IN THE CASE OF:	  

		BOARD DATE:	  29 October 2015

		DOCKET NUMBER:  AR20150002719 


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 award of the Purple Heart (PH).

2.  The applicant states his DD Form 214 does not reflect that he received a PH; however, his medical records show that he received facial wounds during combat operations on 23 August 1968. 

3.  The applicant provides:

* DD Form 214
* VA Form 3101 (Request for Information)
* four letters of support 

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                   29 June 1967. He completed training and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  The highest rank/grade he attained while serving on active duty was specialist (SP4)/E-4.

3.  His DA Form 20 (Enlisted Qualification Record) contains the following pertinent information:

     a.  Item 29 (Qualification in Arms) shows, in part, Expert Marksmanship Qualification Badge with Mortar Bar and Marksman Marksmanship Qualification Badge with Rifle Bar (M-14). 

	b.  Item 31 (Foreign Service) shows he served a tour of duty in the Republic of Vietnam (RVN) beginning on 4 December 1967.

	c.  Item 38 (Record of Assignments) shows that during the period                    11 December 1967 through 25 November 1968, he served with Company D,     4th Battalion, 31st Infantry, 196th Infantry Brigade in the RVN.  He received all "excellent" conduct and efficiency ratings throughout his military service. 

     d.  Item 40 (Wounds) shows he sustained wounds to the face on                   23 August 1968.

4.  General Orders (GO) 8678, issued by Headquarters, Americal Division, dated 14 November 1968, awarded him the Army Commendation Medal (ARCOM) for meritorious service in connection with military operations against a hostile force.
    
5.  On 27 June 1969, he was honorably released from active duty after completing 1 year, 11 months and 29 days of creditable active service.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Combat Infantryman Badge
* Vietnam Service Medal (VSM) with two bronze service stars
* RVN Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge with Rifle Bar
* Marksman Marksmanship Qualification Badge with Pistol Bar

6.  His records are void of orders showing award of the PH or the Army Good Conduct Medal (AGCM).  
7.  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 U.S. Army Human Resources Command, failed to reveal orders for the PH or the AGCM pertaining to the applicant.

8.  His record is void of documentation showing he was the subject of any disciplinary action during his active duty service.

9.  A review of his record indicates he is entitled to additional awards not listed on his DD Form 214.

10.  Army Regulation 600-8-22 (Military Awards) provides that the PH is awarded for a wound sustained 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.

11.  Army Regulation 600-200, chapter 9 of the version in effect at the time, stated, in pertinent part, that 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 (wounds) of the DA Form 20.  This regulation further stated that the date the wound or injury occurred would also be placed in item 40.

12.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the 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.  Service school efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 were not disqualifying.  There must have been no convictions by a court-martial.  

13.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon, to include the VSM, for each credited campaign.  A silver service star is authorized in lieu of five bronze service stars.  The Vietnam campaigns are listed in appendix B.  His service in Vietnam coincided with five 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)
* Vietnam Counteroffensive Phase V (1 July - 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  The pamphlet shows 4th Battalion, 31st Infantry was cited for award of the Valorous Unit Award (VUA) for the period 15 November 1967 through           3 February 1968, by Department of the Army General Order (DAGO) 5, dated 1969.

15.  DAGO Number 8, dated 1974, announced award of the RVN Gallantry Cross with Palm Unit Citation to the following units:

	a.  Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973.

	b.  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 DA Form 20 shows that he received wounds to the face on   23 August 1968.  The evidence supports awarding him the Purple Heart and adding it to his DD Form 214.

2.  GO awarded him the ARCOM, which is not listed on his DD Form 214.  

3.  His conduct and efficiency ratings were "excellent," and he was promoted to SP4/E-4.  There is no evidence of misconduct in his record.  It appears he was not awarded the AGCM as the result of an administrative oversight.

4.  He was awarded the VSM and he participated in five campaigns.  The associated silver service star is not listed on his DD Form 214.

5.  He served in Vietnam during a period for which all U.S. Army units were awarded the RVN Gallantry Cross with Palm Unit Citation.  He also served during a period for which his unit was cited for award of VUA.

6.  He was awarded the Expert Marksmanship Qualification Badge with Mortar Bar and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), which are not listed on 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 PH for wounds received in action on 23 August 1968; 

     b.  awarding him the AGCM (1st Award) for the period 29 June 1967 through 27 June 1969; and

     c.  correcting his DD Form 214 by deleting the VSM and adding the – 

* PH
* AGCM (1st Award)
* ARCOM
* VSM with one silver service star
* RVN Gallantry Cross with Palm Unit Citation
* VUA
* Expert Marksmanship Qualification Badge with Mortar Bar 
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)



      _______ _   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)                                         AR20150002719





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ABCMR Record of Proceedings (cont)                                         AR20150002719



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