IN THE CASE OF:

		BOARD DATE:  20 March 2014

		DOCKET NUMBER:  AR20130013592 


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 was wounded in Vietnam on 24 June 1966, but did not receive the Purple Heart.

3.  The applicant provides copies of:

* the page of his DA Form 20 (Enlisted Qualification Record) showing item 40 (Wounds)
* National Personnel Records Center letter, dated 26 October 2011
* letter from his member of congress, dated 3 July 2013
* 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 enlisted in the Regular Army on 29 June 1965.  He completed training, to include basic airborne, and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  His DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 38 (Record of Assignments) he was assigned as an automatic riflemen in Company A, 2nd Battalion 7th Cavalry, 1st Cavalry Division (Vietnam) from 3 February 1966 to 23 January 1967.

	b.  item 38 that his conduct and efficiency ratings were "excellent";

	c.  item 40 (Wounds): "Gun shot wounds to neck and left arm 24 Jun 66" 

4.  He was honorably released from active duty on 26 January 1968 as a sergeant (SGT)/E-5.  He had completed 2 years, 11 months, and 28 days of active duty service.  His DD Form 214 lists the Parachutist Badge, National Defense Service Medal, Vietnam Service Medal with two bronze service stars, Vietnam Campaign Medal, and the Combat Infantryman Badge.

5.  The applicant's name is listed on the Vietnam Casualty Roster showing he was wounded in action on 24 June 1966, 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.  His record contains:

	a..  General Orders 297, 1st Cavalry Division, dated 24 January 1967, showing he was awarded the Air Medal for the period January to December 1966. 

	b.  Special Orders 339, 5th Infantry Division, Fort Carson, Colorado, dated 
5 December 1967, showing he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar.

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.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the Republic of Vietnam.  This pamphlet shows the 2nd Battalion, 7th Cavalry, was cited for award of the Presidential Unit Citation for the period 25 August 1966-
4 April 1967 in Department of the Army General Orders (DAGO) Number 2, dated 1973.

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 on 24 June 1966.  He is entitled to the Purple Heart.  

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.  Orders show he was awarded the Air Medal and the Expert Marksmanship Qualification Badge with Rifle Bar.

4.  His unit was awarded the Presidential Unit Citation and 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 29 January 1965 to 28 January 1968 and the Purple Heart for wounds sustained in action on 24 June 1966; and

   b.  adding to his DD Form 214 the:

* Purple Heart
* Army Good Conduct Medal (1st Award)
* Air Medal
* Expert Marksmanship Qualification Badge with Rifle Bar
* Presidential 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)                                         AR20130006990



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ABCMR Record of Proceedings (cont)                                         AR20130013592



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