BOARD DATE: 18 May 2017 DOCKET NUMBER: AR20160000185 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 BOARD DATE: 18 May 2017 DOCKET NUMBER: AR20160000185 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 the Army Good Conduct Medal (1st Award) for the period 25 February 1969 through 30 July 1970. b. Awarding the Combat Infantryman Badge for service on 15 September 1969. c. Deleting from item 22c the entry showing "1/3/0," and replacing it with "0/2/20." d. Deleting the Vietnam Service Medal from his DD Form 214 for the period ending 30 July 1970 and adding the following awards to item 24: * Purple Heart * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with one bronze service star * Combat Infantryman Badge * 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 e. Deleting the dates of Vietnam service in item 30, and replacing them with "27 July 1969 to 16 October 1969" ____________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. BOARD DATE: 18 May 2017 DOCKET NUMBER: AR20160000185 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 award of the Purple Heart. 2. The applicant states, while in Vietnam, he suffered a gunshot wound to his left flank, muscle groups XV and XVII, and a fracture of his iliac crest. He served in Vietnam from "19680727-19691016." 3. The applicant provides: * DA Form 20 (Enlisted Qualification Record) * DA Form 8-275-3 (Clinical Record Cover Sheet), dated 16 October 1969 * Standard Form (SF) 86 (Report of Medical Examination), dated 3 June 1970 * SF 502 (Clinical Record - Narrative Summary), dated 4 June 1970 * DA Form 8-118 (Medical Board Proceedings), dated 11 June 1970 * SG Form 84 (Clinical Record Cover Sheet), dated 30 July 1970 * DD Form 214, ending 30 July 1970 * letter from the Veterans Administration (VA), dated 1 September 1970, with VA Rating Decision, dated 21 August 1970 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 25 February 1969. He held military occupational specialty (MOS) 11B (Light Weapons Infantryman). 3. His DA Form 20 shows in: a. Item 31 (Foreign Service) – Vietnam from 27 July 1969 to on or about 16 October 1969. b. Item 38 (Record of Assignments) – he received ratings of "Excellent" throughout his active service, with one rating of "Unknown," given by the U.S. Army Separation Transfer Point, on 30 June 1970. While in Vietnam, he was assigned to the 1st Battalion, 28th Infantry. He has qualifying service for the Vietnam Summer-Fall 1969 campaign (9 June to 31 October 1969). 4. His records contain multiple medical documents that show he was wounded in action on 15 September 1969. While assigned to Company C, 1st Battalion, 28th Infantry Regiment, and as he walked point (i.e., the lead Soldier on a patrol), he sustained a gunshot wound to his left hip; he was medically evacuated to the continental United States. 5. General Orders (GO) Number 248, dated 16 September 1969, issued by Headquarters, 12th Evacuation Hospital (Semi-Mobile) awarded him the Purple Heart for wounds incurred on 15 September 1969. 6. He was honorably retired on 30 July 1970 due to temporary disability. His DD Form 214 shows he completed 1 year, 5 months, and 6 days of net active creditable service. a. Item 22c (Foreign and/or Sea Service), indicates 1 year and 3 months. b. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbon Awarded or Authorized) lists the National Defense Service Medal, Vietnam Service Medal, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar. c. Item 30 (Remarks), reflects his service in Vietnam as 27 July 1968 [sic, 1969] to 16 October 1969. REFERENCES: 1. Army Regulation (AR) 600-8-22 (Military Awards) prescribes policies and procedures for military awards. a. The Combat Infantryman Badge is awarded to infantry officers, warrant officers, and enlisted Soldiers. There are three requirements for award of the Combat Infantryman Badge: be an Infantryman satisfactorily performing Infantry duties; assigned to an Infantry unit during such time as the unit is engaged in active ground combat; and actively participate in such ground combat; campaign or battle credit alone are not sufficient. 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. 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 c. A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. 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 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. There must have been no convictions by a court-martial. Ratings of “Unknown” for portions of the period under consideration were not disqualifying. 3. Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. a. The 1st Battalion, 28th Infantry Regiment was awarded the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation, from October 1965 to7 April 1970, in DAGO Number 53, dated 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. 4. AR 635-5 (Personnel Separations - Separations Documents), in effect at the time, required item 22c to show the total active duty served outside the continental United States, as well as the last overseas theater in which the service was performed. The remarks section in item 30 was to show the inclusive dates of service in Vietnam for the period covered by the report. DISCUSSION: 1. GO awarded him the Purple Heart for wounds incurred in combat on 15 September 1969. This award is not reflected on his DD Form 214. 2. His service in Vietnam qualifies him for additional awards: a. He appears to be eligible for the Combat Infantryman Badge. * he held MOS 11B and he was assigned to an infantry unit of regimental or smaller size * he was walking point while on patrol when he was wounded, apparently by enemy action (i.e. "personally present and under fire") b. His DD Form 214 lists the award of the Vietnam Service Medal, but it does not show his bronze service star. c. His service, and the fact he was wounded as a result of hostile action, qualifies him for the Republic of Vietnam Campaign Medal with Device (1960). d. His unit in Vietnam was awarded the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his assignment to that unit. 3. He appears to be qualified for the Army Good Conduct Medal (1st Award) for the period 25 February 1969 through 30 July 1970. * he received conduct and efficiency ratings of "Excellent" throughout his military career * there is no record of derogatory information or courts-martial * there is no indication any of his commanders found him to be disqualified for the Army Good Conduct Medal 4. The entries in the foreign service and the remarks sections of his DD Form 214 inaccurately show his service in Vietnam as being from 27 July 1968 to 16 October 1969, a period of 1 year and 3 months. He had not yet entered the Army until 25 February 1969, and, according to his DA Form 20, began his tour in Vietnam on 27 July 1969. He was in Vietnam for a period of 2 months and 20 days. It would be appropriate to administratively correct the dates and period served in Vietnam. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160000185 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160000185 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2