BOARD DATE: 14 January 2016 DOCKET NUMBER: AR20150006098 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 the Purple Heart. 2. The applicant states he was wounded in Vietnam on 20 March 1968 by an enemy mortar shell. 3. The applicant provides: * letter from a medic during the time in question, dated 15 January 2015 * DA Form 20 (Enlisted Qualification Record) 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 enlisted in the Regular Army on 8 February 1966 for a period of 3 years. 3. Item 31 (Foreign Service) of his DA Form 20 shows he served in Vietnam from 5 December 1967 to 21 August 1968. He participated in four campaigns during his assignment in Vietnam. 4. Item 40 (Wounds) of his DA Form 20 shows he received a fragmentation wound of his right ankle on 20 March 1968. 5. Headquarters, 22nd Surgical Hospital (Mobile Army), General Orders Number 2, dated 14 April 1968, awarded him the Purple Heart for a wound received in action in the Pacific theater on 20 March 1968. 6. His records contain a DA Form 137 (Installation Clearance Record), dated 23 October 1968, showing his conduct rating was "excellent" and he was recommended for award of the Army Good Conduct Medal. 7. On 24 October 1968, he was honorably released from active duty in the rank of specialist five after completing 2 years, 8 months, and 17 days of creditable service with no lost time. 8. His DD Form 214 shows he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * one overseas service bar 9. There are no orders for the Army Good Conduct Medal in his records. 10. He provided a letter from a medic during the time in question, dated 15 January 2015, who states their hospital was attacked by enemy mortar fire on 20 March 1968 and the applicant was wounded in his ankle. 11. 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, 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. 12. Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the Vietnam Service Medal for each credited campaign. 13. Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973. DISCUSSION AND CONCLUSIONS: 1. Orders show the applicant was awarded the Purple Heart for a wound received in action in the Pacific theater on 20 March 1968. His DD Form 214 does not show this award. 2. He was honorably released from active duty in the temporary rank of specialist five with 32 months of total active service and no lost time. In October 1968, his conduct was rated "excellent" and he was recommended for award of the Army Good Conduct Medal. It appears he met the eligibility criteria for award of the Army Good Conduct Medal (1st Award) for the period 8 February 1966 through 24 October 1968 based on completion of a period of qualifying service ending with the termination of a period of Federal military service. He should be awarded the Army Good Conduct Medal (1st Award) and his DD Form 214 should be corrected to show this award. 3. He participated in four campaigns during his assignment in Vietnam which authorizes four bronze service stars with his already-awarded Vietnam Service Medal. His DD Form 214 should be corrected to show these bronze service stars. 4. The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam. The applicant served in Vietnam during a qualifying period. Therefore, he is also entitled to correction of his DD Form 214 to 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 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. awarding him the Army Good Conduct Medal (1st Award) for the period 8 February 1966 through 24 October 1968, b. deleting award of the Vietnam Service Medal from his DD Form 214, and c. adding the following awards to his DD Form 214: * Purple Heart * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with four bronze service stars * 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) AR20150006098 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150006098 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1