IN THE CASE OF: BOARD DATE: 22 December 2016 DOCKET NUMBER: AR20150014307 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: 22 December 2016 DOCKET NUMBER: AR20150014307 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 19 April 1966 through 18 April 1968, and b. amending his DD Form 214 for the period ending 18 April 1968 as follows: (1) delete the Vietnam Service Medal, (2) add the following awards: * Purple Heart * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with one bronze service star * Republic of Vietnam Campaign Medal with Device (1960) * Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation * 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. IN THE CASE OF: BOARD DATE: 22 December 2016 DOCKET NUMBER: AR20150014307 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) by adding an already-awarded Purple Heart. 2. The applicant states, in effect, he was awarded the Purple Heart for wounds incurred during his service in Vietnam. The Army failed to properly record the General Order (GO) that gave him this award. 3. The applicant provides his DD Form 214, ending 18 April 1968 and GO Number 42, dated 30 March 1967. 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 19 April 1966. 3. He served in Vietnam from on or about 12 December 1966 to on or about 8 May 1967 (4 months and 27 days). While in Vietnam, he was assigned to the 3rd Battalion, 39th Infantry Regiment, 9th Infantry Division, from on or about 12 December 1966 to on or about 5 April 1967. He served in one campaign: Vietnam Counteroffensive, Phase II (1 July 1966 to 31 May 1967). 4. The applicant provides GO Number 42, dated 30 March 1967, issued by the 24th Evacuation Hospital (Semimobile), reflecting his award of the Purple Heart for wounds sustained on 29 March 1967. 5. He was honorably released from active duty on 18 April 1968. His DD Form 214 shows he completed 2 years of net active creditable service. His rank/grade was specialist five (SP5)/E-5. He was awarded or authorized National Defense Service Medal, the Vietnam Service Medal, the Combat Infantryman Badge, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar. 6. His available service record contains a DA Form 20 (Enlisted Qualification Report) that indicates his conduct and efficiency was "Excellent" throughout his active service. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes policies and procedures for military awards. a. A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. b. The Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973. Qualifying service included assignment in Vietnam for 6 months or more. Soldiers who are qualified for award of the Vietnam Service Medal are also eligible with less than six months of service if they were wounded due to hostile action. 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. There must have been no convictions by a court-martial. 3. DA Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. a. The 3rd Battalion, 39th Infantry Regiment was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, by Department of the Army GO (DAGO) Number 59, 1969, as amended by DAGO 42, 1970. b. All units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation as confirmed by DAGO Number 8, dated 1974. DISCUSSION: 1. GO awarded him the Purple Heart. Additionally, he has qualifying service for one bronze service star to be added to his already-awarded Vietnam Service Medal, and is eligible for the Republic of Vietnam Campaign Medal with Device (1960). None of these awards are reflected on his DD Form 214. 2. His unit of assignment while in Vietnam received two unit awards: Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation. These are not reflected on his DD Form 214. 3 He appears to have met the criteria for the award of the Army Good Conduct Medal (1st Award) for the period 19 April 1966 through 18 April 1968. His records revealed the following: * there is no derogatory information in his available record * he received all "excellent" ratings for conduct and efficiency throughout his term of service * the award of the Combat Infantryman Badge requires satisfactory service as an Infantryman * he was promoted to SP5/E-5 within 2 years of service //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150014307 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150014307 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2