IN THE CASE OF:	  

		BOARD DATE:	  22 July 2014

		DOCKET NUMBER:  AR20130020266 


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 award of the Purple Heart.

2.  He states he has provided:

* proof of his injury
* a written statement from the personnel who treated his injury

3.  He provides:

* a DA Form 1 (Morning Report)
* a personal statement

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's records show he was inducted into the Army of the United States (AUS) on 6 July 1967.  

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

	a.  item 31 (Foreign Service), he served in Vietnam from 29 November 1967 to 26 November 1968;

	b.  item 38 (Record of Assignments), he was assigned to Company B, 
4th Battalion, 31st Infantry Regiment, 196th Infantry, from 9 December 1967 to 
21 November 1968; 

	c.  item 38, no entry indicating he was in a patient status;

	d. item 38, he received all "excellent" ratings for conduct and efficiency; 

	e.  item 40 (Wounds), he received a fragment wound to his left thigh on 
10 January 1968; and 

   f.  item 41 (Awards and Decorations), does not list award of the Purple Heart but lists award of the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Army Commendation Medal, Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), Sharpshooter Marksmanship Qualification Badge with Machinegun Bar (M-60), Sharpshooter Marksmanship Qualification Badge with Pistol Bar (.45-Caliber), and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  He submitted:

	a.  a DA Form 1, dated 14 January 1968, which shows he was wounded in action and reassigned to the 2d Surgical Hospital on 8 January 1968; 

	b.  General Orders Number 7869, issued by Headquarters, Americal Division, dated 11 October 1968, which show he was awarded the Army Commendation Medal for meritorious service from December 1967 to September 1968; and  

	c.  a statement from Headquarters, 196th Infantry Brigade, Americal Division, wherein the brigade surgeon states the applicant was wounded as a result of hostile action on 10 January 1968.

5.  On 3 July 1969, he was released from active duty after serving 1 year, 
11 months, and 28 days.  This DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was awarded the National Defense Service Medal, Combat Infantryman Badge, Vietnam Service Medal, Republic of Vietnam Campaign Medal with "1960" Device, Army Commendation Medal, and Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

6.  He submitted a letter from the VA, dated 22 January 1981, which shows the fragment wound to his left knee and left thigh were listed as service-connected, but less than 10 percent disabling. 

7.  Review of the Adjutant General's Office Casualty Division's Vietnam casualty listing does not show the applicant as a casualty.

8.  A review of the Awards and Decorations Computer Assisted Retrieval System maintained by the U.S. Army Human Resources Command Military Awards Branch, which is an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal any orders for the Purple Heart pertaining to the applicant.

9.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained while in action against an enemy or 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.

10.  Army Regulation 600-200 (Enlisted Personnel Management System), chapter 9 of the version in effect at the time, stated a brief description of wounds or injuries (including injury from gas) requiring medical treatment received through hostile or enemy action, including those requiring hospitalization would be entered in item 40 of the DA Form 20.  This regulation further stated that the date the wound or injury occurred would also be placed in item 40.

11.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign.  A silver service star is authorized in lieu of five bronze service stars.  The applicant participated in the following campaigns:

* Vietnam Counteroffensive, Phase III, (1 June 1967 to 29 January 1968)
* Tet Counteroffensive, (30 January to 1 April 1968)
* Vietnam Counteroffensive, Phase IV, (2 April to 30 June 1968)
* Vietnam Counteroffensive, Phase V, (1 July to 1 November 1968)
* Vietnam Counteroffensive, Phase VI, (2 November 1968 to 22 February 1969)
12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows:

	a.  Company B, 4th Battalion, 31st Infantry Regiment, 196th Infantry Brigade, was cited for award of the Valorous Unit Award for the period 15 November 1967 through 3 February 1968 by Department of the Army General Order (DAGO) Number 5, dated 1969; and

	b.  DAGO Number 8, dated 1974, awarded 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 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.

13.  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.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s service record does not contain orders which authorize him award of the Purple Heart.  However, a DA Form 1 shows he was wounded in action on 8 January 1968 and his DA Form 20 shows he was wounded in action on 10 January 1968 in Vietnam and that is further corroborated by a statement from his brigade surgeon.  This evidence is sufficient as a basis to award him the Purple Heart and to correct his DD Form 214 to show award of the Purple Heart.

2.  The available evidence confirms the applicant served in the AUS from 
6 July 1967 to 3 July 1969.  His records show he received "excellent" conduct and efficiency ratings throughout his service.  There is no evidence of any derogatory information that would have disqualified him from award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) for the period 6 July 1967 to 3 July 1969 and correct his DD Form 214 to show this medal.



3.  The applicant participated in five campaigns during his service in Vietnam that entitles him to one silver service star for wear on his already-awarded Vietnam Service Medal.  Therefore, his DD Form 214 should be corrected to show his silver service star.

4.  The applicant's unit was cited for award of the Valorous Unit Award and Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show this unit award.

5.  Special orders awarded him the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar (M-60), Sharpshooter Marksmanship Qualification Badge with Pistol Bar (.45-Caliber), and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).  Therefore, his DD Form 214 should be corrected to show these awards. 

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.  deleting the Vietnam Service Medal from his DD Form 214;

	b.  awarding him the Purple Heart for wounds sustained on 10 January 1968;

   c.  awarding him the Army Good Conduct Medal (1st Award) for the period 
6 July 1967 to 3 July 1969; and
   
   d.  adding the Purple Heart, Army Good Conduct Medal (1st Award), Vietnam Service Medal with one silver service star, Valorous Unit Award, Republic of 


Vietnam Gallantry Cross with Palm Unit Citation, and Sharpshooter Marksmanship Qualification Badge with Machinegun Bar (M-60), Pistol Bar (.45 Caliber), and Rifle Bar (M-14) to his DD Form 214. 



      ____________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)                                         AR20130020266



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ABCMR Record of Proceedings (cont)                                         AR20130020266



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