IN THE CASE OF:	  

		BOARD DATE:	  23 July 2015

		DOCKET NUMBER:  AR20140021357 


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 Vietnam in a fire fight and has been receiving a disability for the injury since 1968.  He received a Bronze Star Medal with "V" Device for his actions on 31 July 1966 that show he was wounded in the fire fight.

3.  The applicant provides copies of a photo showing a wound to the right leg, his DD Form 214 (Report of Transfer or Discharge), and a newspaper article.

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 served on active duty from 14 May 1965 through 13 May 1968.
3.  25th Infantry Division General Order Number 277, dated 10 October 1966, awarded the applicant the Bronze Star Medal with "V" Device for his actions on 31 July 1966.  The citation states the applicant was wounded at the time. 

4.  The applicant's DA Form 20 (Enlisted Qualification Record) shows –

* promotion to sergeant (E-5) on 21 July 1967
* service in the military occupational specialty 11B (Light Weapons Infantryman) from 27 October 1965 to 15 February 1967 and 76Y (Unit and Organization Supply Specialist from 16 February 1967 through the end of his enlistment
* service in Vietnam from 18 June 1966 through 22 August 1966
* assignment in Vietnam with Company A, 2nd Battalion, 35th Infantry Regiment, 25th Infantry Division
* he was a medically evacuated from Vietnam on 23 August 1966 and returned to full duty on 10 January 1967
* conduct and efficiency ratings of all "excellent" except for one rating of "good" for academic proficiency 
* service during one campaign period
* he sustained a combat wound to his right thigh and left ankle on 31 July 1966
* his authorized awards are the Vietnam Service Medal, National Defense Service Medal, Bronze Star Medal with "V" Device, Combat Infantryman Badge, Marksman Marksmanship Qualification Badge with Rifle Bar, and orders for the Purple Heart were requested

5.  The applicant's DD Form 214 shows – 

* he served 3 years on active duty
* he served 2 months and 9 days in Vietnam
* his authorized awards are the National Defense Service Medal, Vietnam Service Medal with 2 bronze service stars, Bronze Star Medal with "V" Device, Combat Infantryman Badge, Expert Marksmanship Qualification Badge with Rifle (M-14) and Machinegun Bars and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)

6.  The applicant's record contains no derogatory entries, disciplinary actions, nonjudicial punishments, or court-martials that would suggest he was considered not eligible for the first award of the Army Good Conduct Medal.

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  While the applicant was assigned to Company A, 2nd Battalion, 35th Infantry Regiment, the unit was cited for award of the Valorous Unit Award and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

8.  A review of the Vietnam Casualty List found the applicant's name at line 42,018.  It shows he was wounded on 31 July 1966 with a description of "Hostile Wounded In Action: Serious Hospitalized."  Additionally, item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) shows he received a gunshot wound to the right thigh and left ankle on 31 July 1966. 

9.  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.  The enlisted person must have had all “excellent” conduct and efficiency ratings.  Ratings of “Unknown” for portions of the period under consideration were not disqualifying.  Service school efficiency ratings based upon academic proficiency of at least “Good” rendered subsequent to 22 November 1955 were not disqualifying.  There must have been no convictions by a court-martial.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

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

   a.  The Purple Heart is awarded for a wound sustained 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 Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.  Individuals who had qualified for award of the Vietnam Service Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Republic of Vietnam Campaign Medal with Device (1960).




DISCUSSION AND CONCLUSIONS:

1.  The applicant sustained wounds as a result of hostile action on 31 July 1966.  His records show orders were requested for award of the Purple Heart but the record does not contain any indication that the orders were properly issued.  It is appropriate to award the applicant the Purple Heart for wounds received in action in Vietnam on 31 July 1966 and include this award on his DD Form 214.

2.  The applicant distinguished himself by his conduct, efficiency and fidelity as evidenced by his combat service, his conduct and efficiency ratings, his personal decorations, and his advancement to pay grade E-5.  The record contains no indication of any disqualifying incidents or recommendations.  It is appropriate to award the applicant the Army Good Conduct Medal (First Award) for his period of service from 14 May 1965 through 13 May 1968.

3.  The applicant served in Vietnam just over 2 months before being wounded on 31 July 1966.  Because his service in Vietnam ended as a result of this wound he meets the eligibility requirements for award of the Republic of Vietnam Campaign Medal with Device (1960).  It is appropriate to correct the omission by adding this award to his DD Form 214.

4.  The applicant was also assigned to a unit in Vietnam that was cited for award of the Valorous Unit Award and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, it would be appropriate add these awards to his DD Form 214.

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 the applicant the Purple Heart for wounds received as a result of hostile action on 31 July 1966;

	b.  awarding the applicant the Army Good Conduct Medal (First Award) for his period of service from 14 May 1965 through 13 May 1968; and 

	c.  adding to his DD Form 214 the –  

* Purple Heart
* Army Good Conduct Medal (First Award)
* Republic of Vietnam Campaign Medal with Device (1960)
* Valorous Unit Award 
* 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)                                         AR20140021357



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ABCMR Record of Proceedings (cont)                                         AR20140021357



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