IN THE CASE OF: BOARD DATE: 23 February 2017 DOCKET NUMBER: AR20150015409 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 February 2017 DOCKET NUMBER: AR20150015409 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: * awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 27 October 1965 through 26 October 1967 * adding to his DD Form 214 the: * Purple Heart * Army Good Conduct Medal (1st Award) * Republic of Vietnam Campaign Medal with Device (1960) * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) * Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Caliber) * 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: 23 February 2017 DOCKET NUMBER: AR20150015409 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 the omission was due to a clerical error. 3. The applicant provides his DD Form 214. 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 27 October 1965 and he held military occupational specialty (MOS) 11B (Light Weapons Infantryman). 3. Item 29 (Qualifications in Arms) of his DA Form 20 (Enlisted Qualification Record) shows he qualified with the following weapon systems: M-14 rifle, marksman; Pistol (.45 Caliber), marksman; and M-16 rifle, sharpshooter. 4. He served in Vietnam from 21 November 1966 to on or about 26 April 1967 (5 months and 6 days). He was assigned to Company C, 4th Battalion, 12th Infantry, 199th Infantry Brigade. 5. He was wounded in action on 18 March 1967 by a booby trap grenade fragments. He sustained fragment wounds to the right arm. He was medically evacuated to the 249th General Hospital in Japan and then to Letterman General Hospital in California. 6. Following treatment, he was reassigned to Fort Carson, CO, and on 26 October 1967, he was honorably released from active duty in the rank/grade of specialist four/E-4. His DD Form 214 shows he completed 2 years of active service. He was awarded or authorized the: * National Defense Service Medal * Combat Infantryman Badge * Vietnam Service Medal with bronze service star 7. His name is listed on the Vietnam casualty roster, and his DA Form 20 contains an entry in item 40 (Wounds) relating to his combat wound on 18 March 1967. His records contain multiple medical documents related to his combat injury, including a Clinical Record Cover Sheet, Narrative Summary, and Chronological Records of Medical Care. 8. A Clinical Record Cover Sheet shows General Orders (GO) Number 37 issued by Headquarters, 24th Evacuation Hospital on 19 March 1967 awarded him the Purple Heart for wounds received in action on 18 March 1967. 9. A review of his service record shows no derogatory information that would disqualify him for the first award of the Army Good Conduct Medal. Furthermore, item 38 (Record of Assignments) of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his military service (except while enroute between stations or while a patient, when he received an unknown dating). 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. Appendix B shows during his service in Vietnam, campaign participation credit was awarded for the below campaigns. This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. He participated in the Vietnam Counteroffensive Phase (1 July 1966 - 31 May 1967) campaign. c. 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. Also eligible for this award are individuals who qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and served for less than six months of service but: * were wounded as a result of hostile action * were captured by hostile forces but later escaped or were rescued or released * were killed in action or otherwise in line of duty 2. Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service. This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service. The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial 3. Department of the Army (DA) Pamphlet 672-3 (Unit Citations and Campaign Participation Credit) shows during his service with the 4th Battalion, 12 Infantry Regiment from 21 November 1966 to 26 April 1967, in Vietnam, this unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation, for service from 12 December 1966 to 31 August 1970, by DAGO Number 51, dated 1971. 4. DAGO 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. GO 37 awarded the applicant the Purple Heart for wounds received in action on 18 March 1967. His DD Form 214 omitted this award. 2. He was wounded in action and medically evacuated from theater prior to competing 6 months of service in Vietnam. He qualifies for award of the Republic of Vietnam Campaign Medal with Device (1960). 3. DAGO awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. None of these unit awards is shown on his DD Form 214. 4. He qualified with several weapon systems and earned the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Caliber), and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16). His DD Form 214 omitted these badges. 5. He meets the criteria for award of the Army Good Conduct Medal (1st Award) in that: * he served honorably from 27 October 1965 to 26 October 1967, completing 2 years of active service * he served in Vietnam, attained the rank/grade of SP4/E-4, was wounded in action, and he received all "excellent" efficiency and conduct ratings throughout his military service (except while enroute between stations or in a patient status) * his record contain no derogatory information that would have disqualified him from receiving the first award of the Army Good Conduct Medal //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150015409 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150015409 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2