IN THE CASE OF:	  

		BOARD DATE:	  26 March 2015

		DOCKET NUMBER:  AR20140018143


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 award of the Purple Heart.

2.  The applicant states his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not reflect his entitlement to the Purple Heart.  He sustained injuries from a rocket propelled grenade on 3 January 1970, during his period of service in the Republic of Vietnam.

3.  The applicant provides copies of his DD Form 214; an unclassified casualty message, dated 5 January 1970; and his DA Form 20 (Enlisted Qualification Record).

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 10 April 1969.  After completing his initial entry training, he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  His DA Form 20 shows he served in the Republic of Vietnam from on or about 27 September 1969 through on or about 26 September 1970.  During his period of service in the Republic of Vietnam, he was assigned to the 1st Battalion (Airmobile), 327th Infantry Regiment.

4.  On 9 April 1971, he was honorably released from active duty at the expiration of his term of service and transferred to the U.S. Army Reserve.  His DD Form 214 shows he completed 2 years of net active service during this period.  His DD Form 214 further shows he was awarded or authorized the following awards:

* Bronze Star Medal
* Air Medal
* Army Commendation Medal
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Machinegun Bar (M-60)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14 and M-16)

5.  His Military Personnel Records Jacket (MPRJ) contains a Western Union telegram, dated 6 January 1970, which notified the applicant's parents that he had been wounded in action on 3 January 1970, in which he received fragmentary wounds to his face while on a combat operation when the area came under grenade attack by an enemy force.

6.  The Vietnam casualty roster indicates the applicant sustained wounds resulting from hostile fire on 3 January 1970.  His casualty status code was "23," which refers to "hostile wounded in action, not serious, hospitalized."

7.  He provides an unclassified casualty message, dated 5 January 1970, which documents the wounds he received on 3 January 1970.

8.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded to a member of the Armed Forces of the United States who, while serving in any capacity with one of the U.S. Armed Services after 5 April 1917, has been wounded or killed or who has died or may die after being wounded in any action against an enemy of the United States.  Substantiating evidence must be provided to verify the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

9.  A review of the applicant's records indicates he is entitled to additional awards which are not shown on his DD Form 214.

10.  There is no indication in his available record that shows he was awarded the Army Good Conduct Medal.  Item 38 of his DA Form 20 shows he received 
"excellent" conduct and efficiency ratings throughout his service.  There is no evidence of a commander's disqualification for the award.  Additionally, there is no evidence of any convictions by court-martial or nonjudicial punishment under Article 15, Uniform Code of Military Justice (UCMJ).

11.  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, and he/she could not have been convicted by court-martial.

12.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance for the Vietnam Service Medal and states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, participation credit was awarded for the following four campaigns:

* Vietnam Summer-Fall 1969 (3 June 1969 – 31 October 1969)
* Vietnam Winter-Spring 1970 (1November 1969 – 30 April 1970)
* Sanctuary Counteroffensive (1 May 1970 – 30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970 – 30 June 1971)

13.  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 1st Battalion, 327th Infantry Regiment, to which the applicant was assigned, was cited for the: 

* Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 8 February 1962 through 28 March 1973 by Department of the Army General Orders (DAGO) Number 8, dated 1974
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for the period 18 March 1968 through 2 May 1970 by DAGO Number 48, dated 1971

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show award of the Purple Heart has been carefully considered and is found to have merit.

2.  The evidence of record shows the applicant was wounded by hostile fire, received medical treatment for his wounds on 3 January 1970, and the treatment was made part of his official record.  Therefore, it would be appropriate to award him the Purple Heart and to correct his DD Form 214 to show this award.

3.  He served honorably from 10 April 1969 through 9 April 1971.  His records show he received "excellent" conduct and efficiency ratings throughout his service.  There is no evidence of any disciplinary or derogatory actions or a commander's disqualification for the first award of the Army Good Conduct Medal.  Therefore, as a matter of equity, it would be appropriate to award him the Army Good Conduct Medal (1st Award) and to correct his DD Form 214 to show this award.

4.  Records show he participated in four campaigns during his service in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show four bronze service stars for wear on his already-awarded Vietnam Service Medal.

5.  General orders awarded his unit of assignment in the Republic of Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the periods in which he was assigned.  These unit awards are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show them.

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 Purple Heart for wounds sustained as a result of hostile action on 3 January 1970; 

   b. awarding him the Army Good Conduct Medal (1st Award) for the period  10 April 1969 through 9 April 1971; and

   c. amending his DD Form 214 to delete the Vietnam Service Medal with bronze service star and add:

* Purple Heart
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class 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)                                         AR20100015543



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ABCMR Record of Proceedings (cont)                                         AR20140018143



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