BOARD DATE:	  1 April 2014

		DOCKET NUMBER:  AR20130013939 


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 military service records to show award of the Purple Heart.

2.  The applicant states he was wounded in action while serving in the Republic of Vietnam (RVN) and he was hospitalized at Cam Ranh Bay, RVN.

3.  The applicant provides no additional documentation in support of this case.

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 10 September 1965.  He successfully completed basic combat training and advanced individual training and he was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  The applicant arrived in the RVN on 3 October 1967, with A Company, 3rd Battalion, 503rd Infantry, 173 Airborne Brigade (Separate).  

4.  General Orders Number 448, dated 9 February 1968, issued by Headquarters, 173 Airborne Brigade (Separate), show the applicant was awarded the Bronze Star Medal with "V" Device for exceptionally valorous actions on 27 December 1967 while serving as a team leader.

5.  The applicant's DA Form 20 (Enlisted Qualification Record) lists the following:

* item 38 (Record of Assignments) shows he received all "excellent" conduct and efficiency ratings throughout his service
* Item 40 (Wounds) shows the entry "Fragment Wound of the Buttocks & Left Side  21MAR68" 

6.  The applicant departed the RVN on 27 August 1968.  On 1 September 1968, he was honorably released from active duty in the rank of sergeant (SGT)/E-5 after completing 2 years, 11 months, and 22 days of creditable active service with no time lost.

7.  His DD Form 214 for the period ending on 1 September 1968 shows he was awarded:

* National Defense Service Medal
* Vietnam Service Medal 
* RVN Campaign Medal with Device (1960)
* Bronze Star Medal
* Combat Infantryman Badge
* Parachutist Badge
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)

8.  There are no general orders in his service personnel records that show he was awarded the Purple Heart.  His name does appear on the Vietnam casualty roster for wounds he received in action on 21 March 1968.  


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 him.

10.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  His records do not contain any adverse information. 

11.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained 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, and the medical treatment must have been made a matter of official record.  

12 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.  

13.  Army Regulation 600-200 (Enlisted Personnel Management), 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.

14.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam the applicant participated in the following four campaigns:

* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)  
* Tet Counteroffensive (30 January 1968 - 1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April  1968 - 30 June 1968) 
* Vietnam Counteroffensive Phase V (1 July 1968 - 1 November 1968)

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that at the time of the applicant's assignment to the 3rd Battalion, 503rd Infantry, 173 Airborne Brigade (Separate), the unit was cited for the award of the RVN Gallantry Cross with Palm Unit Citation for the period 22 October 1967 through 22 October 1970 by Department of the Army General Orders (DAGO) Number 51, dated 1973.

DISCUSSION AND CONCLUSIONS:

1.  There are no general orders awarding the applicant the Purple Heart. However, his name is listed on the Vietnam casualty roster and his wounds are recorded on his DA Form 20.  There is sufficient evidence to show the applicant was wounded as a result of hostile action.  Therefore, his DD Form 214 should be amended to show award of the Purple Heart.  

2.  Evidence of record show the applicant was awarded the Bronze Star Medal with "V" Device for exceptionally valorous actions on 27 December 1967 while serving as a team leader in the RVN.  His DD Form should be corrected to show award of the Bronze Star Medal with "V" Device.

3.  The applicant was honorably released from active duty in the rank/grade of SGT/E-5 with 2 years, 11 months, and 22 days of active service and no time lost. His record contains no derogatory information or a commander's disqualification 
for award of the Army Good Conduct Medal.  It appears he met the eligibility criteria for the first award of the Army Good Conduct Medal for the period 
10 September 1965 through 1 September 1968.  Therefore, it would be appropriate at this time to award him the Army Good Conduct Medal (1st Award) and to correct his DD Form 214 to show this award.

4.  His participation in four campaigns during his service in Vietnam entitles him to four bronze service stars for wear on his already-awarded Vietnam Service Medal.  Therefore, his DD Form 214 should be corrected to show these bronze service stars.

5.  During his assignment in Vietnam with the 3rd Battalion, 503rd Infantry, 
173 Airborne Brigade (Separate), his unit was cited for award of the RVN Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be corrected to show this unit award.





BOARD VOTE:

__X___  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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.  deleting from his DD Form 214 the Vietnam Service Medal and Bronze Star Medal;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period 
10 September 1965 through 1 September 1968; and

	c.  adding to his DD Form 214 the: 

* Purple Heart
* Bronze Star Medal with "V" Device
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* RVN 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)                                         AR20130013939





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ABCMR Record of Proceedings (cont)                                         AR20130013939



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