IN THE CASE OF:    

		BOARD DATE:  3 February 2015	  

		DOCKET NUMBER:  AR20140009782 


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, the wife of a deceased former service member (FSM), requests correction of the late FSM's record to show award of the Purple Heart.

2.  She states:

	a.  The FSM was injured in hostile action in Vietnam but never received a Purple Heart for the injuries he sustained.  

	b.  She feels that it is unjust because the FSM's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) states that the FSM was wounded in hostile action in Vietnam on 20 November 1967.

	c.  As a result of bomb fragments, the FSM sustained a wound to his left occiput (back portion of head or skull) with penetration of his dura (membrane that surrounds the brain), a fracture of his left humeral neck with resultant radical nerve palsy and a fragment wound of the left buttock with a fracture of the ischium (hip bone).

	d.  The FSM also received head injuries.
   
3.  She provides the FSM's:

* DD Form 214 
* DA Form 20 (Enlisted Qualification Record)
* Standard Form (SF) 502 (Narrative Summary)
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 FSM's records show he enlisted in the Regular Army on 20 September 1966.  He was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  His DA Form 20 shows in:

	a.  item 31 (Foreign Service) he arrived in Vietnam on 11 April 1967;

	b.  item 38 (Record of Assignments) he:

		(1)  served in Vietnam with Headquarters and Headquarters Company,		 2d Battalion, 503d Infantry Regiment, 173d Airborne Brigade (Separate) from 	   16 April 1967 to 15 December 1967, in duty MOS 11B with duties as a rifleman;

		(2)  was a patient at the:

* Medical Holding Detachment, 249th General Hospital on 16 December 1967 (actually 19 November 1967)
* Walter Reed General Hospital from 14 December 1967 to 28 May 1968; and 

		(3)  received all "excellent" conduct and efficiency ratings throughout his service with no record of disqualification;

	c.  item 40 (Wounds), he was wounded on 19 November 1967; and 

	d.  item 41 (Awards and Decorations) shows award of the:

* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Machinegun Bar (M-60)
* Parachutist Badge 
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with "1960" Device

4.  The applicant submitted and the FSM’s record contains an SF 502, dated     14 December 1967, which shows the FSM sustained a wound of his left occiput with penetration of his dura, a fracture of his left neck with resultant radical nerve palsy, a fragment wound of the left buttock and a fracture of the ischium, during hostile action in Vietnam on 20 November 1967 as a result of bomb fragments.
   
5.  On 29 May 1968, the FSM was permanently retired by reason of physical disability.  He had completed 1 year, 8 months, and 10 days of total active service.  His DD Form 214 shows award of the:

* Republic of Vietnam Campaign Medal with "1960" Device
* Vietnam Service Medal
* National Defense Service Medal
* Parachutist Badge 
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

6.  The FSM's name is listed on the Vietnam casualty roster as being wounded in action on 19 November 1967.

7.  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.

8.  Army Regulation 600-8-22 (Military Awards) provides the Army's awards policy.  It states the Purple Heart is awarded to members wounded in action and states that in order to award the Purple Heart, there must be evidence the wound for which the award is being made was received as a result of enemy action, the wound required treatment by military medical personnel, and a record of the medical treatment was made a matter of official record.

9.  Appendix B of Army Regulation 600-8-22 lists the campaigns for the Vietnam Conflict.  Based on the FSM's period of service in the Republic of Vietnam he participated in the Counteroffensive, Phase II (1 July 1966 - 31 May 1967) and Counteroffensive, Phase III (1 June 1967 to 29 January 1968) campaigns.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

10.  Army Regulation 600-8-22 states that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  

11.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualifying period of active duty enlisted service.  This period was 3 years except in those cases when the first award ended with the termination of a period of Federal military service of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

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 the unit to which the FSM was assigned was cited for award of the following for actions during the periods shown:

   a.  6 to 23 November 1967, Presidential Unit Citation by DA General Orders (DAGO) Number 5, dated 1979;
   
   b.  5 May 1965 to 4 May 1967, Meritorious Unit Commendation by DAGO Number 48, dated 1968; and

   c.  5 May 1965 to 26 September 1970, Republic of Vietnam Gallantry Cross with Palm Unit Citation by DAGO Number 51, dated 1971. 

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows the FSM was wounded in hostile action in Vietnam on 19 November 1967.  Although there are no available orders showing award of the Purple Heart, the FSM's name is listed on the Vietnam casualty listing that confirms he was wounded on 19 November 1967.  Therefore, it would be appropriate at this time to correct his DD Form 214 to show this award.

2.  The FSM's records show he served in an infantry MOS and he was assigned to the 503d Infantry Regiment.  Evidence of record awarding him the Purple Heart confirms he was wounded on 19 November 1967 in connection with military operations against a hostile force while assigned to the 503d Infantry Regiment.  Therefore, it would be appropriate at this time to award him the Combat Infantryman Badge and to correct his DD Form 214 to show this award.

3.  The available evidence shows the FSM served honorably from 20 September 1966 to 29 May 1968 and he received all "excellent" conduct and efficiency ratings.  There is no evidence of any derogatory information in his record that would have disqualified him for award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award the FSM the Army Good Conduct Medal (1st Award) and correct his DD Form 214 to show this award.

4.  The FSM participated in two campaigns during his service in Vietnam that entitles him to two bronze service stars for wear on his already-awarded Vietnam Service Medal.  Therefore, his DD Form 214 should be corrected to show these bronze service stars.

5.  The FSM's unit was cited for award of the Presidential Unit Citation, Meritorious Unit Commendation, 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 these unit awards.

6.  Evidence of record shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) and Expert Marksmanship Qualification Badge with Machinegun Bar (M-60).  Therefore, his DD Form 214 should be corrected to show these badges.

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 the FSM's DD Form 214 the Vietnam Service Medal; 


	b.  awarding him the:

* Purple Heart for wounds received in action on 19 November 1967
* Combat Infantryman Badge for exemplary conduct in action against the enemy while serving in Vietnam on 19 November 1967
* Good Conduct Medal (1st Award) for the period of service from 20 September 1966 through 29 May 1968; and

	c.  adding to his DD Form 214 the:

* Purple Heart
* Combat Infantryman Badge
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with two bronze service stars
* Presidential Unit Citation
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Machinegun Bar (M-60)




      _______ _   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)                                         AR20140009782



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140009782



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1