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ARMY | BCMR | CY2015 | 20150000020
Original file (20150000020.txt) Auto-classification: Approved
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		IN THE CASE OF:	  

		BOARD DATE:	  4 August 2015

		DOCKET NUMBER:  AR20150000020 


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, in effect, that he was wounded in Vietnam and was not awarded the Purple Heart.

3.  The applicant provides copies of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), a letter from the National Personnel Records Center (NPRC), Report of Medical History, a witness statement, and a Western Union Telegram.

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 on 1 September 1966.  He completed his one-station unit training as a light weapons infantryman and was transferred to Vietnam on 11 February 1967.

3.  He was initially assigned to the 537th Personnel Service Company for duty as a security guard and on 25 March 1967, he was reassigned to the U.S. Army Support Command – Saigon for duty as a security guard.  On 13 July 1967, he was reassigned to the 300th Transportation Company for duty as a security guard.  He was subsequently assigned the duties of a cargo supervisor and then an administrative supervisor in the same unit.  He was promoted to sergeant (SGT)/pay grade E-5 on 15 January 1968.

4.  He served in three campaigns and departed Vietnam on 8 February 1968.  He was transferred to Fort Campbell, Kentucky where he remained until he was honorably released from active duty (REFRAD) on 9 August 1968.  He served 1 year, 11 months and 9 days of active service and his DD Form 214 issued at the time of his REFRAD shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal with Device (1960) and his marksmanship badge.  

5.  The Western Union Telegram provided by the applicant is also contained in his official records and was sent to his parents informing them that the applicant had been slightly wounded on 3 February 1968 as a result of hostile action.  It further indicates that the applicant was treated and hospitalized in Vietnam. Additionally, his name is also contained on the Vietnam Casualty Listing.

6.  The applicant provided a witness statement.  In the statement, the witness states he was assigned to the 300th Transportation Company and served with the applicant who was wounded in action by hostile fire on the night of 2 February 1968 during the Tet Offensive Campaign.  The applicant was evacuated to the hospital on 3 February 1968.

7.  A review of his records shows that he had excellent conduct and efficiency ratings throughout his service and his records contain no evidence of any derogatory information that would serve to disqualify him for award of the Army Good Conduct Medal (AGCM).  There are no orders awarding him the Combat Infantryman Badge (CIB) in his records.

8.  On 15 October 1984, the Department of the Army Reserve Component Personnel Administration Center (RCPAC) in St. Louis, Missouri issued a DA Form 1577 authorizing the issuance of medal sets to the applicant for the following awards:

* AGCM
* Meritorious Unit Commendation (MUC)
* National Defense Service Medal
* Vietnam Service Medal with one bronze service star
* Combat Infantryman Badge
* Republic of Vietnam Campaign Ribbon with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

9.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained while in action against an enemy or 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.  

10.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM was awarded for 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 of service.  The Soldier must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.

11.  Army Regulation 600-8-22 states there are basically three requirements for award of the Combat Infantryman Badge.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit (emphasis added) during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It shows that the applicant's unit was cited for the Meritorious Unit Commendation (MUC) and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.

13.  Army Regulation 600-8-22 states a bronze service star based on qualifying service for each campaign listed in appendix B will be worn on the appropriate service medal.



DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant was wounded on 3 February 1968 as a result of hostile action and that he was treated for those wounds in a hospital in Vietnam.  Accordingly, he is entitled to award of the Purple Heart. 

2.  The applicant met the requirements for award of the AGCM and since he was already provided the AGCM medal set, it would be appropriate to add it to his DD Form 214.

3.  The applicant served in three campaigns in Vietnam and is entitled to wear three bronze service stars on his already awarded Vietnam Service Medal and to have them added to his DD Form 214.

4.  The applicant’s unit was awarded the MUC and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show these unit awards.

5.  Although the applicant was authorized the issuance of the CIB by the RCPAC, there are no orders or entries in his records awarding him the CIB. He was not assigned to an infantry unit in Vietnam, which is a prerequisite for award of the CIB.  Therefore, absent orders awarding him the CIB, there appears to be no basis for adding that award to his DD Form 214. 

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:

* deleting the award of the Vietnam Service Medal from his DD Form 214
* awarding him the Purple Heart for wounds received in action in Vietnam on 3 February 1968 while serving in the rank of SGT
* adding the following awards to his DD Form 214:

* Purple Heart
* Vietnam Service Medal with three bronze service stars
* AGCM (1st Award)
* MUC 
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      ___________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)                                         AR20150000020



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ABCMR Record of Proceedings (cont)                                         AR20150000020



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