IN THE CASE OF:  

		BOARD DATE:  11 September 2014

		DOCKET NUMBER:  AR20140001797 


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 award of the Purple Heart and any other authorized medals.

2.  The applicant states he never received the Purple Heart for the injuries he received in Vietnam.  He was injured several times.  The third time he was transferred to the 107th General Hospital in Japan to try to save his leg.

3.  The applicant provides a copy of his 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 was inducted on 24 August 1967.  He held military occupational specialty (MOS) 11B (Light Weapons Infantryman).

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

	a.  item 38 (Record of Assignments):  he was assigned as a rifleman in Troop C,  2nd Squadron, 17th Cavalry, 1st Air Cavalry Division (Vietnam) from 20 April 1968 to 27 September 1968, when he was reassigned as a patient to the Medical Holding Company, 106th General Hospital;

	b.  item 38:  his conduct and efficiency ratings were "excellent"; 

	c.  item 40 (Wounds):  no entry; and 

	d.  item 41 (Awards and Decorations):  he was awarded the National Defense Service Medal, Vietnam Service Medal, Combat Infantryman Badge, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14). 

4.  He was honorably released from active duty on 22 August 1969 as a specialist four (SP4)/E-4, after completing 1 year, 11 months, and 29 days of active duty service.  His DD Form 214 shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, and the Combat Infantryman Badge.

5.  His name is not listed on the Vietnam Casualty Roster.

6.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), a partial compilation of general orders issued during the Vietnam era maintained by the Awards Branch of the U.S. Army Human Resources Command, failed to reveal anything pertaining to the applicant.

7.  His record contains:

	a.  Special Orders 314, Headquarters, U.S. Army Training Center, Infantry and Fort Polk, Louisiana, dated 6 December 1967, showing he was awarded the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar and Rifle Bar (M-16).

	b.  A Standard Form (SF) 88 (Report of Medical Examination), dated 8 July 1969, which shows in item 74 (Summary of Defects and Diagnoses) he suffered multiple wounds to his face, neck, chest, abdomen, genitalia, and all four extremities.

	c.  An SF 89 (Report of Medical History), dated 8 July 1969, which shows in item 39 (Physician's Summary and Elaboration of all Pertinent Data) the entry "RVN Joints 2 Wound R Shoulder and both knees."

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

	a.  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 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.   A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  During his service in Vietnam, the applicant participated in the following two campaigns: 

* Vietnam Counteroffensive Phase IV                    2 April - 30 June 1968
* Vietnam Counteroffensive Phase V                     1 July - 1 November 1968

9.  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.  There must have been no convictions by a court-martial.

10.  Department of the Army Pamphlet (DA Pam) 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the Republic of Vietnam.  This pamphlet shows the 2nd Squadron, 17th Cavalry, was cited for award of the Vietnam Gallantry Cross with Palm Unit Citation for the period 19 April-15 August 1968 in Department of the Army General Orders (DAGO) Number 21, dated 1969 and for the period 15 August 1968-14 May 1969 in DAGO Number 43, dated 1970.

11.  DA Pam 672-3 states not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual.  Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.  



DISCUSSION AND CONCLUSIONS:

1.  The available evidence clearly shows he distinguished himself in the performance of his military service as evidenced by his "excellent" conduct and efficiency ratings, honorable release from active duty, and advancement to SP4.  There is no evidence of a commander's disqualification for the first award of the Army Good Conduct Medal.  It is presumed that his not receiving the first award of the Army Good Conduct Medal for his service was an oversight.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award).

2.  Orders show he was awarded the Sharpshooter Marksmanship Qualification Badge with Machinegun and Rifle Bars.

3.  Records show he participated in two campaign periods during his service in Vietnam.  Therefore, he is authorized two bronze service stars for wear on his already-awarded Vietnam Service Medal.

4.  His unit was twice cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for a period of time that included the applicant's tour of duty.

5.  All of the applicant's awards should be correctly shown on his DD Form 214. 

6.  However, while there is evidence he received wounds while in Vietnam there is no substantiating evidence showing the wounds were the result of hostile action. 

BOARD VOTE:

________  ________  ______ _  GRANT FULL RELIEF 

___X____  ____X___  ___X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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 Army Good Conduct Medal (1st Award) for the period 
24 August 1967 to 22 August 1969; and

	b.  adding to his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* two bronze service stars to be worn on his already-awarded Vietnam Service Medal
* Expert Marksmanship Qualification Badge with Machinegun and Rifle Bars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to correcting his DD Form 214 to show he was entitled to the Purple Heart.



      _______ _   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)                                         AR20130006990



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ABCMR Record of Proceedings (cont)                                         AR20140001797



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