BOARD DATE:	  28 October 2014

		DOCKET NUMBER:  AR20140001505 


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 (PH).

2.  The applicant states he was wounded in Vietnam in 1969 and never received his PH.

3.  The applicant provides:

* American Red Cross Message dated 30 June 1969
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* Vietnam Vascular Registry Card
   
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 military records show he was inducted into the Army of the United States on 24 May 1968.  He was trained in and awarded military occupational specialty 11C (Infantry Indirect Fire Crewman).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows:

   a.  he served in the Republic of Vietnam (RVN) with Company A, 2nd Battalion, 27 Infantry Regiment, from 21 October 1968 – 12 July 1969 when he was reassigned to the Medical Holding Company, United States Walson Army Hospital, Fort Dix, New Jersey, as a patient, in July 1969;

   b.  item 40 (Wounds) is blank; and

   c.  the PH is not included in item 41 (Awards and Decorations).

4.  The applicant's official military personnel file (OMPF) includes the following orders:

   a.  Headquarters 2nd Basic Combat Training Brigade, Special Orders (SO) Number (#) 135, dated 15 July 1968, announcing his "expert" qualification with the M-14 Rifle; and 
   
   b.  Headquarters 25th Infantry Division, published – 
   
* General Orders (GO) Number 8756, dated 11 December 1968, announcing his award of the Army Commendation Medal with "V" Device for heroism in action on 28 November 1968
* GO Number 5997, dated 26 April 1969, announcing his award of the ARCOM with "V" Device for heroism in action on 5 April 1969

5.  A DA Form 137 (Installation Clearance Record) dated 5 June 1970, shows his commander rated his conduct and efficiency as "excellent."

6.  On 5 June 1970, the applicant was honorably released from active duty after completing 2 years and 12 days of creditable active duty service, of which 8 months and 21 days was foreign service.  His DD Form 214 includes the following awards:

* National Defense Service Medal
* Vietnam Service Medal (VSM)
* ARCOM
* RVN Campaign Medal with Device (1960)
* Combat Infantryman Badge
7.  The applicant's record is void of any orders or other documents indicating he was awarded the PH by proper authority while serving on active duty.

8.  The applicant provides the following two documents:

   a.  An American Red Cross Message dated 30 June 1969, showing he was a patient at the 12th Evacuation Hospital for multiple fragmentation wounds he suffered to his buttocks, legs, right arm, and stomach on 29 June 1969.
   
   b.  A Vietnam Vascular Registry Card showing he has a permanent file at Walter Reed General Hospital.
   
9.  During the processing of this case, a member of the Board's staff reviewed the Department of the Army Vietnam casualty roster.  The applicant's name is not included on this list of RVN casualties.

10.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  

	a.  Paragraph 2-8 contains the regulatory guidance pertaining to awarding the PH.  It states the PH is awarded to any member who has been wounded or killed in action.  In order to support awarding a member the PH, it is necessary to establish that the wound, for which the award is being made 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 a medical officer and that treatment must have been made a matter of the official record.

	b.  Paragraph 2-13 of the awards regulation contains the regulatory guidance on the Vietnam Service Medal.  It 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 the applicant's service in Vietnam, he participated in the following four campaigns:

* Vietnam Counteroffensive Phase V
* Vietnam Counteroffensive Phase VII
* TET 69 Counteroffensive 1969
* Vietnam Summer-Fall 1969, 9 June 1969

   c.  Army Regulation 672-5-1 (Awards) 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.

11.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It confirms that during the applicant’s tenure of assignment in the RVN, the applicant's unit was cited for award of the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he is entitled to the PH for being wounded in the RVN. The American Red Cross Message he provides is accepted as sufficient evidence to confirm his wounding on 29 June 1969 and the subsequent medical treatment he received.  Accordingly, the regulatory criteria necessary for award of the PH has been substantiated.  Thus, it would be appropriate to award the applicant the PH for wounds received in action on 29 June 1969.

2.  The applicant's record confirms he received "excellent" conduct and efficiency ratings during his military service.  Further, his OMPF is void of any derogatory information or a specific disqualification by any of the active duty unit commanders for whom he served.  As a result, it would be appropriate to award him the first award of the AGCM for his qualifying period of honorable active duty service from 24 May 1968 to 5 June 1970.

3.  The evidence of record confirms the applicant was twice awarded the ARCOM for heroism; however, only one of these awards is listed on his 
DD Form 214, minus the "V" Device for Valor.  Therefore, his DD Form 214 should be corrected accordingly.

4.  The evidence of record also confirms the applicant qualified “expert” with the M-14 rifle and this qualification is not listed on his DD Form 214.  Accordingly, this qualification should be added to item 13 of his DD Form 214.

5.  Finally, based on the applicant's service and campaign participation in the RVN, he is also authorized the RVN Gallantry Cross with Palm Unit Citation, RVN Civil Actions Honor Medal First Class Unit Citation, and four bronze service stars to be affixed to his already-awarded VSM.  Thus, it would also be appropriate to add these awards to his DD Form 214 at this time.

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 from his DD Form 214 the:

* Army Commendation Medal
* Vietnam Service Medal

   b.  awarding him the Purple Heart for wounds received in action in the Republic of Vietnam on 29 June 1969;

   c.  awarding him the Army Good Conduct Medal (First Award), for his qualifying honorable active duty service from 24 May 1968 to 5 June 1970; and
      
   d.   Adding to his DD Form 214 the:
   
* Purple Heart
* Army Commendation Medal with one Oak Leaf Cluster and with "V" Device
* Army Good Conduct Medal
* Vietnam Service Medal with four bronze service stars









* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Expert Marksmanship Qualification Badge with Rifle 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)                                         AR20140001505





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140001505



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1