IN THE CASE OF:	   

		BOARD DATE:	  31 March 2015

		DOCKET NUMBER:  AR20140014524 


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, award of the Purple Heart and its addition to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  

2.  The applicant states he was wounded in South Vietnam as shown on the attached Standard Form (SF) 88 (Report of Medical Examination) dated 15 October 1968.  The Purple Heart is not listed on his DD Form 214.  In effect, he believes the record to be in error or unjust due to a clerical mistake.  He did not pursue until now.

3.  The applicant provides a copy of his SF 88.

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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations.
2.  The applicant's complete military records are not available to the Board for review.  A fire destroyed approximately 16 million service members’ records at the National Personnel Records Center in 1973.  It is believed his records were destroyed in that fire.  However, these sufficient documentation contained in a reconstructed record and that submitted by the applicant for the Board to conduct a fair and impartial review of this case.

3.  His available military records show he was inducted into the Army of the United States (AUS) on 25 October 1966.  He was awarded military occupational specialty 11B (light weapons infantryman).  He served in:

* Hawaii from 24 April through 5 December 1967
* Vietnam from 6 December 1967 through on or about 16 October 1968, during four campaigns and he was assigned to Company A, 3rd Battalion, 1st Infantry, 11th Infantry Brigade

4.  General Orders (GO) Number 7845, issued by Headquarters, Americal Division on 9 October 1968, awarded him the Army Commendation Medal for meritorious service in connection with military operations against a hostile force in Vietnam from April 1967 through October 1968.

5.  He provided a copy of an SF 88 which shows he underwent a medical examination on 15 October 1968 for the purpose of his expiration of term of service separation.  Page 2 of the form indicates he was wounded by shrapnel to the right thigh in Vietnam in February 1968.

6.  He was honorably released from active duty on 16 October 1968 and was transferred to the U.S. Army Reserve Control Group (Annual Training).  He was credited with completing 1 year, 11 months, and 21 days of active service.  His DD Form 214 lists the:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Combat Infantryman Badge
* Army Commendation Medal "S" Pending
* Sharpshooter Marksmanship Qualification Badge with Rifle Bars M-14 and M-16
* one overseas service bar

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

* Item 38 (Record of Assignments) - he received "excellent" conduct and efficiency ratings throughout his period of service; there is also no evidence that his commander disqualified him for award of the Army Good Conduct Medal (1st Award)
* Item 40 (Wounds) no entry to show he wounded in action while serving in Vietnam  
* Item 41 (Awards and Decorations) all the awards listed on his DD Form 214

8.  His complete medical records for his period of active duty are not available for review with this case.

9.  The Vietnam casualty roster shows he was wounded on 17 February 1968.  
This roster shows his casualty status code for both injuries as "23" which indicates the status was "hostile wounded in action, not serious, hospitalized."  

10.  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 Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for award of the Purple Heart pertaining to the applicant.

11.  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 that 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 is authorized to be worn with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in.   

12.  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 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.  

13.  Department of the Army General Order Number 8, dated in 1974, authorized the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, to all personnel assigned to the United States Army Vietnam.

DISCUSSION AND CONCLUSIONS:

1.  There are no general orders that show the applicant was awarded the Purple Heart.  However, the available evidence shows he was wounded on 17 February 1968 in Vietnam as a result of hostile action.  He was treated and the treatment was made a matter of official record.  Therefore, he is entitled to award of the Purple Heart (1st Award) and its addition to his DD Form 214.

2.  The evidence of record appears to show he met the criteria for award of the Army Good Conduct Medal (1st Award) for the period 25 October 1966 through 15 October 1968.  There is no derogatory information or evidence of record which shows he was disqualified by his commander for this award.  Therefore, his DD Form 214 should be corrected to show this award.

3.  GO awarded him the Army Commendation Medal for meritorious service in Vietnam between April 1967 and October 1968.  Therefore, his DD Form 214 should be corrected to show this award was not pending as currently listed on this form.  

4.  The evidence of record also shows he participated in 4 campaigns during his service in Vietnam; therefore, he is eligible for award of 4 bronze service stars to be affixed to his already-awarded Vietnam Service Medal.  These bronze service stars should be added to his DD Form 214.

5.  General orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, it would also be appropriate to correct his 
DD Form 214 to show this unit award.

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:

* awarding him the Purple Heart for wounds received in action on 17 February 1968 in Vietnam
* awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 25 October 1966 through 15 October 1968
* deleting from his DD Form 214 the:

* Army Commendation Medal "S" Pending
* Vietnam Service Medal

* adding to thishis form DD Form 214 the:

* Purple Heart
* Army Good Conduct Medal (1st Award)
* Army Commendation Medal
* Vietnam Service Medal with 4 bronze service stars
* Republic of Vietnam with Palm 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)                                         AR20140014524





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ABCMR Record of Proceedings (cont)                                         AR20140014524



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