IN THE CASE OF:	  

		BOARD DATE:	  27 March 2014

		DOCKET NUMBER:  AR20130014002 


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

2.  The applicant states that he was awarded the Purple Heart; however, it is not reflected on his DD Form 214 and the Department of Veterans Affairs (VA) will not accept anything less than having it entered on his DD Form 214 to give him the services he needs. 

3.  The applicant provides a copy of his DD Form 214 and Purple Heart Certificate showing that on 18 May 1968 he was awarded the Purple Heart for wounds received on 15 May 1968.

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 on 27 September 1967.  He completed his basic training at Fort Benning, Georgia and his advanced individual training as a light weapons infantryman at Fort McClellan, Alabama  before being transferred to Vietnam on 11 March 1968 for assignment to Troop C, 3rd Squadron, 4th Cavalry Regiment, 25th Infantry Division.

3.  His DA Form 20 (Enlisted Qualification Record) shows in item 40 (Wounds) that he received fragmentation wounds to the right thigh on 15 May 1968 and in item 41 (Awards and Decorations) shows he was awarded the Purple Heart in General Orders Number 3676 issued by Headquarters, 25th Infantry Division on 18 May 1968.  However, the orders are not present in the available records.

4.  He served in five campaigns and departed Vietnam on 10 March 1969 for assignment to Fort Knox, Kentucky where he remained until he was honorably released from active duty (REFRAD) on 26 September 1969 due to the expiration of his term of service (ETS).  He had served 2 years of active service and his DD Form 214 issued at the time of his REFRAD shows he was awarded the Vietnam Service Medal, Vietnam Campaign Medal, Bronze Star Medal (2OLC), Army Commendation Medal (2), Combat Infantryman Badge and National Defense Service Medal.

5.  A review of his official records show that he had excellent conduct and efficiency ratings throughout his service and his record is void of any derogatory information that would served to disqualify him from award of the Army Good Conduct Medal (AGCM).

6.  Army Regulation 600-200, 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 (wounds) of the DA Form 20.  This regulation further stated that the date the wound or injury occurred would also be placed in item 40.

7.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM 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.  

8.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign.  A silver service star is authorized in lieu of five bronze service stars.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It shows the applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he served with the unit.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his award of the Purple Heart should be added to his DD Form 214 has been noted and appears to have merit.  Although orders are not present in the available records, his records contain annotations reflecting the nature and date of his wounds and orders numbers indicating that such an award was in fact made.  Accordingly, his award of the Purple Heart should be added to his DD Form 214 at this time.

2.  A review of the applicant's records shows he had "excellent" conduct and efficiency ratings throughout his period of service and his records contain no derogatory information that would serve to disqualify him for the AGCM (1st Award).  Therefore, it appears that the failure to award him this medal was the result of an administrative error.  Accordingly, he should be awarded the AGCM (1st Award) for the period 27 September 1967 to 26 September 1969 and his DD Form 214 should be corrected to show this award.

3.  The applicant served in five campaigns during his tour in Vietnam and thus is entitled to wear one silver service star on his already awarded Vietnam Service Medal and to have it added to his DD Form 214.

4.  Additionally, his unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he served with the unit and is entitled to have that award added to 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:

* Deleting the award of the Vietnam Service Medal from item 24 of his DD Form 214
* Awarding him the Army Good Conduct Medal (1st Award) for the period   27 September 1967 to 26 September 1969 
* Adding the awards of the Vietnam Service Medal with one silver service star, Purple Heart, AGCM (1st Award), and Republic of Vietnam Gallantry Cross with Palm Unit Citation to his DD Form 214 

2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      _______ _   __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)                                         AR20130014002





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ABCMR Record of Proceedings (cont)                                         AR20130014002



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