BOARD DATE:	  11 June 2014

		DOCKET NUMBER:  AR20130017140 


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 on 19 November 1967 on Highway 1 outside of T?n An, Vietnam, while assigned to Battery H, 29th Artillery Regiment, 9th Infantry Division.  He lost the citation when his home was flooded.  He needs the Purple Heart shown on his DD Form 214 to qualify for a specialized license plate for his vehicle.

3.  The applicant provides no additional evidence.

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.  On 13 June 1966, the applicant was inducted into the Army of the United States.  He completed basic and advanced individual training as an artilleryman and was assigned to Battery H, 29th Artillery Regiment, which made a unit change of station to Vietnam in March 1967.

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

	a.  he served in Vietnam from 2 March 1967 to on or about 27 November 1967;

	b.  he sustained a shrapnel wound in his left lower leg on 19 November 1967;

	c.  he apparently was medically evacuated from Vietnam to the Medical Holding Company, Ireland Army Hospital, Fort Knox, KY;

	d.  all his conduct and efficiency ratings were "excellent"; and

4.  The applicant reported that he had been wounded in action in both legs in the medical history he submitted for his separation physical examination.  The examining physician noted, "GSW [gunshot wound] both legs."

5.  On 12 June 1968, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve in pay grade E-4.  His DD Form 214 lists his authorized awards as the:

* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Rifle Bar
* National Defense Service Medal
* Vietnam Service Medal
* RVN Campaign Medal with Device (1960)
* Driver and Mechanic Badge with Driver Bar

6.  The Vietnam casualty roster shows the applicant as a hospitalized battle casualty on 19 November 1967.

7.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era and maintained by the U.S. Army Human Resources Command Military Awards Branch, failed to reveal orders pertaining to the applicant.

8.  Army Regulation 600-200 (Enlisted Personnel Management System), chapter 9 of the version in effect at the time, stated the date and a brief description of wounds or injuries received through hostile or enemy action requiring medical treatment, including those requiring hospitalization, would be entered in item 40 (Wounds) of the DA Form 20.

9.  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.  

10.  Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  Designated campaigns coinciding with the applicant's service in Vietnam included:

* Vietnam Counteroffensive Phase II (1 July 1966-31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967-29 January 1968)

11.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows Battery H, 29th Artillery Regiment, was awarded the RVN Gallantry Cross with Palm Unit Citation for the period 1 March 1966 through 26 March 1967 by Department of the Army General Orders Number 22, dated 1968, and for the period 27 March 1967 through 17 May 1968 by Department of the Army General Orders Number 46, dated 1969.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requested correction of his DD Form 214 to show award of the Purple Heart.  He stated he lost the certificate when his home was flooded.

2.  The evidence shows the applicant was wounded in action on 19 November 1967.  He was hospitalized and evacuated from Vietnam about 8 days later.  The fact that he had a Purple Heart Certificate shows the Purple Heart was properly awarded.  

3.  Issuance of new orders is not appropriate.  However, award of the Purple Heart should be added to the applicant's DD Form 214 and he should be issued a replacement certificate.

4.  The applicant was inducted and served his entire active duty commitment without an offense of record and with exclusively "excellent" conduct and efficiency ratings.  Notwithstanding the absence of a recommendation from his commander, he should be awarded the Army Good Conduct Medal.  

5.  The applicant served in Vietnam during two campaigns and is authorized two bronze service stars for wear on his already-awarded Vietnam Service Medal.

6.  His unit was awarded the RVN Gallantry Cross with Palm Unit Citation for two separate periods that coincide with his tour of duty.  Although only one is authorized for uniform wear, both should be 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:

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 Army Good Conduct Medal (1st Award) for the period 13 June 1966 through 12 June 1968,

	b.  adding the following awards to his DD Form 214:

* Purple Heart
* Army Good Conduct Medal (1st Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)
* two bronze service stars for wear on his already-awarded Vietnam Service Medal




	c.  issuing a replacement Purple Heart Certificate for wounds he sustained in action on 19 November 1967.



      __________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)                                         AR20130017140



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ABCMR Record of Proceedings (cont)                                         AR20130017140



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