IN THE CASE OF:	  

		BOARD DATE:	 29 May 2014 

		DOCKET NUMBER:  AR20130017190 


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 he was awarded the Purple Heart for wounds received in action during his service in Vietnam.

2.  The applicant states:

* The Purple Heart has not been reflected on his DD Form 214
* He has his original Purple Heart Certificate and a photograph of himself being awarded the medal
* It should have been annotated on his DD Form 214 when he was discharged from the Army in 1968

3.  The applicant provides:

* DD Form 214, dated 27 February 1968
* Purple Heart Certificate, dated 13 July 1967
* Copy of a photograph of himself being awarded the Purple Heart

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 23 June 1966.  He completed training as a light weapons infantryman.  He arrived in Vietnam on 15 January 1967 and he was assigned to Company B, 2nd Battalion (Airborne), 327th Infantry.

3.  He participated in the Vietnam Counteroffensive, Phase II Campaign, which extended from 1 July 1966 through 31 May 1967 and the Vietnam Counteroffensive, Phase III Campaign, which extended from 1 June 1967 through 29 January 1968.

4.  The applicant's Army Military Human Resource Record (AMHRR) contains a message from the casualty section which states that on 12 June 1967 he sustained a gunshot wound in his right upper arm.  The message states he was mistaken for hostile force and was hit by friendly small arms fire.

5.  On 13 July 1967, General Orders Number 64 were published awarding the applicant the Purple Heart for wounds received in connection with military operations against a hostile force on 12 June 1967.

6.  He departed Vietnam on 29 July 1967.  He was released from active duty on 27 February 1968 and he was placed on the temporary disability retired list (TDRL).  His DD Form 214 shows the following awards:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal with Device (1960)
* Parachutist Badge

7.  The applicant's conduct and efficiency ratings were all “excellent” and his AMHRR contains no evidence of any court-martial convictions while he was in the Army.

8.  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.  

9.  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.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This pamphlet shows the unit to which the applicant was assigned was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 9 December 1966 to 18 January 1967 by Department of the Army General Order Number 21, dated 1969.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted.  His supporting evidence has been considered.

2.  He was awarded the Purple Heart in General Orders Number 64.  His award should be added on his DD Form 214.

3.  The applicant's conduct and efficiency ratings were all “excellent” and his AMHRR contains no evidence of any court-martial convictions while he was in the Army.  Based on the applicable regulation, he should be awarded the Army Good Conduct Medal and it should be added on his DD Form 214.

4.  The unit to which he was assigned was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and he is authorized two bronze service stars based on his campaign participation.  His DD Form 214 should be corrected to show these awards.

5.  In view of the foregoing, his records should be corrected as recommended below.







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 (First Award) for exemplary conduct and efficiency from 23 June 1966 through 27 February 1968 and amending his DD Form 214 to add the following awards:

* Purple Heart
* Army Good Conduct Medal (First Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Two bronze service stars to be affixed to his already-awarded Vietnam Service Medal




      _______ _   ___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)                                         AR20130017190



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ABCMR Record of Proceedings (cont)                                         AR20130017190



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