IN THE CASE OF:	  

		BOARD DATE:	  1 October 2015

		DOCKET NUMBER:  AR20150002876 


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 add the Purple Heart (PH).

2.  The applicant states he was issued the PH for wounds he received on 7 May 1968; however it is not included on his DD Form 214.

3.  The applicant provides:

* DD Form 214
* DA Form 20 (Enlisted Qualification Record) (page 4 only)
   
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's military records show he was inducted into the Army of the United States on 12 September 1967.  He was trained in and awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows:

   a.  he served in the Republic of Vietnam (RVN) with Company C,1st Battalion, 502nd Infantry Regiment, from 4 March 1968 to 28 February 1969;
   
	b.  he received all ?excellent? conduct and efficiency ratings at each of his active duty assignments;

   c.  item 40 (Wounds) contains an entry which shows he sustained a gunshot wound to his left buttocks on 7 May 1968; and

   d.  the PH is not included in item 41 (Awards and Decorations).

4.  The applicant's official military personnel file (OMPF) is void of any orders or other documents indicating he was awarded the PH by proper authority while serving on active duty.  It is also void of any derogatory information or a unit commander's disqualification that would have precluded him from receiving the 
First award of the Army Good Conduct Medal AGCM).

5.  His OMPF contains Headquarters, 101st Airborne Division, General Orders Number 5638 dated 8 September 1968, which announced his award of the Army Commendation Medal with “V” Device.  It includes the following citation:

	“Private First Class W_______ [the applicant] and his comrades laid down suppressive fire on the bunker thus keeping the enemy momentarily pinned down.  This enabled the casualty to be evacuated to a secure area.  During this time, Private First Class W_____ and one of his comrades were wounded.  Upon seeing that the casualty had been evacuated, Private First Class W______ and his comrades crawled approximately sixty meters in intense enemy fire to a safe area.”

6.  On 11 September 1969, the applicant was honorably released from active duty by reason of expiration term of service.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he completed 2 years of total active service.

7.  Item 24 of his DD Form 214 shows he earned the following awards:

* Bronze Star Medal
* Army Commendation Medal with Oak Leaf Cluster and “V” Device
* Air Medal
* National Defense Service Medal
* Vietnam Service Medal (VSM) with 2 bronze service stars
* RVN Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M60)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M14 and M16)
* 2 Overseas Service Bars

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.

	a.  Paragraph 2-8 contains the regulatory guidance pertaining to awarding the PH.  It states the PH is awarded to any member who has been wounded or killed in action.  In order to support awarding a member the PH, it is necessary to establish that the wound, for which the award is being made 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 a medical officer and that treatment must have been made a matter of the official record.

	b.  Paragraph 2-13 of the awards regulation contains the regulatory guidance on the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in. Appendix B shows that during the applicant's service in Vietnam, he participated in the following four campaigns:

* 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

   c.  Army Regulation 672-5-1 (Awards) 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.

9.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It confirms that during the applicant’s tenure of assignment in the RVN, his unit was cited for award of the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he is entitled to the PH for being wounded in the RVN. His OMPF contains an official order awarding him the Army Commendation Medal with “V” Device.  This order confirms he was wounded in action under intense enemy fire while rescuing a wounded casualty.  In addition, his DA Form 20 shows he sustained a gunshot wound to his left buttocks on 7 May 1968.  This confirms his wounding in action and corroborates his claim that he was awarded the PH.  Accordingly, the regulatory criteria necessary for award of the PH have been substantiated.  Thus, it would be appropriate to correct his DD Form 214 by adding the PH to this document for his wounds received in action in the RVN on 7 May 1968.

2.  The applicant's record confirms he received all ?excellent? conduct and efficiency ratings during his military service.  Further, his OMPF is void of any derogatory information.  As a result, it would be appropriate to award him the first award of the AGCM for his qualifying period of honorable active duty service from 12 September 1967 to 11 September 1969.

3.  Finally, based on the applicant's service and campaign participation in the RVN, he is also authorized the RVN Gallantry Cross with Palm Unit Citation, RVN Civil Actions Honor Medal First Class Unit Citation, and four bronze service stars to be affixed to his already-awarded VSM instead of the two bronze service stars currently affixed to this award.  Thus, it would also be appropriate to add these awards to his DD Form 214 at this time.

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.  deleting the Vietnam Service Medal with 2 bronze service stars from his DD Form 214;
	
   b.  awarding him the Army Good Conduct Medal (First Award) for his qualifying honorable active duty service from 12 September 1967 to 11 September 1969; and
   
   c.  adding to his DD Form 214 the:
   
* Purple Heart
* Army Good Conduct Medal (First Award)
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class 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)                                         AR20150002876





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ABCMR Record of Proceedings (cont)                                         AR20150002876



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