IN THE CASE OF:	  

		BOARD DATE:	  18 June 2015

		DOCKET NUMBER:  AR20140019296 


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 he was awarded the Purple Heart.

2.  The applicant states he was wounded in Vietnam during the Tet Offensive.  He believes he was in Hue, Vietnam at the time.

3.  The applicant provides:

* DD Form 214
* DA Form 20 (Enlisted Qualification Record)
* Standard Form (SF) 88 (Report of Medical Examination)
* SF 89 (Report of Medical History)
* SF 600 (Chronological Record of Medical Care)
* DA Form 1307 (Individual Jump Record)
* Letter Orders Number 07-1284872, dated 26 June 1972, issued by the Office of The Adjutant General, U.S. Army Reserve Components Personnel and Administration Center
* 1st Indorsement, dated 9 February 1979, subject:  Request for Discharge from the DEP, issued by the U.S Army Recruiting Command
* Orders Number 011-1, dated 16 January 1979, issued by Armed Forces Examining and Entrance Station, New Orleans



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 12 August 1966.  After completing initial training, he was awarded military occupational specialty (MOS) 13A (Field Artillery Basic).  The highest rank/grade held during his initial period of service was specialist four/E-4.

3.  He served in Vietnam from on or about 13 December 1967 through 4 July 1968.  He was assigned to Company B, 1st Battalion, 502nd Infantry Regiment with duty as an Automatic Rifleman (MOS 11B).  He has qualifying service for four campaigns:

* Vietnam Counteroffensive Phase III (1 June 1967 to 29 January 1968)
* Tet Counteroffensive (30 January 1968 to 1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April 1968 to 30 June 1968)
* Vietnam Counteroffensive Phase V (1 July 1968 to 1 November 1968

4.  He was honorably released from active duty on 11 August 1969.  His 
DD Form 214 shows he completed 3 years of net active creditable service.  His DD Form 214 also shows he was awarded or authorized:

* National Defense Service Medal
* Parachutist Badge
* Vietnam Service Medal
* Combat Infantryman Badge
* Vietnam Campaign Medal with Device (1960)

5.  His DA Form 20 shows the following entries:

	a.  Item 38 (Record of Assignments) shows:

* principal duty as a patient at 3rd Marien Hospital, U.S. Army Pacific Command, from on or about 17 March to 27 April 1968
* principal duty as patient at Camp Zama, Japan, from on or about 24 June to 15 August 1968
* all entries addressing conduct and efficiency are shown as excellent

	b.  Item 40 (Wounds) states the applicant sustained fragment wounds to both legs, back, and neck on 13 June 1968.

	c.  Item 41 (Awards and Decorations) shows the applicant was qualified as a sharpshooter for both the M-14 and M-16 Rifles.

6.  His records are void of orders showing award of the Purple Heart.  There are, however, orders assigning the applicant to the U.S. Army Hospital at Camp Zama, Japan effective 25 June 1968.

7.  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 failed to reveal orders for the Purple Heart pertaining to the applicant.

8.  His name is listed on the Vietnam casualty listing.  This is a listing of Vietnam era casualties commonly used to verify entitlement to award of the Purple Heart.  The entry confirms that on 13 June 1968 the applicant was wounded as a result of hostile action while serving in Vietnam.

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

	a.  The Purple Heart is awarded for a wound sustained while in action against an 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.  A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  

10.  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.  There must have been no convictions by a court-martial.  

11.  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 all units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Order Number 8, dated 1974.  This pamphlet shows all units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on DAGO Number 8, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  Records show he was wounded as a result of hostile action, the wound required treatment by medical personnel, and medical treatment provided was made a matter of official record.  He should therefore be awarded the Purple Heart and it should be added to his DD Form 214.

2.  He is authorized to wear four bronze service stars on his already-awarded Vietnam Service Medal.  His records also show he was awarded the Sharpshooter Marksmanship Qualification Badge for both the M-14 and the
M-16 Rifles.  

3.  All units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  His DD Form 214 should be corrected to show these awards.

4.  It appears he met the criteria for award of the Army Good Conduct Medal (1st Award) for the period 12 August 1966 through 11 August 1969; therefore he should be given this award and it should be added to his DD Form 214.

* there is no derogatory information found in his available record
* he received all excellent ratings for conduct and efficiency throughout his 3-year term of service









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 amending his DD Form 214 for the period ending 11 August 1969 as follows:

	a.  Awarding the applicant the Purple Heart for wounds received on 13 June 1968.

	b.  Awarding him the Army Good Conduct Medal (1st Award) for the period 
12 August 1966 through 11 August 1969.

	c.  Deleting the Vietnam Service Medal from item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized).

	d.  Adding to item 24 the following awards:

* Purple Heart
* Army Good Conduct Medal
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)



      _______ _   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)                                         AR20140019296



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ABCMR Record of Proceedings (cont)                                         AR20140019296



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