IN THE CASE OF: BOARD DATE: 3 December 2015 DOCKET NUMBER: AR20150004918 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 military service records to show award of the Purple Heart. 2. The applicant states he served in the Republic of Vietnam (RVN). He was wounded in action on 3 July 1967 and awarded the Purple Heart, but it is not recorded on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 3. The applicant provides copies of his DA Form 4980-10 (Purple Heart Certificate); DA Form 20 (Enlisted Qualification Record), pages 3 and 4; and 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 U.S. Army on 25 May 1966. He was awarded military occupational specialty 13B (Field Artillery). 3. The applicant's DA Form 20 shows, in pertinent part, in: * item 31 (Foreign Service), he served in Vietnam from 12 January 1967 through 11 January 1968 * item 38 (Record of Assignments) – * Battery A, 1st Battalion, 84th Artillery, from 12 January 1967 through 18 May 1967 * Battery B, 7th Battalion, 13th Artillery, from 19 May 1967 through 8 January 1968 * item 40 (Wounds): Fragment wound scratches on head, 3 July 1967 * item 41 (Awards and Decorations) – * National Defense Service Medal * Marksmanship Qualification Badge with Rifle (M-14) Bar * Vietnam Service Medal * RVN Campaign Medal * 2 Overseas Service Bars * Purple Heart * Army Good Conduct Medal (1st Award) 4. Headquarters, I Field Force Vietnam Artillery, General Orders Number 4, dated 4 October 1967, awarded the applicant the Purple Heart for wounds sustained as a result of hostile action in the RVN on 3 July 1967. 5. The applicant's DD Form 214 shows he was honorably released from active duty on 24 May 1968 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his Reserve obligation. a. He had completed 2 years of net active duty service this period that included 1 year of foreign service. b. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the: * National Defense Service Medal * Vietnam Service Medal * RVN Campaign Medal * 2 Overseas Service Bars * Army Good Conduct Medal * Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar 6. A review of the applicant's military personnel records reveals he may be entitled to additional awards that are not shown on his DD Form 214. 7. Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations. a. The Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign. b. Appendix B contains a list of Vietnam Conflict campaigns. During the applicant's service in Vietnam, participation credit was awarded for the following campaigns: * Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967) * Vietnam Counteroffensive Phase III (1 June 1967- 29 January 1968) 8. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. a. It shows that during the applicant's period of assignment: * 1st Battalion, 84th Artillery, was cited for award of the – * RVN Gallantry Cross with Palm Unit Citation for the period 1 December 1966 to 30 June 1968 in Department of the Army General Orders (DAGO) Number 31, 1969 * RVN Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 to 28 June 1969 in DAGO Number 59, 1969 * 7th Battalion, 13th Artillery, was cited for award of the – * Meritorious Unit Commendation for the period 9 November 1966 to 31 December 1968 in DAGO Number 70, 1969 * RVN Gallantry Cross with Palm Unit Citation for the period 1 August 1965 to 16 April 1971 in DAGO Number 54, 1974 b. This pamphlet also shows that not more than one RVN Gallantry Cross Unit Citation will be worn by any individual. Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received. However, in the case of duplicate awards covering the same period of time only one award will be recorded in official military and historical records. DISCUSSION AND CONCLUSIONS: 1. The evidence of record shows the applicant was wounded in action in the RVN on 3 July 1967, he received medical treatment for his injuries, the treatment was made a matter of official record, and the award was announced in general orders. Thus, it would be appropriate at this time to correct his DD Form 214 to show award of the Purple Heart. 2. The evidence of record shows: a. the applicant qualified for award of the Vietnam Service Medal, he participated in two campaigns during his service in Vietnam, and he is authorized two bronze service stars for wear on his already-awarded VSM; b. DAGOs awarded the applicant's units the: * Meritorious Unit Commendation * RVN Gallantry Cross with Palm Unit Citation (two awards covering the same period of time) * RVN Civil Actions Honor Medal First Class Unit Citation 3. Therefore, in view of the foregoing, it would be appropriate to correct his DD Form 214 to show his awards and decorations, as recommended below. BOARD VOTE: ____X___ ____X___ ____X___ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 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: a. deleting from item 24 of his DD Form 214 the "Vietnam Service Medal" and b. adding the following awards to item 24 of his DD Form 214: * Purple Heart * Vietnam Service Medal with 2 Bronze Service Stars * Meritorious Unit Commendation * 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. ABCMR Record of Proceedings (cont) AR20150004918 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004918 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1