IN THE CASE OF:	  

		BOARD DATE:	  4 August 2015

		DOCKET NUMBER:  AR20150000913 


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 Sates Report of Transfer or Discharge) to show he was awarded the Purple Heart.

2.  The applicant states he received the award but it was omitted from his 
DD Form 214.

3.  The applicant provides a DD Form 214.

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 5 January 1967.
3.  His DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 31 (Foreign Service), he served in Vietnam from 14 January to        19 May 1968;

	b.  item 38 (Record of Assignments), he was assigned to the                      28th Transportation Platoon from 21 January to 4 May 1968;

	c.  item 38, he was in a patient status from 5 to 22 May 1968; and

	d.  item 38, he received all "excellent" conduct and efficiency ratings throughout his period of active service.

4.  There are no orders in his available record that show he was awarded the Purple Heart.

5.  A review of The Adjutant General's Office Vietnam casualty roster shows the applicant's name is listed as a casualty on 5 May 1968, under casualty status code "23."  This casualty code refers to "hostile wounded in action, not serious, hospitalized."

6.  His military record is void of any derogatory information or a unit commander's disqualification that would have precluded him from being awarded the first award of the Army Good Conduct Medal.

7.  He was honorably released from active duty on 20 December 1968 in the rank/grade of specialist four (SP4)/E-4, after completing 1 year, 11 months, and 16 days of total active service with no time lost.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal 
* Marksman Marksmanship Qualification Badge with Rifle Bar

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

	a.  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.

	b.  A bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, the applicant participated in the following three campaigns:

* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)
* Tet Counteroffensive (30 January - 1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April - 30 June 1968)

	c.  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 6 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

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; 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.

10.  Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 
28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show the Purple Heart has been carefully considered.

2.  His name is listed on the Vietnam casualty roster as being wounded as a result of hostile action on 5 May 1968.  Therefore, his DD Form 214 should be corrected to show he was awarded the Purple Heart.

3.  The evidence of record confirms he received all "excellent" conduct and efficiency ratings throughout his active duty service and his record is void of any derogatory information or a commander's disqualification that would have precluded him from being awarded the first award of the Army Good Conduct Medal.  Therefore, he should be awarded the first award of the Army Good Conduct Medal for the period 5 January 1967 through 20 December 1968 and his DD Form 214 should be corrected to show this award.

4.  He participated in three campaigns during his service in Vietnam.  Therefore, he is authorized three bronze service stars for wear on his Vietnam Service Medal and correction of his DD Form 214 to reflect these bronze service stars.

5.  Although he served less than 6 months in Vietnam, the evidence shows he was wounded as a result of hostile action.  Therefore, he is authorized the Republic of Vietnam Campaign Medal with Device (1960) and correction of his DD Form 214 to show this award.

6.  All units that served in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  This unit award should also be added 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 him the Army Good Conduct Medal (1st Award) for the period 
5 January 1967 through 20 December 1968; and

	b.  	amending his DD Form 214 by deleting the Vietnam Service Medal and adding the:

* Purple Heart
* Army Good Conduct Medal 
* Vietnam Service Medal with three bronze service stars 
* Republic of Vietnam Campaign Medal with Device (1960)
* 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)                                         AR20150000913



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20150000913



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1