IN THE CASE OF:	  

		BOARD DATE:	  27 August 2015

		DOCKET NUMBER:  AR20150001103 


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.  He states that he received the Purple Heart while in the hospital in Japan in 1966.

3.  He provides no additional evidence.

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 26 October 1965 and served in military occupational specialty 11B (Light Weapons Infantryman).
3.  His DA Form 20 (Enlisted Qualification Record) shows in:

* Item 31 (Foreign Service) he was credited with service in Vietnam from 
2 August to 31 December 1966
* Item 38 (Record of Assignments) he was assigned to Company B,          5th Battalion, 7th Cavalry, 1st Cavalry Division (Airmobile), from 2 August to 30 November 1966
* Item 38 he received all "excellent" conduct and efficiency ratings
* Item 40 (Wounds) he received fragment wounds to his right arm and left foot on 14 November 1966

4.  He was honorably released from active duty on 25 October 1967.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal (VSM)
* Expert Marksmanship Qualification Badge with Rifle Bar

5.  His official military personnel file is void of documentation showing he was awarded the Purple Heart.

6.  The Vietnam Casualty Roster shows he was wounded as a result of hostile action on 14 November 1966.  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 Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal Purple Heart orders pertaining to the applicant.

7.  Army Regulation 600-200 (Enlisted Personnel Management System), chapter 9 of the version 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 placed in item 40.

8.  A review of the available records indicates entitlement to additional awards not shown on his DD Form 214.

9.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal (AGCM) was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 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.  There must have been no convictions by a court-martial.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

10.  His record is void of documentation showing he was the subject of any disciplinary actions or that he received a commander's disqualification for award of the AGCM.

11.  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 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.  The Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  U.S. Army Vietnam Regulation 672-1 (Awards and Decorations) provided for award of the Combat Infantryman Badge to infantry personnel who were members of infantry platoons and squads in armored cavalry squadrons and regiments.

	c.  A bronze service star is awarded for wear on the Vietnam Service Medal for participation in each campaign.  Appendix B lists campaign participation credits and shows his service in Vietnam coincides with the Vietnam Counteroffensive Phase II campaign (1 July 1966 – 31 May 1967).

	d.  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 and served for less than 6 months of service but were wounded as a result of hostile action.
 
12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  His record shows he was wounded by hostile action on 14 November 1966, and the wounds were recorded on his DA Form 20 indicating they required medical treatment.  Further, his named is listed on the Vietnam Casualty Roster as being wounded on this same day.  Therefore, he is entitled to correction of his DD Form 214 to show award of the Purple Heart.

2.  The applicant was awarded an infantry MOS and was wounded in action on 14 November 1966.  Although he was assigned to a cavalry regiment at the time, he was a member of Company B, 5th Battalion, which indicates he was a member of an infantry platoon or squad.  Therefore, he is entitled to the Combat Infantryman Badge and correction of his DD Form 214 to show this badge.

3.  He was awarded the VSM and he participated in one campaign while serving in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show one bronze service star for wear on the already-awarded VSM.

4.  He was assigned to a unit in Vietnam during a period for which it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

5.  He received "excellent" conduct and efficiency ratings throughout his service and there is no record of a commander's disqualification for award of the AGCM.  Therefore, it would be appropriate to award him the AGCM (1st Award) based on completion of a qualifying period of active Federal service from 26 October 1965 to 25 October 1967 and to correct his DD Form 214 to show this award.

6.  He met the criteria for award of the Republic of Vietnam Campaign Medal with Device (1960). Therefore, he is entitled to correction of his DD Form 214 to show this award.

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:

* Purple Heart for wounds he received in action on 14 November 1966
* Combat Infantryman Badge for action on 14 November 1966
* AGCM (1st Award) for the period 26 October 1965 through 25 October 1967

	b.  deleting the VSM from his DD Form 214; and

	c.  adding the following awards to his DD Form 214:

* Purple Heart
* Combat Infantryman Badge
* AGCM (1st Award)
* Republic of Vietnam Campaign Medal with Device (1960)
* VSM with one bronze service star
* 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)                                         AR20150001103



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ABCMR Record of Proceedings (cont)                                         AR20150001103



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