IN THE CASE OF:  	  

		BOARD DATE:  26 May 2015	  

		DOCKET NUMBER:  AR20140017740 


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:

* the Purple Heart was never listed on his DD Form 214
* this did not become an issue until he tried to file a claim for injuries from his service in Vietnam
* he is experiencing symptoms of post-traumatic stress disorder

3.  The applicant provides 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 14 April 1967 for 3 years.  He arrived in Vietnam on 10 October 1968.  He served as a heavy vehicle driver assigned to the following units in Vietnam:

* 172nd Transportation Company from 10 October 1968 to 4 February 1969
* 566th Transportation Company from 5 February 1969 to 9 October 1969

3.  He participated in four campaigns during his assignment in Vietnam.

4.  There are no orders for the Purple Heart in the available records.  However, his records contain a Western Union telegram, dated 6 August 1969, which states he was slightly wounded in action in Vietnam on 5 August 1969 by flying glass while serving as the operator of a military vehicle on a military mission when the vehicle was struck by small arms fire from a hostile force.  He received scratches to his face.

5.  On 13 April 1970, he was honorably released from active duty in the rank of specialist five after completing 3 years of creditable active service with no lost time.  His DD Form 214 shows he was awarded or authorized the:

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

6.  The Vietnam casualty roster also shows he was wounded in action on 5 August 1969.

7.  There is no evidence the applicant received the first award of 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.  Item 38 (Record of Assignments) of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his service.

8.  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.

9.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the Vietnam Service Medal for each credited campaign.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  

	a.  The 172nd Transportation Company was awarded the Meritorious Unit Commendation (MUC) for actions during the period 10 October 1968 to 18 August 1969 by Department of the Army General Orders (DAGO) Number 39, dated 1979.

	b.  The 566th Transportation Company was awarded the MUC for actions during the period 1 April to 30 September 1969 by DAGO Number 39, dated 1970.

11.  DAGO Number 8, dated 1974, awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

 1.  The Western Union telegram and entry on the Vietnam casualty roster showing the applicant was wounded in action on 5 August 1969 in Vietnam are accepted as sufficient evidence on which to base adding award of the Purple Heart to his DD Form 214.

2.  He was released from active duty in the rank of specialist five with 3 years of creditable active service with no lost time.  It appears he met the eligibility criteria for the first award of the AGCM for the period 14 April 1967 through 13 April 1970 based on completion of 3 years of qualifying service.  Therefore, he should be awarded the AGCM (1st Award) and his DD Form 214 should be corrected to show this award.

3.  He participated in four campaigns during his assignment in Vietnam which authorizes him award of the Vietnam Service Medal with four bronze service stars.  Therefore, his DD Form 214 should be corrected to show these bronze service stars.

4.  His units in Vietnam (172nd Transportation Company and 566th Transportation Company) were each awarded the MUC during his periods of assignment in Vietnam.  Therefore, his DD Form 24 should be corrected to show these unit awards.

5.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam.  The applicant served in Vietnam during a qualifying period; therefore, his DD Form 24 should be corrected to 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 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 14 April 1967 through 13 April 1970 and

	b.  adding award of the Purple Heart, AGCM (1st Award), MUC (2nd Award), Republic of Vietnam Gallantry Cross with Palm Unit Citation, and four bronze service stars with his already-awarded Vietnam Service Medal to his DD Form 214.



      _______ _   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)                                         AR20140017740



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ABCMR Record of Proceedings (cont)                                         AR20140017740



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