BOARD DATE:	  30 July 2015

		DOCKET NUMBER:  AR20140021363 


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 military service records to show award of the Purple Heart.

2.  The applicant states he served in the Republic of Vietnam (RVN) with the 
121st Aviation Company.  He adds that military medical records confirm that he was wounded during a mortar attack on 18 February 1968.

3.  The applicant provides a copy of a response to a record request from the Defense Personnel Records Image Retrieval System (DPRIS).

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 was inducted into the U.S. Army on 19 April 1966.  He was awarded military occupational specialty 71B (Clerk Typist).

3.  His DA Form 20 (Enlisted Qualification Record) shows in –

* item 31 (Foreign Service), he served in Vietnam from 13 September 1966 through 3 March 1968
* item 33 (Appointments and Reductions), he was promoted to specialist four (SP4)/pay grade E-4 on 22 June 1967
* item 38 (Record of Assignments):  121st Aviation Company, from
20 September 1966 through 3 March 1968, and he received all "excellent" conduct and efficiency ratings throughout his military service
* item 40 (Wounds) no entry (is blank)
* item 41 (Awards and Decorations) –

* Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar
* National Defense Service Medal
* Vietnam Service Medal (VSM)
* RVN Campaign Medal with Device (1960)
* Air Medal
* 3 Overseas Service Bars

4.  The applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was honorably released from active duty on 
8 March 1968 and transferred to the U.S. Army Reserve Control Group (Annual Training).  

   a.  He had completed 1 year, 10 months, and 20 days of total active duty service this period that included 1 year, 5 months, and 25 days of foreign service.

   b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the –

* National Defense Service Medal
* VSM
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar
* Army Good Conduct Medal (3rd Award)
* RVN Campaign Medal

5.  A review of the applicant's military personnel records failed to reveal any orders or other evidence that shows he was awarded the Purple Heart.

6.  A review of The Adjutant General's Office, Casualty Division's Vietnam casualty roster shows the applicant as a casualty on 18 February 1968 with casualty status code 24 (hostile wounded in action; not serious, not hospitalized).

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 Awards and Decorations Branch of the U.S. Army Human Resources Command, failed to reveal any orders showing the applicant was awarded the Purple Heart.

8.  In support of his application the applicant provides a copy of a printout from the DPRIS website (https://www.dpris.dod.mil/dprisxml) that shows a search of the combat casualty database revealed the applicant was wounded from artillery and/or mortar fire on 18 February 1968.

9.  A review of the applicant's military personnel records reveals he may be entitled to additional awards that are not shown on his DD Form 214.

10.  Headquarters, 1st Aviation Brigade, General Orders (GO) Number 4113, dated 31 August 1967, awarded the applicant the Air Medal for meritorious achievement while participating in aerial flight from 28 April 1967 to 23 July 1967.

11.  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 qualifying 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.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.

   a.  It shows the 121st Aviation Company was cited for award of the 
RVN Gallantry Cross with Palm Unit Citation for the period –

* 1 March 1966 to 26 March 1967 in Department of the Army General Orders (DAGO) Number 22 (1968)
* 27 March 1967 to 17 May 1968 in DAGO Number 21 (1969), as amended by DAGO Number 46 (1969)


   b.  This pamphlet also shows that not more than one RVN Gallantry Cross Unit Citation will be worn by any individual.  Although multiple awards of these unit citations are not authorized for wear, official military and historical records will indicate all awards received.  

13.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

   a.  The VSM 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 will be awarded for wear on the VSM for participation in each credited campaign.
	
	b.  Appendix B contains a list of Vietnam Conflict campaigns.  During the applicant's service in Vietnam, participation credit was awarded for the following campaigns –

* Vietnam Counteroffensive Phase II (1 July 1966- 31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967- 29 January 1968)
* Tet Counteroffensive (30 January - 1 April 1968)

   c.  The Purple Heart is awarded to any member who was wounded or killed as a result of enemy action.  A wound is defined as an injury to any part of the body from an outside force, element, or agent sustained in action in the face of the armed enemy or as a result of a hostile act of such enemy.  A physical lesion is not required; however, in order to support awarding a member the Purple Heart, it is necessary to establish the wound for which the award is being made required treatment by medical personnel and the medical treatment for the wound or injury received in action must have been made a matter of official record.
   
DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was wounded in action in the RVN on 18 February 1968, he received medical treatment for his injury, and it was made a matter of official record.  Thus, it would be appropriate at this time to correct his records to show award of the Purple Heart.

2.  The evidence of record shows:

   a.  GOs awarded the applicant the Air Medal;
   b.  the applicant qualified for award of the VSM and he participated in three campaigns during his service in Vietnam.  Thus, he is authorized three bronze service stars for wear on his already-awarded VSM; and

   c.  DAGOs awarded the applicant's unit the RVN Gallantry Cross with Palm Unit Citation (2nd Award).

3.  The applicant served a period of continuous, honorable active duty enlisted service from 19 April 1966 through 8 March 1968, which qualified him for award of the Army Good Conduct Medal (1st Award).  His DD Form 214 shows "Good Conduct (3rd Award)."  It also shows "Vietnam Service Medal" (with no bronze service stars); however, he is authorized three bronze service stars on his VSM.  Thus, it is concluded administrative error was made with respect to these two award entries and that they should be corrected.

4.  Therefore, it would be appropriate to correct the applicant's DD Form 214 to show his awards and decorations, as recommended below.

BOARD VOTE:

__X_____  __X______  __X__  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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 Purple Heart for wounds received in action in the Republic of Vietnam on 18 February 1968 (Standard Name Line:  SP4, 
121st Aviation Company, 1st Aviation Brigade);

   b.  deleting from item 24 of his DD Form 214 all of the award entries; and


	c.  adding the following awards to item 24 of his DD Form 214 –

* Purple Heart
* Air Medal
* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Vietnam Service Medal with 3 Bronze Service Stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar




      _______ _  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)                                         AR20140021363



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ABCMR Record of Proceedings (cont)                                         AR20140021363



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