman with the M-60 Machine Gun on 8 January 1969. 

8.  He served in Vietnam from 3 March to 13 August 1969, a period of 5 months and 10 days.  He was assigned to as follows: 

* from 15 March 1969 to 14 July 1969, Company D, 4th Battalion, 39th Infantry, 9th Infantry Division
* from 15 July 1969 to 13 August 1969, 5th Battalion, 60th Infantry, 9th Infantry Division
* on 14 August 1969, he departed in a patient status to the U.S. Army Hospital in the Ryukyu Islands
* on 26 August 1969, he departed the Ryukyu Islands and he was ultimately assigned to Fort Benning, GA

9.  His records contain Hospital Message Orders reassigning him from Vietnam in a patient status to the Medical Holding Center, Ryukyu Islands, on 14 August 1969. 

10.  His name is shown on the Vietnam casualty roster as having been wounded in action on 10 August 1969 in Vietnam.  

11.  His records contain multiple valor orders, all showing his last name as "MCCAULEY" and his SSN as "325-xx-xxxx."  However, his records do not contain orders awarding him the Purple Heart.

12.  He was honorably released from active duty in the rank/grade of specialist four (SP4)/E-4 on 24 September 1970.  He completed 2 years of active service with no lost time.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal with one bronze service star
* Combat Infantryman Badge
* Bronze Star Medal with "V” Device and 1st oak leaf cluster
* Air Medal with 1st oak leaf cluster
* Army Commendation Medal with "V" Device and 3rd oak leaf cluster
* Soldier's Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

13.  He provides a certificate, dated 11 August 1969, showing he was awarded the Purple Heart for wounds received in action on 10 August 1969 in Vietnam.  The certificate lists his last name as "MCCCAULEY" (there is an extra letter C in his last name) and his SSN as "525-xx-xxxx" (the number 5 instead of the number 3 in the first digit). 

14.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  It states the Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action.  Substantiating evidence must be provided to verify 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.

15.  A review of his service record shows no derogatory information that would disqualify him for the first award of the Army Good Conduct Medal.  Furthermore, item 38 (Record of Assignments) of his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his military service.

16.  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.

17.  Army Regulation 600-8-22 states 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.  Individuals who qualified for award of the Vietnam Service Medal and served for less than 6 months of service but were wounded as a result of hostile action, were captured by hostile forces but later escaped or were rescued or released, or were killed in action or otherwise in line of duty, are also entitled to award of the Republic of Vietnam Campaign Medal with Device (1960).

18.  Appendix B of Army Regulation 600-8-22 shows that during his service in Vietnam participation credit was awarded for the below campaigns. This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. 

* Tet 69 Counteroffensive 1969, 23 February 1969 to 8 June 1969
* Vietnam Summer-Fall 1969, 9 June 1969 to 31 October 1969

19.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows during his service with the 4th Battalion, 39th Infantry (15 March to 14 July 1969) in Vietnam, this unit was cited for the following awards:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from January to June 1969 based on Department of the Army General Orders (DAGO) Number 59, dated 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 19 December 1966 to 28 June 1969, based on DAGO Number 59, dated 1969

20.  DA Pamphlet 672-3 shows during his service with the 5th Battalion, 60th Infantry (15 July to 13 August 1969), this unit was cited for awards of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from January to June 1969, based on DAGO 59, dated 1969 
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 26 July 1969 to 20 July 1970, based on DAGO 55, dated 1971 

21.  DA Pamphlet 672-3 states not more than one Republic of Vietnam Gallantry Cross Unit Citation and/or the Republic of Vietnam Gallantry Cross with Palm Unit Citation will be worn by any individual.  Although multiple awards of these unit citation are not authorized for wear, official military and historical records will indicate all awards received.  However, in the case of duplicate awards covering the same period of time only one award will be recorded in official military and historical records.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's records contain orders reassigning him in a patient status to a military hospital.  His name is listed on the Vietnam casualty roster as having been wounded in action on 10 August 1969 and he provides a certificate showing award of the Purple Heart, albeit with a misspelled name and incorrect SSN.  It is clear he met the criteria for the Purple Heart.  He is also entitled to the issuance of a certificate showing his correct name and SSN and the addition of this award to his DD Form 214.  

2.  SO awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).  Therefore, he is entitled to correction of his DD Form 214 to show this badge.  

3.  His DA Form 20 also shows he qualified marksman with the M-60 Machine Gun on 8 January 1969.  Therefore, he is entitled to award of the Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60) and correction of his DD Form 214 to show this badge. 

4.  He was awarded the Vietnam Service Medal with one bronze service star.  However, he participated in two campaigns while serving in the Republic of Vietnam; therefore, he is entitled to award of two bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

5.  Although he completed less than 6 months of service in Vietnam, he was wounded in action and medically evacuated.  He met the criteria for the Republic of Vietnam Campaign Medal with 1960 Device should be added to his DD Form 214. 

6.  GO awarded his units in Vietnam two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and two awards of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  However, the Republic of Vietnam Gallantry Cross with Palm Unit Citations cover the same period of service.  By regulation, in the case of duplicate awards covering the same period of time only one award will be recorded in official military and historical records.  Therefore, he is entitled to correction of his DD Form 214 to show one of this unit award.

7.  He served honorably from 25 September 1968 through 24 September 1970.  He served in Vietnam, attained the rank/grade of SP4/E-4, received multiple valor awards, and received "excellent" efficiency and conduct ratings throughout his military service.  His records contain no derogatory information that would have disqualified him from receiving the first award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award the applicant the Army Good Conduct Medal and correct his DD Form 214 to show this medal.

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 the period  25 September 1968 – 24 September 1970
*  issuing him a Purple Heart certificate with the correct name and SSN
* deleting from his DD Form 214 the Vietnam Service Medal with one bronze service star
* adding to his DD Form 214 the:

* Purple Heart
* Army Good Conduct Medal (1st award)
* Vietnam Service Medal with two bronze service stars
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60)
* Republic of Vietnam Campaign Medal with 1960 Device
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (2nd 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)                                         AR20130011674



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ABCMR Record of Proceedings (cont)                                         AR20130011674



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