IN THE CASE OF: BOARD DATE: 5 January 2016 DOCKET NUMBER: AR20150006082 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 award of the Purple Heart. 2. The applicant states, in effect, he has been given a service-connected disability rating for a shell fragment wound as confirmed by doctors although his DD Form 214 does not show the Purple Heart as an authorized award. 3. The applicant provides a copy of a 15 October 2014 Department of Veterans Affairs (VA) letter. 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 29 January 1969. He held military occupational specialty (MOS) 11B (Light Weapons Infantryman). He was assigned to Vietnam from 2 July 1969 through 18 June 1970. 3. His DA Form 20 (Enlisted Qualification Record) shows in: a. item 38 (Record of Assignments) he was assigned in Vietnam to: (1) Company D, 1st Battalion, 18th Infantry, 1st Infantry Division, from 10 July 1969 to 6 February 1970; (2) Troop B, 1st Squadron, 4th Cavalry, 1st Infantry Division, from 7 February to 7 April 1970; (3) Americal Combat Center, as a student, from 8 April to 11 April 1970; and (4) Company D, 1st Battalion, 46th Infantry, from 12 April to 29 May 1970, when he was transferred to the Medical Holding Company, 249th General Hospital. b. item 40 (Wounds): Fragment wound, right jaw on 20 May 1970. 4. All of his conduct and efficiency ratings were "excellent" and there is no record of court-martial conviction. 5. He was honorably released from active duty on 28 January 1971, in the rank of specialist four (SP4)/E-4. His DD Form 214 lists his awards as the National Defense Service Medal, Vietnam Service Medal with two bronze service stars, Air Medal, Combat Infantryman Badge, Army Commendation Medal, Republic of Vietnam Campaign Medal with Device (1960), Sharpshooter Qualification Badge with Rifle Bar, and First Class Gunner Marksmanship Qualification Badge with Machinegun Bar. 6. The applicant's name is listed on the Vietnam Casualty Roster as being wounded in action on 20 May 1970. 7. His record contains a DA Form 8-275-2 (Clinical Record Cover Sheet), dated 7 August 1970, showing he was injured in May 1970 when he was hit by hostile fire while in Vietnam. He received a fragment wound to the face and a fractured mandible. 8. He provides a VA letter showing he was granted 10% disability due to "residuals, shell fragment wound, left cheek, with healed mandibular alveolar ridge fracture and retained metal foreign body in soft tissues (claimed now as bleeding gums due to shrapnel wound)." 9. His records show he is authorized additional awards that are not listed on his DD Form 214. 10. 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. A bronze service star is authorized for wear with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in. During his service in Vietnam, the applicant participated in the following three campaigns: * Vietnam Summer - Fall 1969 9 June - 31 October 1969 * Vietnam Winter - Spring 1970 1 November 1969 - 30 April 1970 * Sanctuary Counteroffensive 1 May - 30 June 1970 11. 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. 12. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the Republic of Vietnam. This pamphlet shows: a. The 18th Infantry was cited for award of the Vietnam Gallantry Cross with Palm Unit Citation for the period 15 September 1969-February 1970 in Department of the Army General Orders (DAGO) 2, dated 1971, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 12 July 1965-7 April 1970 in DAGO Number 53, dated 1970. b. The 46th Infantry was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 31 March-30 June 1970 in DAGO Number 42, dated 1972. 13. Department of the Army Pamphlet 672-3 also states not more than one Republic of Vietnam 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 available evidence shows he was wounded in action in May 1970. Therefore, he is entitled to the Purple Heart. 2. The available evidence clearly shows he distinguished himself in the performance of his military service as evidenced by his "excellent" conduct and efficiency ratings, honorable release from active duty, advancement to SP4, and receipt of personal decorations. There is no evidence of a commander's disqualification for the Army Good Conduct Medal (1st Award). It is presumed his not receiving the Army Good Conduct Medal for his service was an administrative oversight. Therefore, he should be awarded the Army Good Conduct Medal (1st Award) for the period from 29 January 1969 to 28 January 1971. 3. The applicant served in Vietnam during three designated campaign periods and is authorized three bronze service stars for wear on his already-awarded Vietnam Service Medal. 4. His units were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation (2 Awards), and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for a period of time that included the applicant's tour of duty in Vietnam. 5. There is sufficient evidence to correct his DD Form 214 to show the aforementioned awards. 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. awarding him the Purple Heart for wounds received in action on 20 May 1970; b. awarding him the Army Good Conduct Medal (1st Award) for the period 29 January 1969 to 28 January 1971; c. deleting from his DD Form 214 the Vietnam Service Medal with two bronze service stars; and d. adding to his DD Form 214 the: * Purple Heart * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with three bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation (2 Awards) * 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) AR20130006990 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150006082 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1