BOARD DATE:	  15 May 2014

		DOCKET NUMBER:  AR20130015114 


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 the Purple Heart.

2.  The applicant states he was wounded in action in Vietnam on 21 October 1967.  He was ultimately retired by reason of disability on 19 December 1968.

3.  The applicant provides his DD Form 214 and a Western Union Telegram.

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 16 June 1965.  He completed basic combat and advanced individual training and he was awarded military occupational specialty 11B (Light Weapons Infantryman). 
3.  Headquarters, 1st Training Brigade, U.S. Army Training Center - Infantry, Fort Gordon, GA, published the following special orders (SO) 

* SO Number 106, on 3 August 1965, awarding him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* SO Number 155, on 22 October 1965, awarding him the Expert Marksmanship Qualification Badge with Recoilless Rifle Bar

4.  SO Number 299, issued by Headquarters, U.S. Army Training Center, Infantry, Fort Benning, GA, on 15 December 1965 awarded him the Parachutist Badge. 

5.  He served in Vietnam from on or about 31 May 1967 to on or about 11 November 1967, a period of 5 months and 21 days.  He was assigned to Company C, 2nd Battalion, 327th Infantry Regiment.  

6.  He was wounded in action on 21 October 1967 when he was hit by hostile automatic weapon fire.  His wound was a result of hostile action.  He was treated at the 2nd Surgical Hospital in Vietnam.  His records show:

* He was transferred as a patient on 11 November 1967 to the 106th General Hospital and on 24 November 1967 to Valley Forge General Hospital in Phoenixville, PA
* His records contain multiple official telegrams and/or Western Union Telegrams informing his next of kin of this combat injury
* Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) reflects the entry "Gunshot Wound, chest, right leg, 21 October 1967"
* His name is shown on the Vietnam casualty roster as having been wounded in action on 21 October 1967 in Vietnam 

7.  He was considered by a physical evaluation board that recommended placing him on the temporary disability retired list (TDRL).  Accordingly, he was retired on 19 December 1968 and he was placed on the TDRL on 20 October 1968.  

8.  His DD Form 214 shows he was honorably retired in the rank/grade of specialist four (SP4)/E-4.  He completed 3 years, 6 months, and 4 days of active service with no lost time.  His DD Form 214 shows he was awarded or authorized the Parachutist Badge, National Defense Service Medal, Vietnam Service Medal, and Combat Infantryman Badge.

9.  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.

10.  A review of his service record shows he accepted nonjudicial punishment (NJP) under the provisions of Article 15 of the Uniform Code of Military Justice on 14 June 1967 for being found sleeping on radio watch on 14 June and 19 July 1967.  He was reduced from sergeant to corporal.  

11.  Aside from this NJP, he received 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, except an "unknown" rating on 13 June 1967 while assigned to the 2nd Battalion, 327th Infantry, and on 24 November 1967, while assigned to Valley Forge General Hospital. 

12.  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.

13.  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).

14.  Appendix B of Army Regulation 600-8-22 shows that during his service in Vietnam participation credit was awarded for the Vietnam Counteroffensive Phase (1 July 1966-31 May 1967) and the Vietnam Counteroffensive Phase III  (1 June 1967-29 January 1968) 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. 
15.  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
* Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973

DISCUSSION AND CONCLUSIONS:

1.  The applicant's records contain multiple documents - except orders - confirming he was wounded in action in Vietnam.  His DA Form 20 shows he sustained a gunshot wound on 21 October 1967 and was reassigned in a patient status to a military hospital.  His name is listed on the Vietnam casualty roster as having been wounded in action and his service record contains multiple Western Union telegrams informing his next of kin of this combat injury.  It is clear he met the criteria for the Purple Heart.  Therefore, he is entitled to award of the Purple Heart and the addition of this award to his DD Form 214.  

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

3.  He was awarded the Vietnam Service Medal.  Additionally, he participated in two campaigns while serving in Vietnam; therefore, he is entitled to award of two bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

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

5.  GO awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

6.  He served honorably from 16 June 1965 through 19 December 1968, thus completing 3 years, 6 months, and 4 days of honorable service.  He served in Vietnam, attained the rank/grade of E-5 (although he was reduced to E-4), received "excellent" efficiency and conduct ratings throughout his military service. Aside from one instance of NJP, 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  16 June 1965 through 15 June 1968
* awarding him the Purple Heat for wounds received in action in Vietnam on 21 October 1967
* deleting from his DD Form 214 the Vietnam Service Medal 
* adding to his DD Form 214 the:

* Purple Heart
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with two bronze service stars
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Recoilless Rifle Bar 
* Republic of Vietnam Campaign Medal with 1960 Device
* 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)                                         AR20130015114





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ABCMR Record of Proceedings (cont)                                         AR20130015114



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