BOARD DATE: 7 January 2016 DOCKET NUMBER: AR20150005820 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 award of the Purple Heart. 2. The applicant states he was wounded in the chest in Vietnam. He recently discovered he could request the above award. 3. The applicant provides copies of the following: * Page 2 of his Standard Form (SF) 89 (Report of Medical History) * Department of Veterans Affairs (VA) Rating Decision 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 June 1968 and he held military occupation specialty 11D (Armor Intelligence Specialist). 3. He served in Vietnam from 13 December 1968 through 12 December 1969, during three campaigns. He was assigned to Troop F, 2nd Squadron, 11th Armored Cavalry Regiment. 4. A Western Union Telegram, dated 22 May 1969, advised the applicant's parents that he was slightly wounded in Vietnam on 19 May 1969 as a result of an encounter with hostile forces. 5. General Orders (GO) Number 4437, issued by Headquarters, II Field Force Vietnam on 1 December 1969, awarded him the Army Commendation Medal for meritorious service in connection with military operations against a hostile force from January through December 1969. 6. An SF 88 (Report of Medical Examination) shows he underwent a physical examination for the purpose of his expiration of term of service. The form indicated he had a scar on his chest and he was found qualified for separation. 7. An SF 89 shows he sustained a wound to his chest on 19 May 1969 as a result of enemy contact. 8. He was honorably released from active duty in the rank/pay grade of sergeant (SGT)/E-5 on 24 June 1970. He was credited with completing 2 years of net active service. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) lists the: * National Defense Service Medal * Vietnam Campaign Medal * Vietnam Service Medal * Combat Infantryman Badge * Marksman Marksmanship Qualification Badge with Rifle Bar 9. His DA Form 20 (Enlisted Qualification Record) shows in: * Item 38 (Record of Assignments) – he received "unknown" conduct and efficiency ratings while in a student status from 28 October through November 1968 and "excellent" conduct and efficiency ratings throughout his other periods of service; there is no evidence of a commander's disqualification for award of the Army Good Conduct Medal during his period of service * Item 41 (Awards and Decorations) – all the awards listed on this DD Form 214 and: * Marksman Marksmanship Qualification Badge with Rifle (M-14) and Grenade Bars * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) * Expert Marksman Marksmanship Qualification Badge with Machine Gun (M-60) Bar 10. He provided a copy of his VA Rating Decision, dated 23 September 2008, in which he was awarded a 10 percent service-connected rating for residuals of a gunshot wound to his chest. The rating stated a review of his service treatment records showed he sustained a gunshot wound to his chest in May 1969. 11. Army Regulation 600-8-22 (Military Awards) states: a. The Purple Heart is awarded for a wound sustained as a result of enemy 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. Pertaining to the Purple Heart the regulation also states: b. A bronze star is authorized for wear on the Vietnam Service Medal to denote campaign participation. 12. 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-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. 13. DA Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows his unit Troop F, 2nd Squadron, 11th Armored Calvary Regiment, was cited for award of the Valorous Unit Award for the period 19 to 20 June 1969, by DAGO Number 53, dated 1970. 14. DAGO 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 19 May 1969. He is entitled to award of the Purple Heart and its addition to his DD Form 214. 2. GO awarded him the Army Commendation Medal during his period of service. His DD Form 214 does not list this award. 3. He completed 2 years of honorable service. He received "excellent" conduct and efficiency ratings throughout his periods of service when he wasn't in a student status. 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 June 1968 through 24 June 1970 and its addition to his DD Form 214. 4. SO awarded him the Marksman Marksmanship Qualification Badge with Grenade Bar, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), and Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60) during his period of service. His DD Form 214 does not list these badges. 5. He participated in three campaigns in Vietnam and he is authorized three bronze service stars to be added to his already-awarded Vietnam Service Medal. His DD Form 214 does not list these service stars. 6. GO awarded his unit the Valorous Unit Award and Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of service in Vietnam. His DD Form 214 does not list these awards. 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: * awarding him the Purple Heart for wounds received in action in Vietnam on 19 May 1969 * awarding him the Army Good Conduct Medal (1st Award) for his period of service from 25 June 1968 through 24 June 1970 * deleting from his DD Form 214 the Vietnam Service Medal * adding to his DD Form 214: * Purple Heart * Army Good Conduct Medal (1st Award) * Army Commendation Medal * Marksman Marksmanship Qualification Badge with Grenade Bar * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) * Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60 * Vietnam Service Medal with three bronze service stars * Valorous Unit Award * 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) AR20150005820 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005820 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1