IN THE CASE OF:	  

		BOARD DATE:	  11 August 2015

		DOCKET NUMBER:  AR20150000284 


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 the following awards be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with a separation date of 9 January 1967:

* Purple Heart
* Marksman Marksmanship Qualification Badge with Rifle Bar

2.  The applicant states he was awarded the Purple Heart for wounds received in action on 14 October 1965 in the Republic of Vietnam.

3.  The applicant provides:

* DD Form 214
* Purple Heart Certificate, dated 25 October 1965
* DD Form 1577 (Authorization for Issuance of Awards), dated 27 May 1992
* Purple Heart Certificate, dated 27 May 1992
* DD Form 149 (Application for Correction of Military or Naval Record), dated 14 December 1992

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.  On 7 January 1965, he was inducted into the Army of the United States.  

3.  Headquarters, 1st Training Brigade, U.S. Army Training Center, Infantry, 
Fort Jackson, SC, Special Orders Number 45, dated 4 March 1965, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar.

4.  He was assigned to the 8th Engineer Battalion from 16 July 1965-31 July 1966 in the Republic of Vietnam.  He participated in three campaigns.

5.  Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) shows he received a shrapnel wound to his lower lip on 14 October 1965.  A portion of this entry "Sprained Ankle" is lined out.

6.  The Vietnam casualty listing shows him as non-hostile wounded/ill/injured: special category with a date of casualty of 14 October 1965.

7.  On 9 January 1967, he was released from active duty.  He completed 3 years of active service that was characterized as honorable.  He had 3 days of time lost.  His DD Form 214 shows he was awarded the:

* Parachutist Badge
* National Defense Service Medal
* “Vietnam Commendation Medal” (should read Republic of Vietnam Campaign Medal with Device (1960))
* Vietnam Service Medal

8.  He provided two certificates, dated 25 October 1965 and 27 May 1992, showing he was awarded the Purple Heart for wounds received on 14 October 1965 in the Republic of Vietnam.  A DA Form 1577, dated 27 May 1992, from the Army Reserve Personnel Center, St. Louis, MO, authorized the issuance of the Purple Heart.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems awarded during the Vietnam Conflict.  The 8th Engineer Battalion was awarded the:

* Presidential Unit Citation (Army) - 23 October-26 November 1965
* Meritorious Unit Commendation (Army) - October 1965-August 1966
* Republic of Vietnam Gallantry Cross with Palm Unit Citation - 9 August 1965-19 May 1969

10.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of the Republic of Vietnam to all members of the Armed Forces of the United States for qualifying service in Republic of Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in the Republic of Vietnam for 6 months or more.  

	b.  The award of a bronze service star is authorized based on qualifying service for each campaign listed in Table B-1 (Campaigns, Service Requirements, and Inscriptions Prescribed for Streamers).  Authorized service stars will be worn on the appropriate campaign medal, including the Vietnam Service Medal.

11.  Army Regulation 600-200 (Enlisted Personnel Management System), in effect at the time, stated a brief description of wounds or injuries (including injury from gas) requiring medical treatment received through hostile or enemy action, including those requiring hospitalization, would be entered in item 40 of the DA Form 20.  This regulation further stated the date the wound or injury occurred would also be entered in item 40.

DISCUSSION AND CONCLUSIONS:

1.  The Vietnam casualty listing shows he received a non-hostile wound on 
14 October 1965.  

2.  Item 40 of his DA Form 20 shows he received a shrapnel wound to his lower lip on 14 October 1965.  The DA Form 20 is a record of his history in the Army and wounds should not be entered on this document without orders or a casualty report.  Certificates, dated 25 October 1965 and 27 May 1992 show he was awarded the Purple Heart for wounds received on 14 October 1965 in the Republic of Vietnam.  A DA Form 1577, dated 27 May 1992, from the Army Reserve Personnel Center authorized the issuance of the Purple Heart.

3.  The preponderance of evidence shows he was awarded the Purple Heart for wounds received in action on 14 October 1965 in the Republic of Vietnam.

4.  He participated in three campaigns while in the Republic of Vietnam.

5.  Orders show he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar.

6.  He was assigned to the 8th Engineer Battalion during the period the unit was awarded the:

* Presidential Unit Citation (Army)
* Meritorious Unit Commendation (Army) 
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

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 amending his DD Form 214 with a separation date of 9 January 1967 by deleting the Vietnam Service Medal and “Vietnam Commendation Medal” and adding the:

* Purple Heart
* Vietnam Service Medal with three bronze service stars 
* Republic of Vietnam Campaign Medal with Device (1960)
* Presidential Unit Citation (Army)
* Meritorious Unit Commendation (Army) 
* 
Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Marksman Marksmanship Qualification Badge with Rifle 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)                                         AR20150000284





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ABCMR Record of Proceedings (cont)                                         AR20150000284



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