IN THE CASE OF: BOARD DATE: 30 January 2014 DOCKET NUMBER: AR20130009436 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 that his DD Form 214 (Armed Forces of the United States Report of transfer or Discharge) be corrected to show all of his authorized awards to include the Purple Heart, Republic of Vietnam Gallantry Cross with Palm Unit Citation, weapons qualification badges, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. 2. The applicant states, in effect, that he should have been awarded the Purple Heart for phosphorous burns and/or explosions that occurred in Vietnam. Additionally, his DD Form 214 does not reflect all of the awards he is entitled to receive. 3. The applicant provides a copy of his 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 on 23 November 1965. He completed basic training at Fort Polk, Louisiana and advanced individual training as an automotive repairer at Fort Sill, Oklahoma and remained assigned there for his first assignment. 3. On 13 December 1966, he was transferred to Vietnam for assignment to Company D, 701st Maintenance Battalion, 1st Infantry Division. He was promoted to the pay grade of E-5 on 8 February 1967. 4. He served in two campaigns and departed Vietnam on 26 August 1967 and was transferred to Oakland Army Base, California where he was honorably released from active duty (REFRAD) as an overseas returnee that date. He had served 1 year, 9 months, and 5 days of active service and his DD Form 214 issued at the time of REFRAD shows that he was awarded the Vietnam Service Medal, Vietnam Campaign Medal, National Defense Service Medal, and the Mechanic Badge. 5. A review of the applicant's official records failed to show any evidence that he was wounded/injured or being treated for any such wounds or injuries. Additionally, his name is not contained on the Vietnam Casualty Listing. 6. However, his records do show that he had “excellent” conduct and efficiency ratings throughout his service and do not contain derogatory information that would serve to disqualify him for award of the Army Good Conduct Medal (AGCM). Additionally, he qualified as a sharpshooter with the M-14 Rifle. 7. Army Regulation 600-8-22 (Military Awards) states 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. 8. Army Regulation 600-8-22 states the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service. 9. Army Regulation 600-8-22 states a bronze service star, based on qualifying service for each campaign listed in appendix B will be worn on the appropriate service medal. 10. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict. It shows the applicant's unit(s) was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Meritorious Unit Commendation (MUC) during the period he served with the unit. DISCUSSION AND CONCLUSIONS: 1. The applicant’s contention that he should be awarded the Purple Heart has been noted and appears to lack merit because he has failed to show through the evidence of record and the evidence submitted with his application that he sustained wounds/injuries that were the result of enemy action and that treatment for such wounds/injuries was made a matter of record. 2. The Board is not an investigative body and, therefore, the responsibility lies with the applicant to provide evidence to support his case. 3. However, after carefully examining the applicant’s record of service, it appears that the applicant should have received the first award of the AGCM for his service from 23 November 1965 through 27 August 1967. This conclusion is based on the fact that the record is void of any derogatory information which would preclude the applicant from being awarded the AGCM and the lack of any specific action by the applicant’s unit commander to disqualify him from receiving this award. 4. The evidence suggests that the applicant not receiving the AGCM was likely the result of an administrative error as opposed to it being the result of a conscious disqualification by any of his unit commanders. Therefore, in the interest of justice, this error should be corrected and the applicant should be awarded the AGCM at this time. 5. Additionally, the applicant was awarded the Sharpshooter Marksmanship Badge with Rifle Bar and his unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the MUC during the period he served with the unit. He also served in two campaigns and is authorized to wear two bronze service stars on his already awarded Vietnam Service Medal. Accordingly, he is entitled to have those awards added to his DD Form 214 at this time. 6. There is no evidence to show his unit was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ____X___ ____X___ ___X__ _ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * deleting the Vietnam Service Medal from his DD Form 214 * awarding him the AGCM (1st Award) for the period 23 November 1965 through 27 August 1967 * adding to his DD Form 214 the Vietnam Service Medal with two bronze service stars, AGCM (1st Award), Republic of Vietnam Gallantry Cross with Palm Unit Citation, MUC, and the Sharpshooter Marksmanship Badge with Rifle Bar 2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to awarding him the Purple Heart or adding to his DD Form 214 the 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) AR20130009436 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20130009436 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1