BOARD DATE:	  18 June 2015

		DOCKET NUMBER:  AR20140017579 


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 wounded in military service and he did receive the Purple Heart medal.

3.  The applicant provides:

* letter of commendation, dated 4 February 1969
* photograph of a Purple Heart medal
* 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 was inducted into the Army of the United States on 6 December 1967.  He completed his training and was awarded military occupational specialty (MOS) 11B (light weapons infantryman).  He arrived in Vietnam on 27 October 1968.  He served in MOS 11B while assigned to Company D, 2d Battalion, 3d Infantry Regiment, 199th Infantry Brigade, in Vietnam from 11 November 1968 until he was wounded on 2 February 1969.  He was transferred to the United States on 13 March 1969 for further medical treatment.

3.  Records show he participated in three campaigns during his assignment in Vietnam.

4.  On 6 September 1969, he was honorably released from active duty in the temporary rank of sergeant after completing 1 year, 9 months, and 1 day of creditable active service with no time lost.

5.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal (VSM)

6.  Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) shows he was wounded in action on 2 February 1969 (gunshot wound to right side of pelvis).

7.  There are no orders for the Purple Heart in the available records.  However, the Vietnam casualty roster shows he was wounded in action on 2 February 1969.

8.  He provided a letter of commendation from his commanding officer, dated 4 February 1969, which states, "The wounds you received in the service of your country can be borne with pride as a badge of courage and mark of a man who has faced an armed enemy in mortal combat….best wishes for a speedy recovery."

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

10.  Item 38 (Record of Assignments) of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his service.

11.  There is no evidence indicating he was awarded the Army Good Conduct Medal (AGCM).  There is no evidence of any disciplinary action or a commander's disqualification that would have precluded him from being awarded the AGCM.

12.  Army Regulation 600-200 (Enlisted Personnel Management System), 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.

13.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM 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.

14.  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.

	b.  A bronze service star is worn on the VSM for each credited campaign.  A silver service star is authorized in lieu of five bronze service stars.

	c.  The Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Also eligible for this award are individuals who qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and served for less than 6 months of service but:

* were wounded as a result of hostile action 
* were captured by hostile forces but later escaped or were rescued or released
* were killed in action or otherwise in the line of duty

	d.  There are basically three requirements for award of the Combat Infantryman Badge (CIB).  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.

15.  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, 3rd Infantry Regiment, was awarded the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for actions during the period 19 June 1968 to 31 July 1970 by Department of the Army General Orders (DAGO) Number 51, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for actions during the period 12 December 1966 to 31 August 1970 by DAGO Number 31, dated 1971

DISCUSSION AND CONCLUSIONS:

1.  Although there are no orders for award of the Purple Heart in his available records, the entries in the Vietnam casualty roster and item 40 of his DA Form 20 verifying he was wounded in action on 2 February 1969 are accepted as sufficient evidence to base adding award of the Purple Heart to his DD Form 214.

2.  The evidence shows he was evacuated from Vietnam prior to completing 6 months of service due to wounds resulting from hostile action.  Therefore, he is authorized award of the Republic of Vietnam Campaign Medal with Device (1960) and his DD Form 214 should be corrected to show this medal.

3.  The evidence of record shows he held and served in an infantry MOS and he was assigned to an infantry company in Vietnam.  In addition, he was wounded in action.  Therefore, there is sufficient evidence on which to base awarding him the CIB and adding the CIB to his DD Form 214.

4.  Based on his service in Vietnam and participation in three campaigns, he is authorized award of the VSM with three bronze service stars.  Therefore, his DD Form 214 should be corrected to show these bronze service stars.

5.  He was released from active duty in the temporary rank of sergeant with 21 months of creditable active service with no lost time.  It appears he met the eligibility criteria for the AGCM (1st Award) for the period 6 December 1967 through 6 September 1969 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he should be awarded the AGCM (1st Award) and his DD Form 214 should be corrected to show this award.

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 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 AGCM (1st Award) for the period 6 December 1967 through 6 September 1969,

	b.  awarding him the CIB for action in ground combat against a hostile force in the Republic of Vietnam on 2 February 1969,

	c.  deleting award of the VSM from his DD Form 214, and

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

* Purple Heart
* AGCM (1st Award)
* VSM with three bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation 
* CIB



      ___________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)                                         AR20140017579



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ABCMR Record of Proceedings (cont)                                         AR20140017579



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