IN THE CASE OF:	  

		BOARD DATE:	  26 June 2014

		DOCKET NUMBER:  AR20130019790 


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) for the period ending 29 January 1968 to show award of the Purple Heart.

2.  He states his medical records show he was treated for a shrapnel wound received from hostile fire in February 1967.  He was told he would receive the Purple Heart for his wound, but because of all the activities going on in his company the award was forgotten. 

3.  He provides:

* Standard Form (SF) 89 (Report of Medical History)
* SF 88 (Report of Medical Examination)
* 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 enlisted in the Regular Army (RA) on 6 September 1960 for 
3 years.  He was honorably released from active duty on 13 August 1963.  On
15 April 1965, he again enlisted in the RA.  He served in the Republic of Vietnam (RVN) from 15 November 1965 through 27 January 1968 and was assigned to 155th Aviation Company.  

3.  On 29 January 1968, he was honorably released from active duty as an overseas returnee.  He was credited with completing 2 years, 9 months, and 15 days of net active service this period.  The DD Form 214 for the period ending 
29 January 1968 and DD Form 215 (Correction to DD Form 214) shows he was awarded the:

* National Defense Service Medal
* Vietnam Service Medal (VSM)
* RVN Campaign Medal with Device (1960)
* Aircraft Crewman Badge
* Overseas Service Bars
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Air Medal with "V" Device (19th Oak Leaf Cluster)
* Valorous Unit Award (1st Oak Leaf Cluster) 

4.  A review of The Adjutant General's Office, Casualty Division's Vietnam casualty listing does not show the applicant's name listed as a casualty.

5.  Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) is blank.  

6.  His records show no evidence of nonjudicial punishments under Article 15 of the Uniform Code of Military Justice for his second period of service from 15 April 1965 through 29 January 1968 and no evidence of courts-martial or any other type of adverse action.  Additionally, his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout this period of service.

7.  A 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 reveal any orders for the Purple Heart pertaining to the applicant.


8.  The applicant provided an SF 89 and 88 which show he was wounded on 
28 February 1967 by shrapnel from hostile fire.  Both of these forms are also contained in his military personnel file.    

9.  Army Regulation 600-8-22 (Military Awards) provides:

	a.  The Purple Heart is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that 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.

	b.  Paragraph 2-13, the regulatory guidance on the VSM, 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 the following campaigns:

* Vietnam Defense Campaign ( 8 March 1965 - 24 December 1965)
* Vietnam Counteroffensive ( 25 December 1965 - 30 June 1966)
* Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units that served in the Vietnam War.  This pamphlet shows 155th Aviation Company was cited for the RVN Gallantry Cross with Palm Unit Citation by Department of the Army General Order Number 6, dated 1974.

11.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the Army Good Conduct Medal (AGCM) is awarded to individuals who have completed a qualified period of active duty enlisted service.  This period is
3 years except in those cases when the period for the first award ends 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.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant's name is not listed on the Vietnam casualty listing and there are no orders located in his available file, his SF 88 and 89 confirm that he was wounded on 28 February 1967 by hostile fire.  Therefore, in the interest of justice, it would be appropriate to accept the SF 88 and 89 as proof of his wounding on 28 February 1967 and award him the Purple Heart.  He is also entitled to correction of his DD Form 214 to show this award.

2.  The available evidence shows he received "excellent" conduct and efficiency ratings throughout his service second period of service, he had no adverse actions, and no commander's disqualification.  Therefore, he is entitled to award of the AGCM (1st Award) and correction of his DD Form 214 to show this award.

3.  The evidence of record shows he is entitled to wear the RVN Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be corrected to show this award.

4.  The evidence shows he participated in four campaigns during his service in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show four bronze service stars to be worn on his already-awarded VSM.

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:

	a.  deleting from his DD Form 214 for the period ending 29 January 1968 the Vietnam Service Medal;

	b.  awarding him the Purple Heart for wounds received on 28 February 1967;

   c.  awarding him the Army Good Conduct Medal (1st Award) for the period 
15 April 1965 through 29 January 1968; and
   
   d.  adding to his DD Form 214 the:

* Purple Heart
* Army Good Conduct Medal (1st Award) 
* Vietnam Service Medal with four bronze service stars
* 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)                                         AR20130019790





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ABCMR Record of Proceedings (cont)                                         AR20130019790



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