BOARD DATE: 26 September 2017 DOCKET NUMBER: AR20160004045 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: 26 September 2017 DOCKET NUMBER: AR20160004045 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 applicant the Purple Heart for wounds received in connection with military operations against a hostile enemy on 27 February 1968; b. awarding the applicant the Army Good Conduct Medal (1st Award) for the period 7 August 1967 through 6 August 1969; c. awarding the applicant the Combat Infantryman Badge for engaging hostile enemy forces on 27 February 1968; and d. amending the applicant's DD Form 214 for the period ending 6 August 1969 by deleting the Vietnam Service Medal and adding the: * Purple Heart * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with 3 bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Presidential Unit Citation * Combat Infantryman Badge _____________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: 26 September 2017 DOCKET NUMBER: AR20160004045 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), for the period ending 6 August 1969, to show he was awarded the Purple Heart. 2. The applicant states he was physically handed his Purple Heart while in an evacuation hospital in the Republic of Vietnam. He was evacuated to Japan and later to Fort Riley, KS. His DD Form 214 does not reflect the Purple Heart he was awarded for his combat wound in Vietnam in February 1968. 3. The applicant provides copies of his DA Form 20 (Enlisted Qualification Record), DD Form 214, and Veterans Benefit Award, dated 24 November 1969. 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 7 August 1967. He completed his initial entry training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman). 3. The applicant's record shows he served in the Republic of Vietnam from on or about 8 January 1968 through on or about 10 April 1968, where he was assigned to 3rd Battalion, 60th Infantry Regiment, 9th Infantry Division. 4. The applicant was medically evacuated from the battlefield following engagement with the enemy on 27 February 1968. 5. Special Orders Number 81, issued by Headquarters, 249th General Hospital on 3 April 1968, shows the applicant was scheduled for medical evacuation from Japan to Fort Riley, KS, with an estimated departure date on or about 11 April 1968. 6. A DA Form 9-274 (Medical Condition – Physical Profile Record), dated 13 September 1968, shows the applicant was issued a permanent profile for limitations resulting from a gunshot wound, right shoulder, with some stiffness of shoulder and median nerve injury. His record shows he was subsequently placed in MOS 71H (Personnel Specialist). 7. The applicant was honorably released from active duty and transferred to U.S. Army Reserve Control Group (Annual Training) on 6 August 1969. The applicant's 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) * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) * Marksman Marksmanship Qualification Badge with Auto Rifle Bar (M-16) 8. The applicant is listed on the Vietnam Casualty Roster for injuries received on 27 February 1968. His records show he was hospitalized for the 27 February 1968 injuries as a result of contact with hostile forces and later evacuated to the continental U.S. His casualty status code was "23," which refers to "hostile wounded in action, not serious, hospitalized." 9. There is no evidence that indicates the applicant was awarded the Army Good Conduct Medal. His DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his period of active service. There is no evidence of derogatory information or evidence that shows he was subject to any disciplinary actions, including convictions by court-martial under the Uniform Code of Military Justice (UCMJ). There is no evidence that shows his commander took action to disqualify him from being favorably considered for, or receiving, his initial award of the Army Good Conduct Medal. 10. The applicant provides a Veterans Benefits Award, dated 24 November 1969, which shows he was awarded a 30 percent rating from the Veteran's Administration for a gunshot wound to his right shoulder. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Department of the Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Purple Heart is awarded for a wound or wounds sustained in action against an enemy or as a result of hostile action. Substantiating evidence must be provided that verifies the wound resulted from hostile action, required treatment by medical personnel, and that treatment was made a matter of official record. A Purple Heart is authorized for the first wound suffered; for each subsequent award an oak leaf cluster will be awarded to be worn on the medal or ribbon. No more than one award will be made for more than one wound or injury received at the same instant or from the same missile, force, explosion, or agent. b. The Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 3 July 1965 through 28 March 1973. A bronze service star will be authorized for wear on the Vietnam Service Medal for participation in each credited campaign. Appendix B shows that during his service in the Republic of Vietnam, participation credit was awarded for the following three campaigns: * Vietnam Counteroffensive Phase III (1 June 1967 – 29 January 1968) * Tet Counteroffensive (30 January 1968 – 1 April 1968) * Vietnam Counteroffensive Phase IV (2 April 1968 – 30 June 1968) c. The CIB was awarded to infantry officers and warrant officers and to enlisted Soldiers who possessed an infantry MOS. They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size. U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards), in effect during the Vietnam era, provided for award of the CIB to infantry personnel who were members of infantry platoons and squads in armored cavalry squadrons and regiments. Appendix V provides that during the Vietnam era, the CIB was awarded only to enlisted Soldiers who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H. 2. Army Regulation 672-5-1 (Awards), in effect at the time, provided that 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 Soldier must have had all "excellent" conduct and efficiency ratings, and he/she could not have been convicted by court-martial. 3. DA Pamphlet (DA PAM) 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. An examination of this pamphlet, with a corresponding examination of the relevant Department of the Army General Orders (DAGO), shows 3rd Battalion, 60th Infantry Regiment, the unit to which the applicant was assigned during his service in the Republic of Vietnam, was cited for the following unit awards during the period in which he was assigned: * Presidential Unit Citation for extraordinary heroism during the period 29 January to 4 March 1968, by DAGO 45, 16 July 1969 * Republic of Vietnam Gallantry Cross with Palm Unit Citation, for service during the period 1 September 1968 through 30 September 1970, by DAGO Number 5, dated 1973 * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for service during the period 1 January 1966 through 21 January 1970, by DAGO Number 51, dated 1970 DISCUSSION: 1. The applicant's request for award of the Purple Heart and correction of his DD Form 214 to show this award, was carefully considered. 2. The applicant's record is void of evidence that shows he was awarded the Purple Heart. However, the evidence of record shows he was shot in the right shoulder by enemy forces on 27 February 1968. Therefore, he is entitled to be awarded the Purple Heart and to have his DD Form 214 amended to show he received this award. 3. The applicant served honorably from 7 August 1967 through 6 August 1969. His records show he received "excellent" conduct and efficiency ratings throughout his period of active service. There is no evidence of derogatory information, or evidence that shows he was subject to any disciplinary actions, including convictions by court-martial under the UCMJ. Lastly, there is no evidence that shows his commander took action to disqualify him from being favorably considered for, or receiving, his initial award of the Army Good Conduct Medal. The evidence indicates he met the criteria for the Army Good Conduct Medal (1st Award). 4. The applicant served in the Republic of Vietnam from on or about 8 January 1968 through 10 April 1968; he participated in three campaigns during this period of foreign service. His DD Form 214 shows the Vietnam Service Medal as an authorized award; however, it does not show the three bronze service stars that should be affixed to it in recognition of his campaign participation. 5 Department of the Army General Orders awarded his unit of assignment in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal (First Class) Unit Citation, and the Presidential Unit Citation during the period in which he was assigned. These unit awards are not shown on his DD Form 214. 6. The applicant was serving in an Infantry unit in MOS 11B when he was shot in the shoulder during ground combat with enemy forces on 27 February 1968. The evidence shows he met the criteria for award of the Combat Infantryman Badge. However, his record is void of evidence that shows he was awarded the badge. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150017490 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160004045 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2