IN THE CASE OF: BOARD DATE: 19 January 2017 DOCKET NUMBER: AR20150014952 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: 19 January 2017 DOCKET NUMBER: AR20150014952 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 exemplary behavior, efficiency, and fidelity during the period 24 May 1968 through 26 May 1970, 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 one bronze service star * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class 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: 19 January 2017 DOCKET NUMBER: AR20150014952 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 award of the Purple Heart. 2. The applicant states he was awarded the Purple Heart for injuries incurred on 10 December 1968, but this award is not shown on his DD Form 214. It is clearly an administrative error. 3. The applicant provides: * DD Form 214 * DA Form 20 (Enlisted Qualification Record) * DA Form 3349 (Medical Condition – Physical Profile Record) * Standard Form 502 (Clinical Record – Narrative Summary) 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 24 May 1968. He served in Vietnam from 15 November 1968 through 10 December 1968 where he was assigned to Company B, 1st Battalion (Mechanized), 5th Infantry Regiment, 25th Infantry Division. He participated in one campaign during this period. He departed Vietnam on 10 December 1968. 3. His records contain a Western Union telegram, dated 11 December 1968, informing his family that he was wounded in Vietnam on 10 December 1968 as a result of hostile action. The telegram states he received multiple fragment wounds to both legs, right hand, right arm, right side of the chest, fractured proximal phalanax, right thumb. He was on a combat operation when hit by fragments from a hostile booby trap. 4. He provided a clinical record, dated 4 January 1969, showing he was injured in Vietnam on 10 December 1968 by grenade fragments incurred as a result of hostile action. He sustained multiple fragment wounds to his right chest, right upper arm, both legs, and right thumb. 5. Item 38 (Record of Assignments) of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his service. 6. Item 40 (Wounds) of his DA Form 20 shows the entry "MFW: (B) LEGS (R) HAND CHEST [multiple fragment wounds, both legs, right hand, chest]" on 10 December 1968. 7. On 26 May 1970, he was honorably released from active duty. 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) * two overseas service bars * Sharpshooter Marksmanship Qualification Badge with Rifle Bar 9. The Vietnam casualty roster shows he was wounded in action on 10 December 1968. 10. There are no orders for the Purple Heart in his available records. 11. There is no evidence indicating he was awarded the first award of the Army Good Conduct Medal. There also is no evidence of any disciplinary action or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action. Substantiating evidence must be provided to verify 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 award of the Vietnam Service Medal for each campaign a member is credited with participating in. 2. Army Regulation 600-200 (Enlisted Personnel Management System), in effect at the time, stated a brief description of wounds or injuries (including injury from gas) requiring medical treatment received through hostile or enemy action, including those requiring hospitalization, would be entered in item 40 of the DA Form 20. This regulation further stated the date the wound or injury occurred would also be entered in item 40. 3. Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM 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 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. Service school efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 were not disqualifying. There must have been no convictions by a court-martial. 4. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. This pamphlet shows the 1st Battalion, 5th Infantry Regiment, was awarded the: * Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 September 1968 to 30 September 1970 by Department of the Army General Orders Number 5, dated 1973 * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1966 to 21 January 1970 by Department of the Army General Orders Number 9, dated 1979 DISCUSSION: 1. The Western Union telegram, the entry on the Vietnam casualty roster, the entry on his DA Form 20, and the Standard Form 502 showing he was wounded as a result of hostile action in Vietnam on 10 December 1968 confirm his eligibility for the Purple Heart. His DD Form 214 does not show this medal. 2. He participated in one campaign during his service in Vietnam and is authorized one bronze service star with his award of the Vietnam Service Medal. This service star is not shown on his DD Form 214. 3. He completed 2 years and 3 days of active service ending with his release from active duty on 26 May 1970. He received all "excellent" conduct and efficiency ratings and his records contain no adverse information or a commander's disqualification statement for the first award of the Army Good Conduct Medal. He appears to have met the eligibility criteria for the first award of the Army Good Conduct Medal. This award is not shown on his DD Form 214. 4. His Vietnam unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period in which he was assigned. His DD Form 214 does not show these unit awards. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150014952 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150014952 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2