BOARD DATE:	  26 June 2014

		DOCKET NUMBER:  AR20130019581 


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 record to show award of the Purple Heart. 

2.  The applicant states he was wounded on 22 July 1968, triaged, medically evacuated to a hospital and then returned to duty.  He doesn't know why he didn't receive the Purple Heart.  He states that his Army Commendation Medal (ARCOM) with "V" Device provides proof of his being wounded in combat.

3.  The applicant provides:

* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* Headquarters, 101st Airborne Division, General Orders Number 9967
* ARCOM Certificate

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 28 September 1967, he was inducted into the Army of the United States.  He was awarded military occupational specialty 11B (Light Weapons Infantryman).  The highest rank/grade he held was specialist four/E-4.

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

* item 31 (Foreign Service) – he was credited with service in Vietnam beginning on 24 April 1968
* item 38 (Record of Assignments) – he was assigned to Company B, 2nd Battalion, 506th Infantry, performing duties as a rifleman during the period 4 May 1968 to 3 May 1969
* item 38 – all "excellent" conduct and efficiency ratings
* item 40 (Wounds) – no identified battle wounds

4.  Special Orders Number 326, issued by Headquarters, U.S. Army Training Center, Armor, dated 22 November 1967, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

5.  Special Orders Number 21, issued by Headquarters, U.S. Army School/Training Center and Fort McClellan, dated 24 January 1968, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).

6.  Special Orders Number 29, issued by Headquarters, U.S. Army School/Training Center and Fort McClellan, dated 2 February 1968, awarded him the Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60).

7.  Headquarters, 101st Airborne Division, General Orders Number 9549, dated 19 November 1968, awarded him the ARCOM for meritorious achievement during the period 1 May 1968 to 30 September 1968.

8.  Headquarters, 101st Airborne Division, General Orders Number 9967, dated 28 November 1968, awarded him the ARCOM with "V" Device for heroism during combat operations for action on 22 July 1968.  The award narrative states, in part, "Although he was wounded several times he continued to move forward until he lost consciousness."

9.  On 6 May 1969, he was honorably released from active duty as an overseas returnee.  He completed 1 year, 7 months, and 9 days of active service.

10.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* ARCOM
* Air Medal
* Vietnam Service Medal (VSM)
* Combat Infantryman Badge
* Republic of Vietnam Campaign Medal with Device (1960)
* Parachutist Badge

11.  His records are void of orders awarding him the Purple Heart.

12.  A review of his record indicates entitlement to additional awards not listed on his DD Form 214.

13.  His records are void of any orders or other documents that indicate he was awarded the Army Good Conduct Medal (AGCM) by proper authority.  There are no adverse actions recorded in the applicant's available records or any record of a disqualification by his chain of command that would have precluded him from being recommended for or awarded the AGCM.

14.  Army Regulation 672-5-1 (Military Awards), in effect at the time, required that the enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial throughout a qualifying period of service for award of the AGCM.  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 of less than 3 years but more than 1 year.

15.  Army Regulation 600-8-22 (Military Awards) 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.

16.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon, to include the VSM, for each credited campaign.  The Vietnam campaigns are listed in appendix B.  His service in Vietnam coincided with four campaigns:

* Vietnam Counteroffensive Phase IV (2 April-30 June 1968)
* 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)

17.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows Company B, 2nd Battalion, 506th Infantry, was awarded the following during his assignment to the unit:

* Presidential Unit Citation for the period 13 June-23 September 1968
* Meritorious Unit Commendation for the period 14 March-3 October 1968
* RVN Gallantry Cross with Palm Unit Citation for the period 19 July 1968-14 May 1969
* RVN Civil Actions Honor Medal First Class Unit Citation for the period 3 October 1968-2 May 1970

DISCUSSION AND CONCLUSIONS:

1.  The applicant's records are void of orders awarding him the Purple Heart.  His record is also void of evidence showing he was treated for wounds received as a result of hostile action.  However, his statement that he was wounded on 22 July 1968 and treated (triaged and medically evacuated to a hospital) are accepted based on the narrative in his ARCOM with "V" Device orders.  These orders clearly state he was wounded several times during combat operations and continued to move forward until he lost consciousness.  As such, it would be appropriate to award him the Purple Heart for wounds he received on 22 July 1968 and to add this award to his DD Form 214.

2.  General Orders Number 9549 awarded him the ARCOM.  General Orders Number 9967 awarded him the ARCOM with "V" Device.  Therefore, he is entitled to correction of his DD Form 214 to show the ARCOM (2nd Award) with "V" Device.  

3.  He completed a period of qualifying service ending with the termination of a period of active Federal military service.  Records show he received all "excellent" conduct and efficiency ratings throughout his service.  There is no record of any disciplinary actions or a commander's disqualification that would have precluded the applicant from being recommended for or awarded the first award of the AGCM.  The fact he was awarded two ARCOMs and held the rank of specialist during a relatively short period of service depicts his actions and service as honorable.  Therefore, it would be appropriate at this time to award him the AGCM (1st Award) for the period 28 September 1967 through 6 May 1969 and to add this award to his DD Form 214.

4.  Evidence shows he participated in four campaigns while serving in Vietnam.  Therefore, it would be appropriate to show his already-awarded VSM with four bronze service stars on his DD Form 214.

5.  The unit he was assigned to was awarded the PUC, MUC, RVN Gallantry Cross with Palm Unit Citation, and RVN Civil Actions Honor Medal First Class Unit Citation during his service with that unit in Vietnam.  Therefore, his DD Form 214 should be corrected to show these unit awards.

6.  Special orders awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), and Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60).  Therefore, he is entitled to have his DD Form 214 corrected to show these qualification badges.

7.  In view of the foregoing, he is entitled to have his records corrected as shown below.

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 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:

	a.  awarding him the Purple Heart for wounds received on 22 July 1968;

   b.  awarding him the AGCM (1st Award) for the period 28 September 1967 through 6 May 1969;

	c.  deleting the ARCOM and VSM from his DD Form 214; and


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

* Purple Heart
* ARCOM (2nd Award) with "V" Device
* AGCM (1st Award)
* VSM with four bronze service stars
* PUC
* MUC
* RVN Gallantry Cross with Palm Unit Citation
* RVN Civil Actions Honor Medal First Class Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Machine Gun Bar




      _______ _   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)                                         AR20130019581



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ABCMR Record of Proceedings (cont)                                         AR20130019581



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