IN THE CASE OF: BOARD DATE: 15 December 2015 DOCKET NUMBER: AR20150005280 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 the following: * Correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the: * National Defense Service Medal * Purple Heart * Combat Infantryman Badge * Vietnam Service Medal * Vietnam Campaign Medal * Expert Marksmanship Qualification Badge with Rifle Bar * Issuance of a DD Form 215 (Correction to DD Form 214) 2. The applicant states his DD Form 214 fails to list these awards. He sustained a gunshot wound (GSW) from hostile enemy forces in Vietnam on 10 May 1969. He sustained severe injuries to his right elbow and the right side of the abdomen (fragmentation wound). He received medical treatment in the service. He was processed through a medical evaluation board (MEB), placed on the temporary disability retired list (TDRL), and discharged. He was awarded the Purple Heart while in the hospital in Vietnam. He received the Purple Heart and certificate in the mail after his discharge. He is aware that the Purple Heart and the other awards were not listed on his DD Form 214. The Purple Heart and certificate are not enough to qualify him for state and federal benefits so he requests issuance of a DD Form 215. 3. The applicant provides copies of the following: * page 4 of his DA Form 20 (Enlisted Qualification Record) * Purple Heart Certificate * Special Orders (SO) Number 147 * Standard Form (SF) 502 (Clinical Record – Narrative Summary) * SF 88 (Report of Medical Examination) * DD Form 214 * Department of Veterans Affairs (VA) Form 07-3101 (Request for Information) * VA Rating Decision * letter from the U.S. Army Human Resources Command (HRC), Combat-Related Special Compensation (CRSC) Division 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 the cases 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. 2. The applicant was inducted into the Army of the United States on 25 March 1968 and he held military occupational specialty 11B (light weapons infantryman). 3. SO Number 115, issued by Headquarters, U.S. Army Training Center, Fort Bliss, TX on 10 May 1968, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14). 4. Headquarters, Fort Polk, LA, issued the following orders on/for: * SO Number 163, 27 June 1968, awarding him the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar (M-60) * SO Number 168, 3 July 1968, awarding him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) 5. He served in Vietnam from 25 February 1969 through 14 May 1969, during one campaign. He was assigned to Company A, 3rd Battalion, 8th Infantry, 4th Infantry Division. 6. He provided copies of the following: * Purple Heart Certificate, dated 11 May 1969, showing he was awarded the Purple Heart for wounds received in action in Vietnam on 10 May 1969 * SO Number 147, issued by the Headquarters, 4th Infantry Division on 27 May 1969, awarding him the Combat Infantryman Badge (1st Award) * SF 502 stating he sustained a GSW in the right elbow on 10 May 1969 and was evacuated to the continental United States on 14 May 1969 7. On 28 July 1969, an MEB convened and found him unfit due to medical conditions as a result of a GSW he received when ambushed by hostile forces in Vietnam on 10 May 1969. He was referred to a Physical Evaluation Board (PEB). 8. On 3 September 1969, an informal PEB convened and found him physically unfit and recommended his placement on the TDRL, with a combined rating of 100 percent (%). He concurred with the findings and recommendations of the PEB and waived his right to a formal hearing. The PEB was approved on the same day. 9. He was honorably retired in the rank/pay grade of sergeant (SGT)/E-5 (temporary) on 26 September 1969, by reason of temporary disability. He was credited with completing 1 year, 6 months, and 2 days of net active service and 3 months and 13 days of foreign service. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbon Awarded or Authorized) of his DD Form 214 lists the entry "None." 10. His DA Form 20 shows in item 38 (Record of Assignments) he received "excellent" conduct and efficiency ratings throughout his period of service. There is no evidence of a commander's disqualification for award of the Army Good Conduct Medal during his period of service. 11. He also provided a copy of a VA Form 07-3101, dated 19 November 1969, in which his service medical records were requested. 12. On 30 September 1971, he was removed from the TDRL and was permanently retired. 13. He further provided copies of the following: * VA Rating Decision stating he underwent a physical examination in January 1973 for service compensation for residuals of a GSW, fragmentation wounds and a skin condition * letter, dated 25 August 2008, in which HRC advised him that he was eligible for a total Purple Heart related disability rating of 80% and a total combat-related disability rating of 90% for his combat-related injuries 14. 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 the first award only, 1 year service entirely during the period 7 December 1941 through 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. There must have been no convictions by a court-marital. 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. 15. Army Regulation 600-8-22 (Military Award) states: a. The National Defense Service Medal is awarded for honorable active service for any period between 27 June 1950 and 27 July 1954, both dates inclusive; between 1 January 1961 and 14 August 1974, both dates inclusive; between 2 August 1990 and 30 November 1995; and from 11 September 2001 to a date to be determined. b. The Vietnam Service Medal is awarded to all members of the Armed Forces of the United States serving in Vietnam and contiguous waters or airspace there over, after 3 July 1965 through 28 March 1973. To qualify for award of the Vietnam Service Medal an individual must be attached to or regularly serve for 1 or more days with an organization participating in or directly supporting military operations. c. The Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of the Republic of Vietnam to members of the United States Armed Forces who had qualified for award of the Vietnam Service Medal and were evacuated prior to completing 6 months of service in Vietnam due to wounds resulting from hostile action. d. Bronze service stars are authorized for wear on the Vietnam Service Medal to denote campaign participation. 16. Department of the Army General Order Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation Palm for service in Vietnam to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 through 28 March 1973. DISCUSSION AND CONCLUSIONS: 1. Notwithstanding the absence of orders authorizing or awarding the applicant the Purple Heart, the evidence confirms he was wounded by hostile forces in Vietnam on 10 May 1969. He is entitled to award of the Purple Heart and its addition to his DD Form 214. 2. SO awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), Sharpshooter Marksmanship Qualification Badge with Machinegun Bar (M-60), Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), and Combat Infantryman Badge during his period of active duty. These awards are not listed on his DD Form 214. 3. He completed a qualifying period of service for award of the National Defense Service Medal, Vietnam Service Medal with one bronze service star, and Vietnam Campaign Medal with Device (1960) during his period of active duty. These awards are not listed on his DD Form 214. 4. He completed 1 year, 6 months, and 2 days of honorable service. He received "excellent" conduct and efficiency ratings throughout his period of service and there is no evidence of a commander's disqualification for award of the Army Good Conduct Medal during his period of service. He attained the rank/pay grade of SGT/E-5 and served in Vietnam earning the Purple Heart. He meets the criteria for award of the Army Good Conduct Medal (1st Award) for his period of service from 25 March 1968 through 25 September 1969 and its addition to his DD Form 214. 5. GO awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of service. His DD Form 214 does not show this unit award. 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: * issuing orders awarding him the Purple Heart for wounds received in action in Vietnam on 10 May 1969 * awarding him the Army Good Conduct Medal (1st Award) for his period of service from 25 March 1968 through 26 September 1969 * adding to item 24 of his DD Form 214 the: * Purple Heart * Army Good Conduct Medal (1st Award) * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * Sharpshooter Marksmanship Qualification Badge with Machinegun Bar (M-60) * Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) * Combat Infantryman Badge * National Defense Service Medal * Vietnam Service Medal with one bronze service star * 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) AR20150005280 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005280 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1