IN THE CASE OF:	  

		BOARD DATE:	  5 February 2015

		DOCKET NUMBER:  AR20140009047


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 has included his Purple Heart Certificate with his request. 

3.  The applicant provides his DD Form 214; a Purple Heart Certificate dated     20 January 1968; and Special Orders Number 320, issued by the U.S. Army Training Center and Fort Leonard Wood, Fort Leonard Wood, Missouri on         15 November 1968. 

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 Army of the United States on 23 March 1967.  He completed training and was awarded military occupational specialty 11B (Light Weapons Infantryman).`

3.  Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam from 3 September 1967 through    27 January 1968. 

4.  Item 38 (Record of Assignments) of his DA Form 20 shows he was assigned to Company C, 2nd Battalion, 35th Infantry Regiment, 4th Infantry Division, on  15 September 1967.  His principle duty title changed from "Rifleman" to "Patient," concurrent with his evacuation to the combat medical hospital, Camp Zama, Japan on 13 February 1968, followed by his reassignment to the Medical Hold Detachment, Army Hospital, Fort Leonard Wood, Missouri, on 23 March 1968.

5.  Item 40 (Wounds) of his DA Form 20 shows he received multiple fragmentation wounds on his right leg, chest and face on 19 January 1968.

6.  A review of The Adjutant General's Office, Casualty Division's Vietnam casualty roster shows the applicant's name as a casualty under casualty status code "23."  This casualty code refers to "hostile wounded in action, not serious, hospitalized."

7.  On 18 November 1968, he was honorably released from active duty and transferred to the U.S. Army Reserve.  His DD Form 214 shows he was awarded the:

* National Defense Service Medal
* Vietnam Service Medal
* “Sharpshooter”

8.  His record is void of any documentation that indicates he was awarded the Purple Heart prior to his release from active duty.

9.  A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the U.S. Army Human Resources Command Military Awards Branch, failed to reveal any orders for the Purple Heart pertaining to the applicant.

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

11.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) stated the authority to award the Purple Heart was delegated to hospital commanders.  Further, it directed that all personnel treated and released within 24 hours would be awarded the Purple Heart by the organization to which the individual is assigned.  Personnel requiring hospitalization in excess of 24 hours or evacuation from Vietnam would be awarded the Purple Heart directly by the hospital commander rendering treatment.  

12.  His record indicates he is entitled to additional awards that are not shown on his DD Form 214.

13.  There is no indication in his available record that shows he was awarded the Army Good Conduct Medal.  Item 38 of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his service.  There is no evidence of a commander's disqualification for the award.  Additionally, there is no evidence of any convictions by courts-martial or nonjudicial punishment under Article 15, Uniform Code of Military Justice (UCMJ).

14.  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, and he/she could not have been convicted by court-martial.

15.  Army Regulation 600-8-22 (Military Awards) states the Combat Infantryman Badge (CIB) is awarded to infantry officers, warrant officers, and enlisted Soldiers possessing an infantry MOS.  There are three requirements for award of the CIB:  the Soldier must be an infantryman satisfactorily performing infantry duties; he must be assigned to an infantry unit, of brigade, regimental, or smaller size during such time as the unit is engaged in active ground combat; and he must actively participate in such ground combat. 

16.  Special Orders Number 139, Headquarters, U.S. Army Training Center, Armor, Fort Knox, KY, dated 19 May 1967, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

17.  Special Orders Number 165, Headquarters, Fort Polk, Fort Polk, LA, dated 28 June 1967, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).

18.  Special Orders Number 179, Headquarters, Fort Polk, Fort Polk, LA, dated 13 July 1967, awarded him the Expert Marksmanship Qualification Badge with Machinegun Bar (M-60).

19.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Table B-1 shows during his service in Vietnam, campaign participation was awarded for the following two campaigns:  the Vietnam Counteroffensive, Phase III (1 June 1967 – 29 January 1968) and the Tet Counteroffensive (30 January 1968 – 1 April 1968).

20.  Army Regulation 600-8-22 states 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.  Also eligible for this award are individuals who qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and served for less than six months of service but:

* were wounded as a result of hostile action 
* were captured by hostile forces but later escaped or were rescued or released
* were killed in action or otherwise in line of duty

21.  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 unit to which the applicant was assigned was cited for the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation, for service during the period 1 August 1967 – 28 July 1969, by Department of the Army General Orders (DAGO) Number 38, dated 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for service during the period 1 August 1967 – 31 October 1969, by DAGO Number 53, dated 1970
* Meritorious Unit Commendation, for service during the period 1 November 1967 – 30 April 1968, by DAGO Number 17, 1969

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was wounded by hostile fire, received treatment for his wounds, and that treatment was made part of the official record.  There is no evidence in his record that shows he was awarded the Purple Heart.  However, given that he submitted a Purple Heart Certificate with his application, it is likely that he was awarded the Purple Heart as a consequence of his injuries.  Therefore, it would be appropriate to have his         DD Form 214 corrected to show it.

2.  He served honorably from 23 March 1967 to 18 November 1968.  His record shows he received "excellent" conduct and efficiency ratings throughout his service.  There is no evidence of any disciplinary or derogatory actions or a commander's disqualification for the first award of the Army Good Conduct Medal.  Therefore, as a matter of equity, it would be appropriate to award him the Army Good Conduct Medal (1st Award) and to correct his DD Form 214 to show this award.

3.  He was an Infantryman serving in MOS 11B, who satisfactory served with an infantry unit in combat from 15 September 1967 to 13 February 1968, until he was evacuated due to injuries he suffered while engaged with the enemy.  As such, he met the criteria for award of the CIB, and as a matter of equity, it would be appropriate to award him the CIB and to correct his DD Form 214 to show it.

4.  Special orders awarded him the following individual marksmanship awards:

* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Machinegun Bar (M-60)

5.  These marksmanship awards are not shown on his DD Form 214; therefore, it would be appropriate to correct his DD Form 214 to show them.

6.  He participated in two campaigns during his service in the Republic of Vietnam.  Therefore, he is entitled to 2 bronze service stars for wear on his previously-awarded Vietnam Service Medal and to correction of his DD Form 214 to show these bronze service stars.

7.  The applicant served a qualifying period of service for the Republic of Vietnam Campaign Medal with Device (1960).  This foreign service medal is not shown on his DD Form 214; therefore, his DD Form 214 should be corrected to show it.

8.  General orders awarded his unit of assignment in the Republic of Vietnam the following citations or commendations:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for service during the period 1 August 1967 - 28 July 1969, by DAGO Number 38, dated 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service during the period 1 August 1967 – 31 October 1969, by DAGO Number 53, dated 1970
* Meritorious Unit Commendation during the period 1 November 1967 –    30 April 1968, by DAGO Number 17, 1969

9.  These unit awards are not shown on his DD Form 214; therefore, it would be appropriate to correct his DD Form 214 to show them.

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 March 1967 to 18 November 1968;

	b.  Awarding him the Combat Infantryman Badge effective 19 January 1968;

   c.  deleting from his DD Form 214 to the "VSM" and "Sharpshooter"; and
   
   d.  adding to his DD Form 214 the:
   
* Purple Heart
* Combat Infantryman Badge 
* Army Good Conduct Medal (1st Award)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Machinegun Bar (M-60)
* Vietnam Service Medal with 2 bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Meritorious Unit Commendation



      ___________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)                                         AR20100015543



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ABCMR Record of Proceedings (cont)                                         AR20140009047



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