IN THE CASE OF:	  

		BOARD DATE:	  10 April 2014

		DOCKET NUMBER:  AR20130015017 


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 turned down the award the Purple Heart for injuries he sustained to his leg and ankle when he jumped from a helicopter after receiving ground fire. 

3.  The applicant provides 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 was inducted into the Army of the United States on 29 April 1968 and he held military occupational specialty 95B (Military Policeman).

3.  His record contains a DA Form 20 (Enlisted Qualification Record) that shows in:

	a.  item 31 (Foreign Service) he served in Vietnam from 16 September 1968 through 29 August 1969.

	b.  item 38 (Record of Assignment) he was assigned to:

* the 25th Military Police Company, 25th Infantry Division from 
27 September 1968 to 23 February 1969
* Troop D, 3rd Squadron, 4th Cavalry, 25th Infantry Division from 
24 February to 28 August 1969
* received all "excellent" conduct and efficiency ratings throughout his service

	c.  item 40 (Wounds) he sprained his right ankle on 5 April 1969.

4.  On 28 April 1970, he was honorably released from active duty and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual) to complete his remaining service obligation.  He completed 2 years of total active service.  The DD Form 214 he was issued shows he was awarded or authorized the:

* National Defense Service Medal
* Air Medal
* Combat Infantryman Badge
* Vietnam Service Medal
* Aircraft Crewman Badge
* Bronze Star Medal
* Republic of Vietnam Campaign Medal with "1960" device
* two Overseas Service Bars
* Expert Marksmanship Qualification Badge with Rifle Bars (M-14 and 
M-16)
* Marksman Marksmanship Qualification Badge with Pistol Bar (.45)

5.  There is no evidence of derogatory information or a commander's disqualification that would have precluded the applicant from being recommended for or awarded the first award of the Army Good Conduct Medal.

6.  Review of The Adjutant General's Office, Casualty Division's Vietnam casualty listing shows the applicant's name is listed as a casualty on 5 April 1969 under casualty status code "23."  This casualty code refers to "hostile wounded in action, not serious, hospitalized."

7.  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 U.S. Army Human Resources Command Military Awards Branch, failed to find an award of the Purple Heart pertaining to the applicant.

8.  Army Regulation 672-5-1 (Decorations and 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.

9.  Army Regulation 600-8-22 (Military Awards) states 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 four campaigns:

* Vietnam Counteroffensive Phase V (1 July - 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* Tet 69 Counteroffensive (23 February - 8 June 1969)
* Vietnam Summer-Fall 1969 (9 June 1969 - 30 April 1970)

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:

	a.  the 25th Military Police Company, 25th Infantry Division, was cited for award of the Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation for the period 1 September 1968 through 30 September 1970 by Department of the Army General Order (DAGO) Number 5, dated 1973 and the RVN Civil Actions Honor Medal First Class Unit Citation for the period 13 March 1966 through 21 January 1970 by DAGO 51, dated 1971;
	
	b.  the 3rd Squadron, 4th Cavalry was cited for award of the RVN Gallantry Cross with Palm Unit Citation for the period 1 January through 31 March 1969 by DAGO Number 43, dated 1970; and

	c.  Troop D, 3rd Squadron, 4th Cavalry was cited for award of the Presidential Unit Citation for the period 24 April through 26 April 1969 by DAGO 14, dated 1973.

11.  Department of the Army (DA) Pamphlet 672-3, paragraph 6 (Miscellaneous Information) states that not more than one award of the RVN Gallantry Cross with Palm Unit Citation may be worn by any individual.  Although wear of multiple awards of this unit citation badge is not authorized, official military personnel and historical records will indicate all awards received.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his DD Form 214 to show the award of the Purple Heart.

2.  Item 40 of his DA Form 20 shows he sustained an injury on 5 April 1969 and his name is listed on the Vietnam casualty listing for an incident on the same day.  There is sufficient evidence that shows he was injured in action in Vietnam on
5 April 1969 as a result of hostile action.  Therefore, it would be appropriate at this time to award him the Purple Heart for wounds received in action in Vietnam on 5 April 1969 and to correct his DD Form 214 to show this award.

3.  His units in Vietnam were cited for award of Presidential Unit Citation, two RVN Gallantry Cross with Palm Unit Citations, and the RVN Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show these awards.  The applicant should be aware that only one RVN Gallantry Cross with Palm Unit Citation is authorized for wear on the military uniform.

4.  He participated in four campaigns during his service in Vietnam that entitles him to one bronze service star for wear on his previously-awarded Vietnam Service Medal.  Therefore, his DD Form 214 should be corrected to show this four bronze service stars.

5.  Records show he received all "excellent" conduct and efficiency ratings throughout his service with no evidence of a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) for the period 29 April 1968 through 28 April 1970 and his DD Form 214 should be corrected to show this award.

6.  In view of the above, his request should be granted.	

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.  awarding him:

* the Purple Heart for wounds received in action on 5 April 1969
* Army Good Conduct Medal (1st Award) for the period 29 April 1968 through 28 April 1970

	b.  adding to his DD Form 214 the:

* Purple Heart
* Army Good Conduct Medal (1st Award)
* Presidential Unit Citation











* four bronze service stars for wear on his previously-awarded Vietnam Service Medal 
* RVN Gallantry Cross with Palm Unit Citation (2nd Award)
* RVN Civil Actions Honor Medal First Class 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)                                         AR20130015017





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ABCMR Record of Proceedings (cont)                                         AR20130015017



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