BOARD DATE: 24 August 2017 DOCKET NUMBER: AR20160001271 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: 24 August 2017 DOCKET NUMBER: AR20160001271 BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was 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 Combat Infantryman Badge for participation in ground combat on 14 September 1969 * awarding him the Army Good Conduct Medal (1st Award) for his period of service from 19 February 1969 to 22 September 1970 * amending his DD Form 214 by deleting the Vietnam Service Medal and adding the: * Purple Heart * Combat Infantryman Badge * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with one bronze service star * Vietnam Campaign Medal with Device (1960) * Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) * 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. BOARD DATE: 24 August 2017 DOCKET NUMBER: AR20160001271 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 his DD Form 214 does not list his Purple Heart. This form only lists his Bronze Star Medal with "V" Device. He learned the Purple Heart was not listed on his DD Form 214 when he applied for Purple Heart license plates. He has the Purple Heart certificate. 3. The applicant provides a copy of his 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 the cases 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. 2. The applicant was inducted into the Army of the United States on 19 February 1969 and he held military occupational specialty (MOS) 11B (Light Weapons Infantryman). 3. Special Orders Number 143, dated 23 May 1969, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16). 4. He served in Vietnam from 21 July to 7 October 1969. He was assigned to Company A, 2nd Battalion, 27th Infantry, 25th Infantry Division, during one campaign. 5. He was wounded in action on 14 September 1969. His records contain a Western Union Telegram, dated 15 September 1969, wherein his spouse and parents were advised he had been wounded in action in Vietnam on 14 September 1969 by fragments from a booby trap while on a combat operation. 6. He was evacuated to the 249th General Hospital on 21 September 1969 and to Madigan General Hospital, Fort Lewis, WA, on 7 October 1969. 7. He was honorably released from active duty on 22 September 1970 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training). He was credited with completing 1 year, 7 months, and 4 days of active service. His DD Form 214 lists the: * National Defense Service Medal * Vietnam Service Medal * Bronze Star Medal with "V" Device * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * two overseas service bars 8. His DA Form 20 (Enlisted Qualification Record) shows in: * Item 38 (Record of Assignments) – He received "excellent" conduct and efficiency ratings throughout his period of service; there is no evidence of a commander's disqualification for award of the Army Good Conduct Medal (1st Award) during his period of service * Item 40 (Wounds) – He received wounds to both lower extremities, scrotum, and both arms on 14 September 1969 * Item 41 (Awards and Decorations) – All the awards listed on his DD Form 214, excluding the two overseas service bars 9. His records do not include orders awarding him the Purple Heart or Combat Infantryman Badge. 10. His name is listed on the Vietnam casualty roster. 11. A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of General Orders issued during the Vietnam era between 1965 and 1973 maintained by the Awards and Decorations Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the Purple Heart pertaining to the applicant. 12. He provided a copy of a certificate, dated 15 September 1969, showing he was awarded the Purple Heart for wounds received in action on 14 September 1969. 13. On 15 December 1971, per the applicant's request for correction of his military records to show he was retired by reason of physical disability, the ABCMR determined the failure of the Department of the Army to properly evaluate the applicant's physical condition and to place him on the Temporary Disability Retired List (TDRL) at the time of his release from active duty on 22 September 1970 was then, and was now, in error and unjust. The Board concluded that on 22 September 1970 he was physically unfit to perform his duties by reason of residuals of shell fragment wounds received in the line of duty, as the direct result of armed conflict. The Board recommended correction of his records to show he was placed on the TDRL with entitlement to retired pay as of 23 September 1970. 14. On 8 June 1972, he was issued a DD Form 215 (Correction to DD Form 214, Armed Forces of the United States Report of Transfer or Discharge) showing he was retired on 22 September 1970 by reason of temporary disability. 15. On 10 November 1972, an informal Physical Evaluation Board convened and found the applicant unfit for a combination of disabilities as a result of being wounded in action in Vietnam. The board permanently retired him from the service with a combined rating of 40 percent. REFERENCES: 1. Army Regulation (AR) 600-8-22 (Military Award) states: a. The Purple Heart is awarded for a wound sustained 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, and the medical treatment must have been made a matter of official record. b. The Combat Infantryman Badge is awarded to infantry Soldiers satisfactorily performing infantry duties while assigned to an infantry unit during such time as the unit is engaged in active ground combat, and actively participate in such ground combat. c. The Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of the Republic of Vietnam to members of the United States Armed Forces who qualified for award of the Vietnam Service Medal and were evacuated prior to completing 6 months of service in Vietnam due to wounds resulting from hostile action. d. A bronze star is authorized for wear on the Vietnam Service Medal to denote campaign participation. 2. AR 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded 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-marital. However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for the award and until the awarding authority announced the award in general orders. 3. DA Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows his unit, the 2nd Battalion, 27th Infantry, was cited for award of the: * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for the period from 1 January 1966 to 21 January 1970, by Department of the Army General Order (DAGO) Number 51, dated 1971 * Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period from 1 September 1968 to 30 September 1970, by DAGO Number 5, dated 1973 DISCUSSION: 1. The evidence of record confirms the applicant was wounded in Vietnam on 14 September 1969 as a result of hostile action, while on a combat operation. He was medically treated and ultimately retired due to his wounds. He meets the criteria for award of the Purple Heart and he provided a certificate showing he received the award. The Purple Heart is not listed on his DD Form 214. 2. The applicant held an infantry MOS, he was assigned to an infantry unit in Vietnam, and he was wounded in action in Vietnam on 14 September 1969 during combat operations. It is reasonable to presume he sustained this injury during combat operations when his unit was engaging the enemy. He appears to have met the criteria for award of the Combat Infantryman Badge. 3. The applicant served in Vietnam from 21 July to 7 October 1969. He was wounded in action on 14 September 1969 and he was medically evacuated. Although he served less than 6 months in Vietnam, he is eligible for award of the Republic of Vietnam Campaign Medal with "1960" Device because he was wounded as a result of hostile action. 4. He participated in one campaign in Vietnam and is authorized one bronze service star to be affixed to his already-awarded Vietnam Service Medal. His DD Form 214 does not list this service star. 5. He was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) during his period of service. His DD Form 214 does not list this badge. 6. GO awarded his unit the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of service in Vietnam. His DD Form 214 does not list these unit awards. 7. He appears to meet the criteria for award of the Army Good Conduct Medal (1st Award) in that: * he completed over 1 year of honorable service and received "excellent" conduct and efficiency ratings throughout his period of service * he served in Vietnam earning the Bronze Star Medal with "V" Device and Purple Heart * there is no derogatory information in his records that would have disqualified him from receiving this award //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160001271 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001271 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2