IN THE CASE OF:	  

		BOARD DATE:	  15 September 2015

		DOCKET NUMBER:  AR20140017518 


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 was awarded the Purple Heart for injuries he suffered in Vietnam; however, award of the Purple Heart was omitted from his DD Form 214.

3.  The applicant provides:

* DD Form 214
* National Personnel Records Center correspondence, dated 24 September 2014
* Congressional correspondence, dated 20 January 2015

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 3 May 1967. 
He completed training and he was awarded military occupational specialty (MOS) 11C (Infantry Indirect Fire Crewmember).

3.  Headquarters, U.S. Army Training Center Infantry, Fort Lewis, WA, Special Orders Number 165, dated 21 June 1967, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  Headquarters, Fort Polk, LA, Special Orders Number 200, dated 9 August 1967, awarded him the Expert Marksmanship Qualification Badge with Mortar Bar.

5.  Headquarters, Fort Polk, LA, Special Orders Number 205, dated 4 August 1967, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

6.  He served in Vietnam from 8 October 1967 to on or about 3 December 1967 while assigned to Company D, 3d Battalion, 12th Infantry Regiment, 4th Infantry Division.  He participated in the Vietnam Counteroffensive Phase III Campaign during his service in Vietnam.

7.  On 10 November 1967, he was wounded as a result of hostile action in Vietnam.  He sustained an injury while performing perimeter defense when the unit engaged hostile forces in a firefight.  His injury led to the amputation of his left leg above the knee.  His records contain the casualty report, Standard Form 502 (Clinical Record – Narrative Summary) describing his injury and treatment, and a Western Union telefax notifying his mother of his condition.

8.  On 3 December 1967, he was medically evacuated to the Medical Holding Detachment, 106th General Hospital, Yokohama, Japan, for further treatment.

9.  On 16 December 1967, he was medically evacuated to the Medical Holding Company, Letterman General Hospital, San Francisco, CA, for further treatment.

10.  On 14 March 1968, he underwent a medical evaluation board that referred him to a physical evaluation board (PEB).  The PEB recommended his permanent retirement by reason of physical disability on 25 March 1968.

11.  On 8 May 1968, he was honorably retired in the rank/grade of private first class (PFC)/E-3.  His DD Form 214 shows he completed 1 year and 6 days of active service with no lost time.  His DD Form 214 also shows he was awarded or authorized the:

* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* National Defense Service Medal

12.  His records do not contain orders awarding him the Purple Heart.

13.  A review of his service records shows no derogatory information that would disqualify him for the first award of the Army Good Conduct Medal.  Furthermore, item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his military service, except for "unknown" ratings while in a patient status at the military hospital following his combat injury.

14.  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.  Ratings of "unknown" for portions of the period under consideration were not disqualifying.  Service school efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 were not disqualifying.  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.

15.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  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.

	c.  The Vietnam Service Medal is awarded for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  A bronze service star is awarded for wear on the Vietnam Service Medal for participation in each campaign.

	b.  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.  Additionally, appendix V of U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provided that during the Vietnam era, the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.

16.  Department of the Army Pamphlet 672-3 (Unit Citations and Campaign Participation Credit) shows that during his assignment with 3d Battalion, 12th Infantry Regiment, in Vietnam from 8 October to 3 December 1967, this unit was awarded the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from October 1966 to 28 July 1969 by Department of the Army General Orders Number 3, dated 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 1 October 1966 to 31 October 1969 by Department of the Army General Orders Number 53, dated 1970

DISCUSSION AND CONCLUSIONS:

1.  The applicant was wounded as a result of hostile action in Vietnam on 10 November 1967 as evidenced by multiple documents in his service records.  He was then retired by reason of physical disability.  He is entitled to award of the Purple Heart and it is reasonable to presume he was, in fact, awarded this decoration as he contends.  His DD Form 214 should be corrected to show award of the Purple Heart.

2.  He served honorably from 3 May 1967 to 8 May 1968.  He served in combat in Vietnam, he was wounded in action, he attained the rank/grade of PFC/E-3, and he received "excellent" efficiency and conduct ratings throughout his military service except when he received "unknown" ratings while was in a patient status.  His records contain no derogatory information that would have disqualified him from receiving the first award of the Army Good Conduct Medal.  It would be appropriate to award him the Army Good Conduct Medal (1st Award) and correct his DD Form 214 to show this medal.

3.  He was awarded the Vietnam Service Medal.  He also participated in one campaign during his service in Vietnam.  His DD Form 214 should be corrected to show award of the Vietnam Service Medal with one bronze service star.

4.  He held an infantry MOS and he was assigned to an infantry unit.  He was wounded in action in Vietnam on 10 November 1967 while performing perimeter defense when the unit engaged hostile forces in a firefight.  He sustained an injury that led to the amputation of his left leg above the knee.  The evidence clearly shows he was personally present and engaging the enemy with his infantry unit and he met the eligibility criteria for award of the Combat Infantryman Badge.  He should be awarded the Combat Infantryman Badge and his DD Form 214 should be corrected to show this badge.

5.  Special orders awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), Expert Marksmanship Qualification Badge with Rifle Bar (M-16), and Expert Marksmanship Qualification Badge with Mortar Bar.  His DD Form 214 should be corrected to show these badges.

6.  His unit in Vietnam was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  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:

* awarding him the Purple Heart for wounds received in action in Vietnam on 10 November 1967
* awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 3 May 1967 through 8 May 1968
* awarding him the Combat Infantryman Badge effective 10 November 1967
* deleting award of the Vietnam Service Medal from his DD Form 214
* adding the following awards to his DD Form 214:

* Purple Heart
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with one 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 Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Mortar Bar



      _______ _   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)                                         AR20140017518



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ABCMR Record of Proceedings (cont)                                         AR20140017518



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