IN THE CASE OF:  	  

		BOARD DATE:  16 December 2014	  

		DOCKET NUMBER:  AR20140006924 


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show all of his authorized awards.

2.  The applicant states he was wounded in action (WIA) on 20 May 1969 in the Republic of Vietnam (RVN); however, the Purple Heart (PH) is not listed on his DD Form 214.  He was also awarded the Combat Infantryman Badge (CIB) and the Army Good Conduct Medal (AGCM), but they are not on his DD Form 214.

3.  The applicant provides copies of a letter pertaining to his award of the PH, his AGCM award orders, and 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 into the U.S. Army on 8 May 1968.  He was awarded military occupational specialty 11B (Light Weapons Infantryman).
He was promoted to sergeant (E-5) on 9 January 1969.

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

* item 31 (Foreign Service), he served in –

* Vietnam from 13 April 1969 through 18 July 1969
* Hawaii from 25 July 1969 through 30 April 1970

* item 38 (Record of Assignments) –

* Company A, 3rd Battalion, 60th Infantry, 9th Infantry Division, from 23 April through 23 May 1969
* Medical Hold Detachment, U.S. Army Hospital (USAH), Ryukyu Islands (RYIS), Okinawa, from 24 May through 15 June 1969
* Casual Detachment, USAH RYIS, Okinawa, from 16 June through 24 July 1969

* item 40 (Wounds):  fragment wound right arm, right leg, 20 May 1969

4.  Headquarters, U.S. Army Training Center (USATC), Infantry, Fort Dix, NJ, Special Orders (SO) awarded the applicant the Marksmanship Qualification Badge, as follows –

* SO Number 181, dated 29 June 1968 – the Sharpshooter Marksmanship Qualification Badge with (M-14) Rifle Bar
* SO Number 192, dated 10 July 1968 – the Expert Marksmanship Qualification Badge with (M-16) Rifle Bar

5.  Headquarters, USATC, Infantry, Fort Knox, KY, SO Number 212, paragraphs 217 and 247, dated 20 August 1968, awarded the applicant the –

* Sharpshooter Marksmanship Qualification Badge with (M-60) Machinegun Bar
* Sharpshooter Marksmanship Qualification Badge with (M-16) Automatic Rifle Bar

6.  Headquarters, 9th Infantry Division, SO Number 133, dated 13 May 1969, awarded the applicant the CIB.

7.  Headquarters, U.S. Army Vietnam, Casualty Report message, 220811Z May 1969, shows, on 20 May 1969 at 1508 hours, the applicant sustained fragment wounds to his right arm, right leg, and left shoulder while on a reconnaissance-in-force mission when a hostile force was encountered and engaged in a firefight.

8.  Headquarters, 9th Infantry Division, General Orders (GO) Number 7793, dated 28 June 1969, awarded the applicant the Air Medal (AM) for meritorious achievement while participating in sustained aerial flight during the period 5 May 1969 to 28 May 1969.

9.  Headquarters, 4th Brigade, 25th Infantry Division, GO Number 22, dated 
4 May 1970, awarded the applicant the AGCM (1st Award) for exemplary behavior, efficiency, and fidelity during the period 8 May 1968 to 30 April 1970.

10.  A DD Form 214 shows he was honorably released from active duty on 2 May 1970 and transferred to the U.S. Army Reserve Control Group (Annual Training).  He had completed 1 year, 11 months, and 25 days of net active duty service this period.  It also shows the –
 
* NDSM
* VSM
* RVN Campaign Medal with Device (1960)

11.  A review of The Adjutant General's Office, Casualty Division's Vietnam casualty roster shows the applicant's name as a casualty on 20 May 1969, casualty status code 23 (hostile wounded in action:  not serious, hospitalized).

12.  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, Awards and Decorations Branch, failed to reveal any additional award orders pertaining to the applicant.

13.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

   a.  The Purple Heart is awarded to any member who was wounded or killed in action or as a result of enemy action.  A wound is defined as an injury to any part of the body from an outside force, element, or agent sustained in action in the face of the armed enemy or as a result of a hostile act of such enemy.  In order to support awarding a member the Purple Heart, it is necessary to establish the wound for which the award is being made required treatment by medical personnel and the medical treatment for the wound or injury received in action must have been made a matter of official record.

   b.  The VSM is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  A bronze service star will be awarded for wear on the VSM for participation in each credited campaign.

	c.  Appendix B contains a list of Vietnam Conflict campaigns.  During the applicant's service in Vietnam, participation credit was awarded for the Tet Counteroffensive 1969 (23 February - 8 June 1969).

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  It shows the 3rd Battalion, 60th Infantry, was cited for award of the –

* RVN Gallantry Cross with Palm Unit Citation for the period January 1969 to June 1969 in Department of the Army General Orders (DAGO) Number 59, 1969
* RVN Civil Actions Honor Medal First Class Unit Citation for the period 
19 December 1966 to 28 June 1969 in DAGO Number 59, 1969

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show all of his authorized awards.

2.  The evidence of record (i.e., a casualty message, the applicant's DA Form 20, and The Adjutant General's Office, Casualty Division's Vietnam casualty roster) shows the applicant was WIA on 20 May 1969.  However, there is no evidence of record that orders announced the award of the PH.  Therefore, it would be appropriate at this time to correct the applicant's records to show the award.

3.  The evidence of record shows:

   a.  GOs awarded the applicant the AM and the AGCM (1st Award);

   b.  the applicant qualified for award of the VSM and he participated in one campaign during his service in Vietnam.  Thus, he is authorized one bronze service star for wear on his already-awarded VSM;

	c.  GOs awarded the applicant's unit the –

* RVN Gallantry Cross with Palm Unit Citation
* RVN Civil Actions Honor Medal First Class Unit Citation

   d.  SOs awarded the applicant the –

* CIB
* Expert Marksmanship Qualification Badge with (M-16) Rifle Bar
* Sharpshooter Marksmanship Qualification Badge with (M-14) Rifle, (M1-6) Automatic Rifle, and (M-60) Machinegun Bars

4.  Therefore, it would be appropriate to correct the applicant's DD Form 214 to show his awards and decorations, as recommended below.

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.  awarding him the Purple Heart for wounds received in action in the Republic of Vietnam on 20 May 1969 (Standard Name Line:  SGT  Company A, 3rd Battalion, 60th Infantry, 9th Infantry Division, U.S. Army Pacific - Hawaii);

   b.  deleting the "Vietnam Service Medal" from his DD Form 214; and
   
	c.  adding to his DD Form 214 the –

* Purple Heart
* Air Medal
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with 1 Bronze Service Star
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with (M-16) Rifle Bar
* Sharpshooter Marksmanship Qualification Badge with (M-14) Rifle, 
(M-16) Automatic Rifle, and (M-60) Machinegun Bars




      _______ _   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)                                         AR20140006924



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ABCMR Record of Proceedings (cont)                                         AR20140006924



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