IN THE CASE OF:	  

		BOARD DATE:	  11 June 2015

		DOCKET NUMBER:  AR20140018235 


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 he was wounded in action in Vietnam but he did not receive the Purple Heart. 

3.  The applicant provides:

* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) 
* General Orders (GO) Number 1602 awarding him the Army Commendation Medal with "V" Device 
* 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's records show he enlisted in the Regular Army on 16 June 1964 and he held military occupational specialty (MOS) 11D (Armor Intelligence Specialist). 

3.  Special Orders (SO) Number 120, issued by Headquarters, 3rd Brigade, U.S. Army Training Center, Fort Ord, CA, dated 24 July 1964, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14). 

4.  SO Number 235, issued by Headquarters, 1st Training Brigade, Fort Knox, KY, dated 22 October 1964, awarded him the Sharpshooter Marksmanship Qualification Badge with Tank Weapons Bar. 

5.  He served in Vietnam from on or about 31 December 1965 to 22 December 1966 and he was assigned to Troop B, 1st Squadron, 4th Cavalry.  

6.  SO Number 188, issued by Headquarters, 4th Armored Division, dated
23 July 1965, awarded him the Sharpshooter Marksmanship Qualification Badge with Sub-Caliber Machine Gun Bar.

7.  On 30 June 1966, he was wounded in Vietnam as a result of hostile action.  He sustained a gunshot wound to the face as reflected in item 40 (Wounds) of his DA Form 20.  His records do not contain orders awarding him the Purple Heart.

8.  GO Number 1602, issued by Headquarters, 1st Infantry Division, dated 14 August 1966, awarded him the Army Commendation Medal with "V" Device for heroism on 30 June 1966.  The citation reads: 

[He] was serving as a tracked vehicle driver when his unit was heavily engaged by numerically superior Viet Cong force.  [He] immediately began to maneuver his vehicle against the Viet Cong force.  His skillful driving under terrific insurgent fire was instrumental in keeping his vehicle from being hit by recoilless rifle or mortar fire.  In the ensuing action, [he] received a painful small arms wound in the left eye.  Without any medical assistance, [he] continued his excellent evasive tactics yet also managed to keep the vehicle in a position where his gunners could engage and destroy the Viet Cong. 


9.  On 15 June 1967, he was honorably released from active duty in the rank/grade of sergeant (SGT)/E-5.  His DD Form 214 shows he completed 
3 years of active service with no lost time.  His DD Form 214 also shows he was awarded or authorized the:

* “Vietnam Counter Offensive Campaign Medal”
* “Bronze Service Star”
* Army Commendation Medal with "V" Device
* Vietnam Campaign Medal
* National Defense Service Medal
* Vietnam Service Medal 

10.  Army Regulation 600-8-22 (Military Awards) states: 

	a.  The Purple Heart is awarded for a wound sustained while in action against and 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.  

	b.  The Vietnam Service Medal is awarded for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Appendix B shows during his service in Vietnam, campaign participation credit was awarded for the campaigns below. This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  

* Vietnam Counteroffensive, 25 December 1965 - 30 June 1966
* Vietnam Counteroffensive Phase, 1 July 1966 - 31 May 1967

11.  A review of the applicant's service record 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 shows he received "excellent" conduct and efficiency ratings throughout his military service.

12.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.


13.  Department of the Army (DA) Pamphlet 672-3 (Unit Citations and Campaign Participation Credit) shows during his service with 1st Squadron, 4th Cavalry, from 30 December 1965 to 22 December 1966 in Vietnam, this unit was cited for award of the: 

* Presidential Unit Citation, for service from 1 June to 31 July 1966, by DAGO Number 31, dated 1967
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 12 July 1965 to 16 October 1968, by DAGO Number 21, dated 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for service from 1 October 1965 to 7 April 1970, by DAGO Number 53, dated 1970

DISCUSSION AND CONCLUSIONS:

1.  The applicant was wounded as a result of hostile action in Vietnam on 30 June 1968 as evidenced by his award of the Army Commendation Medal with "V" Device and the entry on his DA Form 20.  Therefore, he is entitled to award of the Purple Heart and correction of his DD Form 214 to show it. 

2.  He was awarded the Vietnam Service Medal.  He also participated in two campaigns during his service in Vietnam.  His DD Form 214 erroneously listed the entry "Vietnam Counter Offensive Campaign Medal, Bronze Service Star."  The correct entry should be Vietnam Service Medal with two bronze service stars.  His DD Form 214 should be corrected accordingly.  

3.  SO awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), Sharpshooter Marksmanship Qualification Badge with Tank Weapons Bar, and Sharpshooter Marksmanship Qualification Badge with Sub-caliber Machine Gun Bar.  Therefore, he is entitled to correction of his DD Form 214 to show these badges. 

4.  His unit in Vietnam was awarded the Presidential Unit Citation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, his DD Form 214 should be corrected to show these unit awards. 

5.  He served honorably from 16 June 1964 through 15 June 1967.  He served in Vietnam, attained the rank/grade of SGT/E-5, and received "excellent" efficiency and conduct ratings throughout his military service.  His records contain no 


derogatory information that would have disqualified him from receiving the first award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award the applicant the Army Good Conduct Medal and correct his DD Form 214 to show this medal.

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 Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 16 June 1964 through 15 June 1967;

	b.  awarding him the Purple Heart for wounds received in action in Vietnam on 30 June 1966; and

	c.  deleting from his DD Form 214 the entry "Vietnam Counter Offensive Campaign Medal, Bronze Service Star" and adding to his DD Form 214:

* Army Good Conduct Medal (1st Award)
* Purple Heart
* Vietnam Service Medal with two bronze service stars
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Tank Weapons Bar
* Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar
* Presidential Unit Citation



* 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)                                         AR20140018235



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ABCMR Record of Proceedings (cont)                                         AR20140018235



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