BOARD DATE:	  9 July 2015

		DOCKET NUMBER:  AR20140019414 


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 he earned in Vietnam was omitted from his DD Form 214
* he is applying for Department of Veterans Affairs benefits

3.  The applicant provides:

* Purple Heart Certificate
* 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 23 August 1966 for a period of 3 years.  He arrived in Vietnam on 30 November 1967.  He served as a lineman assigned to the 578th Signal Company from 6 December 1967 to 25 June 1969.  He participated in seven campaigns during his assignment in Vietnam.

3.  On 29 June 1969, he was honorably released from active duty in the temporary rank of sergeant after completing 2 years, 10 months, and 7 days of creditable active service with no lost time.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Army Commendation Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksman Qualification Badge with Rifle Bar
* Republic of Vietnam Campaign Medal with Device (1960)
* three overseas service bars

4.  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 1968.  He also provided a Purple Heart Certificate which shows he was wounded in action in the Republic Vietnam on 2 February 1968.

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

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

7.  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 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.

8.  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.  The Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  A bronze service star is worn on the Vietnam Service Medal for each credited campaign.  A silver service star is authorized in lieu of five bronze service stars.

9.  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 578th Signal Company was awarded the Meritorious Unit Commendation during the period 1 October 1967 to 31 August 1968 by Department of the Army General Orders Number 42, dated 1969.

10.  Department of the Army General Orders 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 entry on the Vietnam casualty roster showing the applicant was wounded in action on 2 February 1968 combined with his Purple Heart Certificate are accepted as sufficient evidence on which to base adding award of the Purple Heart to his DD Form 214.

2.  Based on his service in Vietnam and participation in seven campaigns, he is authorized award of the Vietnam Service Medal with one silver service star and two bronze service stars.  Therefore, his DD Form 214 should be corrected to show this award.

3.  He was released from active duty in the temporary rank of sergeant with 34 months of creditable active service with no lost time.  It appears he met the eligibility criteria for the first award of the Army Good Conduct Medal for the period 23 August 1966 through 29 June 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 Army Good Conduct Medal (1st Award) and his DD Form 214 should be corrected to show this award.

4.  His unit in Vietnam was awarded the Meritorious Unit Commendation during his period of assignment in Vietnam.  Therefore, his DD Form 24 should be corrected to show this unit award.

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 show 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 Army Good Conduct Medal (1st Award) for the period 23 August 1966 through 29 June 1969 and

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

* Purple Heart
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with one silver service star and two bronze service stars


* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm 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)                                         AR20140019414



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140019414



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1