IN THE CASE OF:	   

		BOARD DATE:	      9 April 2015

		DOCKET NUMBER:  AR20140007989 


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.

2.  The applicant states he believes the omission of his award of the Purple Heart is an error.

3.  The applicant provides his DD Form 214 and Purple Heart Certificate.

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 Army of the United States on 16 November 1965.  His DD Form 47 (Record of Induction) shows he was assigned service number US XX XX4 126.  He completed training and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  His DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 20 April 1966 through 21 April 1967 while assigned to Company C, 2d Battalion, 27th Infantry Regiment.  He was temporarily reassigned to Camp Zama, Japan, from 13 June 1966 through on or about 20 August 1966.  His service number on this document is shown as US XX XX4 126.

4.  He participated in two campaigns during his service in Vietnam.

5.  He provided a copy of his Purple Heart Certificate signed by a Medical Corps lieutenant colonel, dated 26 May 1966, announcing award of the Purple Heart for wounds received in action in the Republic of Vietnam on 23 May 1966.  His rank is shown as private first class and his service number on this document is shown as US XX XX2 126 (the fifth digit is different from his record of induction).

6.  His records contain a Standard Form 513 (Clinical Record – Consultation Sheet), dated 25 October 1967, showing the applicant was referred for evaluation and recommendation for separation due to the gunshot wound in his chest with residual pain incurred in the Republic of Vietnam.  The examining physician noted the evaluation disclosed no medical disease.  The applicant's complaints mainly centered on residual pain in the site of his thoracotomy scar.  His service number on this document is shown as US XX XX4 126.

7.  His records contain a Standard Form 88 (Report of Medical Examination), dated 25 October 1967, showing the examining physician noted the applicant had a scar over his right thorax from an operation for a wound in June 1966.  The summary of defects and diagnoses notes a gunshot wound to his chest with residual pain.  His service number on this document is shown as US XX XX4 126.

8.  His records contain a Standard Form 89 (Report of Medical History), dated 25 October 1967, showing the examining physician noted the applicant experienced occasional dizziness upon exertion since the injury to his right chest.  He had shortness of breath, chest pain, and a cough related to a chest wound incurred in the Republic of Vietnam.  His service number on this document is shown as US XX XX4 126.

9.  His records contain a Standard Form 513, dated 2 November 1967, showing the applicant was referred for evaluation and recommendation for separation due to the gunshot wound in his right chest with residual pain incurred in the Republic of Vietnam.  The examining physician noted the applicant's x-ray showed old changes.  He determined the applicant was eligible for separation.

10.  His records contain a Veterans Administration Form 21-526e (Veterans Application for Compensation or Pension at Separation from Service), dated 15 November 1967, showing he was hospitalized at the U.S. Army Hospital, Camp Zama, Japan, on 23 May 1966 for an injury.  His service number on this document is shown as US XX XX4 126.

11.  He was honorably released from active duty in the temporary rank/pay grade of specialist four/E-4 on 15 November 1967.  His DD Form 214 shows his service number as US XX XX4 126.  His DD Form 214 further shows:

* his permanent rank/pay grade as private first class/E-3 effective 11 May 1966
* his MOS as 11B
* he completed 2 years of active service during this period
* he completed 1 year and 2 months of foreign service in Vietnam during this period
* he was awarded or authorized the –

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

12.  His DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his service.

13.  The Vietnam casualty roster shows an individual bearing the same name, rank, and MOS was wounded as a result of hostile action in the Republic of Vietnam on 23 May 1966.  The individual's service number is shown as US XX XX2 156 (the fifth digit matches the Purple Heart Certificate, but the seventh digit is now different).

14.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained 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.

15.  Army Regulation 600-8-22 states a bronze service star is authorized with the Vietnam Service Medal for each campaign a member is credited with participating in.

16.  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.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

17.  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 the 2d Battalion, 27th Infantry Regiment, was awarded the:

* Valorous Unit Award for the period January-April 1966 by Department of the Army General Orders 20, dated 1967
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period January 1966-August 1968 by Department of the Army General Orders 48, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1966-21 January 1970 by Department of the Army General Orders 51, dated 1971

DISCUSSION AND CONCLUSIONS:

1.  The applicant's records show he served in Vietnam where he sustained a gunshot wound to his chest on 23 May 1966 and he was hospitalized at the U.S. Army Hospital, Camp Zama, Japan.  His records also show he was awarded the Combat Infantryman Badge.

2.  He provided a Purple Heart Certificate signed by a Medical Corps lieutenant colonel showing he was awarded the Purple Heart for wounds received in action in the Republic of Vietnam on 23 May 1966.  The fifth digit of the service number shown on this document is different from the service number shown on his record of induction.

3.  The Vietnam casualty roster shows an individual bearing the same name, rank, and MOS was wounded as a result of hostile action in the Republic of Vietnam on 23 May 1966.  The fifth digit of that individual's service number matches the service number shown on the Purple Heart Certificate, but the seventh digit is now different.

4.  The probability of another Soldier having the same name, rank, MOS, and combat injury on the same date with a service number varying by only one digit from document to document is highly unlikely.  Therefore, it is reasonable to conclude the applicant was, in fact, awarded the Purple Heart for wounds received in action in the Republic of Vietnam on 23 May 1966 and it would be appropriate to correct his DD Form 214 to show award of the Purple Heart at this time.

5.  He was honorably released from active duty in the temporary rank/pay grade of specialist four/E-4 on 15 November 1967 after completing 2 years of active service.  He received all "excellent" conduct and efficiency ratings throughout his service.  His records contain no evidence of a commander's disqualification for award of the Army Good Conduct Medal.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) for the period 16 November 1965 through 15 November 1967 and his DD Form 214 should be corrected to show this award.

6.  Based on his service in Vietnam during the period 20 April 1966 through 21 April 1967 and participation in two campaigns, he is authorized two bronze service stars with his already-awarded Vietnam Service Medal.  Therefore, his DD Form 214 should be corrected to show these service stars.

7.  His unit in Vietnam was awarded the Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show these unit 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.  awarding him the Army Good Conduct Medal (1st Award) for the period 16 November 1965 through 15 November 1967,

	b.  deleting award of the Vietnam Service Medal from his DD Form 214, and

	c.  adding the following awards to his DD Form 214:

* Purple Heart
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with two bronze service stars
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class 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)                                         AR20140007989



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ABCMR Record of Proceedings (cont)                                         AR20140007989



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