IN THE CASE OF: BOARD DATE: 28 January 2016 DOCKET NUMBER: AR20150006726 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 the Purple Heart. 2. The applicant states, in effect, he served in the Republic of Vietnam (RVN). He was wounded in action on 6 October 1966 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) 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 27 October 1965. He was awarded military occupational specialty 13A (Field Artillery, Basic). 3. The applicant's DA Form 20, in pertinent part, shows in: * item 31 (Foreign Service), he served in Vietnam from 28 May 1966 through 30 July 1967 * item 33 (Appointments and Reductions), he was promoted to specialist * four (SP4)/pay grade E-4 on 1 March 1967 * item 38 (Record of Assignments): Battery A, 2nd Howitzer Battalion, 35th Artillery, from 28 May 1966 through 29 July 1967 * item 40 (Wounds): Shrapnel – face and neck, 6 October 1966 * item 41 (Awards and Decorations) – * Marksman Marksmanship Qualification Badge with Rifle (M-14) Bar * National Defense Service Medal * Vietnam Service Medal * RVN Campaign Medal 4. The applicant's DD Form 214 shows he was honorably released from active duty on 30 July 1967 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his Reserve obligation. a. He had completed 1 year, 9 months, and 4 days of total active service that included 1 year, 2 months, and 3 days 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 5. A review of The Adjutant General's Office, Casualty Division's Vietnam casualty roster shows the applicant as a casualty on 6 October 1966 with casualty status code 23 (hostile wounded in action; not serious, hospitalized). 6. A review of the applicant's military personnel records failed to reveal a copy of any orders or other evidence that shows he was awarded the Purple Heart. 7. A request for 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 U.S. Army Human Resources Command, Awards and Decorations Branch, failed to return any award orders pertaining to the applicant. 8. In support of his application the applicant provides a copy of his Purple Heart Certificate that shows he was awarded the Purple Heart for wounds received in action in the RVN on 6 October 1966. 9. 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. 10. Headquarters, U.S. Army Training Center, Fort Benning, GA, Special Orders Number 54, dated 15 December 1965, awarded the applicant the Marksman Marksmanship Qualification Badge with Rifle (M-14) Bar. 11. A review of the applicant's military personnel record failed to reveal any evidence of disciplinary actions, adverse information, or a commander's disqualification that would have precluded him from being recommended for or awarded the Army Good Conduct Medal (AGCM) (1st Award). Item 38 of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings. 12. Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the AGCM was awarded to individuals who completed a qualifying period of active duty enlisted service. This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service. The enlisted person must have had all "excellent" conduct and efficiency ratings. Ratings of "unknown" for portions of the period under consideration were not disqualifying. There must have been no convictions by a court-martial. 13. Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations. a. The Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action. A wound is defined as an injury to any part of the body from an outside force, element, or agent sustained in action in the face of the armed enemy or as a result of a hostile act of such enemy. In order to support awarding a member the Purple Heart, 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. 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. c. 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 (25 December 1965 - 30 June 1966) * Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967) * Vietnam Counteroffensive Phase III (1 June 1967- 29 January 1968) 14. 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 to Battery A, 2nd Howitzer Battalion, 35th Artillery, the battalion was cited for award of the RVN Civil Actions Honor Medal First Class Unit Citation for the period 23 June 1966 to 15 January 1971 by Department of the Army General Orders (DAGO) Number 51, dated 1971. b. This pamphlet also shows that DAGO Number 8 (1974) announced award of the RVN Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973. DISCUSSION AND CONCLUSIONS: 1. The evidence of record shows the applicant was wounded in action in the RVN on 6 October 1966, he received medical treatment for his injuries, and the treatment was made a matter of official record. The evidence of record satisfies the criteria for award of the Purple Heart. 2. The evidence of record shows: a. the applicant qualified for award of the Vietnam Service Medal (VSM), he participated in three campaigns during his service in Vietnam, and he is authorized three bronze service stars for wear on his already-awarded VSM; b. general orders awarded the applicant's unit the: * RVN Gallantry Cross with Palm Unit Citation * RVN Civil Actions Honor Medal First Class Unit Citation c. special orders awarded the applicant the Marksman Marksmanship Qualification Badge with Rifle (M-14) Bar. 3. The applicant served a period of continuous, honorable active duty enlisted service from 27 October 1965 through 30 July 1967. a. There is no evidence of any disciplinary actions, adverse information, or a commander's disqualification for the first award of the AGCM. b. He was promoted to SP4 (E-4) and he received all "excellent" conduct and efficiency ratings during his service. c. Based on the available evidence, it would be appropriate at this time to award the applicant the AGCM (1st Award). 4. In view of the foregoing, it would be appropriate to correct the applicant's 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. awarding him the Army Good Conduct Medal (1st Award) for the period 27 October 1965 through 30 July 1967 (Standard Name Line: SP4, Battery A, 2nd Howitzer Battalion, 35th Artillery, U.S. Army Vietnam); b. deleting from item 24 of his DD Form 214 the "Vietnam Service Medal;" and c. adding the following awards to item 24 of his DD Form 214: * 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 * Marksman Marksmanship Qualification Badge with Rifle (M-14) Bar ____________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) AR20150006726 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150006726 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1