IN THE CASE OF:	  

		BOARD DATE:	  9 June 2015

		DOCKET NUMBER:  AR20140016349 


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 record by awarding him the Purple Heart and adding it to his DD Form 214 (Report of Transfer or Discharge). 

2.  The applicant states he was wounded on 5 January 1968 when his unit was ambushed in the A Shau Valley during the Tet Offensive. 

3.  The applicant provides his personal narrative, page 4 of his DA Form 20 (Enlisted Qualification Record), and 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 enlisted in the Regular Army on 22 May 1967.  He completed training as an infantryman and was ordered to Vietnam. 
3.  His DA Form 20 shows: 

   a.  in item 31 (Foreign Service) – Vietnam 4 November 1968 through 15 May 1968;
   
   b.  in item 33 (Appointments and Reductions) – to sergeant (E-5) on 16 December 1968;
   
   c.  in item 38 (Record of Assignments) – C Company, 2nd  Battalion, 1st Infantry, 196th Light Infantry Brigade from 8 November 1967 through 15 May 1968 – conduct and efficiency ratings exclusively “excellent” throughout his active duty service;
   
   d.  in item 40 (Wounds) – “Frag wd buttocks” on 6 January 1968; and 

   e.  in item 41 (Awards and Decorations) – 
   
* National Defense Service Medal
* Combat Infantryman Badge
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960) 
* Expert Marksmanship Qualification Badge with Rifle (M-16) Bar 
* Sharpshooter Marksmanship Qualification Badge with Machinegun and Rifle (M-14) Bars
* Marksman Marksmanship  Qualification Badge with Rifle (M-16) Bar

4.  The applicant returned to the United States, and served as a drill instructor for the remainder of his enlistment.

5.  On 21 May 1970, the applicant was honorably released from active.  His 
DD Form 214 lists his awards as the – 

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

6.  The applicant’s name is not listed on the Vietnam Casualty Roster.

7.  A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam-era between 1965 and 1973 maintained by the Awards and Decorations Branch of the U.S. Army Human Resources Command, failed to reveal any award orders pertaining to the applicant.

8.  Pertinent regulations governing award of the Purple Heart include: 

   a.  Army Regulation 600-8-22 (Military Awards) states 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, and.;
   
   b.  Army Regulation 600-200, chapter 9 of the version in effect at the time, stated a brief description of wounds or injuries (including injury from gas) requiring medical treatment received through hostile or enemy action, including those requiring hospitalization would be entered in item 40 of the DA Form 20.  This regulation further stated that the date the wound or injury occurred would also be placed in item 40.

9.  The applicant appears to be eligible for other awards that are not listed on his DD Form 214.  The following are pertinent:

	a.    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.  

b.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for 
each credited campaign.  Qualifying campaign periods for service stars include – 

* Vietnam Counteroffensive Phase III        1 June 1967 - 29 January 1968
* Tet Counteroffensive                                30 January - 1 April 1968
* Vietnam Counteroffensive Phase IV         2 April - 30 June 1968

   c.  Department of The Army General Order Number 8 of 1974 awarded the Republic of Vietnam Gallantry Cross with Palm to Headquarters, U.S. Army Vietnam and all subordinate units for the period 20 July 1965 through 28 March 1973. 

DISCUSSION AND CONCLUSIONS:

1.  The regulations then in effect required that a wound warranting award of the Purple Heart would be noted in item 40 of the DA Form 20.  This item on the applicant’s DA Form 20 shows he sustained a qualifying fragment wound on 5 January 1968.  He should be awarded the Purple Heart.

2.  The applicant distinguished himself by his exclusively “excellent” conduct and efficiency rating and his progress to the rank of sergeant.  Notwithstanding the absence of a recommendation, he should be awarded the first award of the Army Good Conduct Medal as a matter of equity. 

3.  The applicant served in Vietnam during three designated campaign periods and is authorized to wear three bronze service stars on the Vietnam Service Medal.

4.    His Vietnam unit was authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.

5.  The above awards should be added to his DD Form 214.

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 sustained on 5 January 1968;
   b.  awarding him the Army Good Conduct Medal (1st Award) for the period 22 May 1967 through 21 May 1970;
   
	c.  deleting the Vietnam Service Medal from his DD Form 214 and adding to the awards shown on his DD Form 214 the – 

* Purple Heart
* Army Good Conduct Medal (1st Award) 
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross 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)                                         AR20140016349





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ABCMR Record of Proceedings (cont)                                         AR20140016349



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