IN THE CASE OF:
BOARD DATE: 14 July 2015
DOCKET NUMBER: AR20140020803
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 the Purple Heart.
2. The applicant states he was wounded in Vietnam in battle. He receives 80-percent service-connected disability from the Department of Veterans Affairs (VA).
3. The applicant provides his DD Form 214 and VA card.
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 was inducted into the Army of the United States on 4 May 1970 and he held military occupational specialty 11B (Light Weapons Infantryman).
3. Special Orders (SO) Number 177, issued by Headquarters, U.S. Army Training Center, Fort Bragg, NC, on 26 June 1970, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).
4. He served in Vietnam from 2 October 1970 to 8 June 1971. He was assigned to Company D, 1st Battalion, 327th Infantry Regiment, 101st Airborne Division.
5. He was wounded in Vietnam on 20 May 1971 as a result of hostile action. He sustained multiple fragment wounds to both legs and right hand.
6. General Orders (GO) Number 107, issued by Headquarters, 85th Evacuation Hospital on 21 May 1971, awarded him the Purple Heart for wounds received in action on 20 May 1971.
7. He was honorably released from active duty in the rank/grade of specialist four (SP4)/E-4 on 22 December 1971. His DD Form 214 shows he completed 1 year, 7 months, and 19 days of active service with no lost time. His DD Form 214 also shows he was awarded or authorized the:
* National Defense Service Medal
* Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal with bronze service star
* Combat Infantryman Badge
8. A review of his 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 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his military service (except for an "unknown rating" while a patient on 27 May 1971 en route to Walter Reed Army Medical Center).
9. 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.
10. Department of the Army (DA) Pamphlet 672-3 (Unit Citations and Campaign Participation Credit) shows during his service with the 1st Battalion, 327th Infantry from 2 October 1970 to 8 June 1971 in Vietnam, this unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 1 March to 9 October 1971, by DAGO Number 6, dated 1974.
DISCUSSION AND CONCLUSIONS:
1. GO awarded the applicant the Purple Heart for wounds received in action in Vietnam; therefore, his DD Form 214 should be corrected to show this award.
2. SO awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16); therefore, his DD Form 214 should be corrected to show this badge.
3. His unit in Vietnam was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, his DD Form 214 should be corrected to show this unit award.
4. He served honorably from 4 May 1970 through 22 December 1971. He served in Vietnam, attained the rank/grade of SP4/E-4, was wounded in action, and received all "excellent" efficiency and conduct ratings throughout his military service (except for an "unknown rating" while a patient on 27 May 1971). 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:
* awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 4 May 1970 through 22 December 1971
* adding to his DD Form 214 the:
* Army Good Conduct Medal (1st Award)
* Purple Heart
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* 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) AR20140020803
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20140020803
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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