IN THE CASE OF: BOARD DATE: 23 June 2016 DOCKET NUMBER: AR20150011632 BOARD VOTE: ____X____ ___X_____ ___X_____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 23 June 2016 DOCKET NUMBER: AR20150011632 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 Purple Heart for wounds received in action on 24 January 1969, and the Army Good Conduct Medal (1st Award) for honorable active service from 14 March 1968 to 20 October 1969; b. amending his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) by deleting the Bronze Star Medal and the Vietnam Service Medal and adding the: * Purple Heart * Bronze Star Medal with "V" Device * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with two bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * Marksman Marksmanship Qualification Badge with Automatic Rifle Bar (M-16) * Marksman Marksmanship Qualification Badge with Machinegun Bar (M-60) ____________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. IN THE CASE OF: BOARD DATE: 23 June 2016 DOCKET NUMBER: AR20150011632 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 received the Purple Heart when he was wounded on 24 January 1969; however, the award is not shown on his DD Form 214. He was engaged in a firefight and he also received the Bronze Star Medal. He was eventually retired for permanent disability. 3. The applicant provides a Western Union Telegram and a Purple Heart Certificate. 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 into the Army of the United States on 14 March 1968. 3. Special Orders Number 89, issued by the 2nd Basic Combat Training Brigade, Fort Jackson, South Carolina, on 7 May 1968, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14). 4. Special Orders Numbers 103 and 107, issued by Headquarters, 3rd Advanced Individual Training Brigade, Fort Jackson, on 18 and 24 June 1968 respectively, awarded him the Marksman Marksmanship Qualification Badge with Automatic Rifle Bar (M-16) and Machinegun Bar (M-60). 5. His DA Form 20 (Enlisted Qualification Record) shows in: a. item 38 (Record of Assignments), he was assigned to the 2nd Battalion, 14th Infantry Regiment, in Vietnam from 20 August 1968 to 20 February 1969; b. item 38, he was reassigned to the Medical Holding Company, Fort Dix, New Jersey on 21 February 1969. c. item 38, he received excellent conduct and efficiency ratings during basic combat training. His conduct and efficiency ratings were not recorded throughout the remainder of his active service; and d. item 40 (Wounds) he received a gunshot wound to his right hand on 24 January 1969. 6. General Orders Number 3286, issued by Headquarters, 25th Infantry Division, on 15 March 1969, awarded him the Bronze Star Medal with "V" Device for heroism in connection with military operations against a hostile force on 24 January 1969. 7. The applicant was permanently retired due to physical disability on 20 October 1969 in the rank of specialist four. His DD Form 214 shows he completed 1 year, 7 months, and 7 days of total active service and that he was awarded or authorized the Bronze Star Medal, National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), and the Combat Infantryman Badge. 8. His military record is void of any derogatory information or a unit commander's disqualification statement that would have precluded him from being awarded the Army Good Conduct Medal. 9. The applicant provides a Purple Heart Certificate that shows he was awarded the Purple Heart on 25 January 1969 for wounds sustained on 24 January 1969. 10. He also provides a Western Union telegram that confirms he was wounded in action on 24 January 1969. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states: a. 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. b. A bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in. Appendix B of this regulation shows that during his service in Vietnam, he participated in the following two campaigns: * Vietnam Counteroffensive Phase V (1 July – 1 November 1968) * Vietnam Counteroffensive Phase VI (2 November 1968 – 22 February 1969) 2. 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 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. Ratings of "Unknown" for portions of the period under consideration were not disqualifying. 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. 3. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units that served in Vietnam. This pamphlet shows that during his assignment to the 2nd Battalion, 14th Infantry Regiment, the unit was cited in general orders for the: * Republic of Vietnam Gallantry Cross with Palm Unit Citation for service during the period 1 September 1968 to 30 September 1970 * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service during the period 20 April 1966 to 21 January 1970 DISCUSSION: 1. The evidence of record clearly shows the applicant was wounded on 24 January 1969 as a result of hostile action; however, there are no orders in his available records that awarded him the Purple Heart for such wounds and the award was not recorded on his DD Form 214. 2. The evidence also shows he was awarded the Bronze Star Medal with "V" Device for heroism in connection with military operations against a hostile force on 24 January 1969; however, his DD Form 214 shows only the Bronze Star Medal without the “V” Device. 3. The applicant received "excellent" conduct and efficiency ratings during basic combat training. Although his conduct and efficiency ratings were not recorded during most of his active duty service, the governing regulation at the time provided that periods of "unknown" ratings were not disqualifying. In addition, his record is void of any derogatory information or a commander's disqualification that would have precluded him from being awarded the first award of the Army Good Conduct Medal. Based on the available evidence, he met the criteria for the first award of the Army Good Conduct Medal for the period 14 March 1968 to 20 October 1969. 4. The applicant participated in two campaigns during his service in Vietnam; however, his DD Form 214 shows the Vietnam Service Medal without the corresponding bronze service stars to denote campaign participation. 5. His unit of assignment during his service in Vietnam was cited in general orders for the Republic of Vietnam Gallantry Cross with Palm Unit Citation and for the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. These unit awards are not shown on his DD Form 214. 6. Special orders show he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), Marksman Marksmanship Qualification Badge with Automatic Rifle Bar (M-16), and the Marksman Marksmanship Qualification Badge with Machinegun Bar (M-60). These qualification badges are not shown on his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150011632 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150011632 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2