IN THE CASE OF: BOARD DATE: 14 January 2016 DOCKET NUMBER: AR20150006760 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, in effect: * award of the Purple Heart for wounds incurred while serving in Vietnam * to add his already-awarded Bronze Star Medal to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 8 March 1969 2. The applicant states his records show he deserves these awards. 3. The applicant provides: * DD Form 1380 (U.S. Field Medical Card) * extract from a Department of Veterans Affairs (VA) Disability Rating * General Order (GO) Number 686, dated 24 January 1969 * 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 Army of the United States on 11 April 1967. 3. He was honorably released from active duty on 8 March 1969. His DD Form 214 shows he completed 1 year, 10 months, and 28 days of net active creditable service. His rank/grade was sergeant/E-5. As amended by a DD Form 215 (Correction to DD Form 214 (Certificate of Release or Discharge from Active Duty)), his DD Form 214 also shows he was awarded or authorized: * Bronze Star Medal * Army Commendation Medal * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Combat Infantryman Badge 4. His available service record contains: a. DA Form 20 (Enlisted Qualification Record), which shows: (1) He served in Vietnam from on or about 11 March 1968 to on or about 8 March 1969. He served during five campaigns: * Tet Counteroffensive (30 January 1968 to 1 April 1968) * Vietnam Counteroffensive, Phase IV (2 April 1968 to 30 June 1968) * Vietnam Counteroffensive, Phase V (1 July 1968 to 1 November 1968) * Vietnam Counteroffensive, Phase VI (2 November 1968 to 22 February 1969) * Tet 69 Counteroffensive, 1969 (23 February 1969 to 8 June 1969) (2) Item 38 (Record of Assignments) shows: * Conduct and Efficiency ratings as "excellent" throughout his entire term of service * while in Vietnam, he was assigned to Company C, 2nd Battalion, 16th Infantry Regiment, 1st Infantry Division (3) Item 40 (Wounds) is blank. (4) Item 41 (Awards and Decorations) shows, in addition to what is shown on his DD Form 214 that he was awarded: * Army Commendation Medal with "V" Device * Republic of Vietnam Cross of Gallantry with Palm Unit Citation * Purple Heart (emphasis added) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) * Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60) b. Special Orders (SO) Number 149, dated 5 June 1967, issued by U.S. Army Training Center Infantry, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14). c. SO Number 178, dated 12 July 1967, issued by Headquarters, Fort Polk, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16). d. SO Number 188, dated 22 July 1967, issued by Headquarters, Fort Polk, awarded him the Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60). e. GO Number 8926, dated 23 August 1968, issued by Headquarters, 1st Infantry Division, awarded him the Army Commendation Medal with "V" Device. f. There was no derogatory information found in his service record. g. DD Form 215 (Correction to DD Form 214), prepared 8 October 2014, shows his DD Form 214 for the period ending 8 March 1969 was amended to reflect the award of the Bronze Star Medal. 5. The applicant provides: a. DD Form 1380 showing he was wounded in his right arm by shrapnel on 31 August 1968. The wound is listed as having been caused by enemy action. b. GO Number 686, dated 24 January 1969, issued by Headquarters, 1st Infantry Division, awarding him the Bronze Star Medal for meritorious service during the period March 1968 to March 1969. 6. Army Regulation 600-8-22 (Military Awards) prescribes policies and procedures for military awards. It 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 will be awarded for wear on the Vietnam Service Medal for participation in each campaign. A silver service star is worn in lieu of five bronze service stars. 7. 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 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. 8. Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. a. The 2nd Battalion, 16th Infantry Regiment was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 12 July 1965 to 7 April 1970 by Department of the Army General Order (DAGO) Number 53, dated 1970. b. All units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on DAGO Number 8, dated 1974. DISCUSSION AND CONCLUSIONS: 1. GO awarded the applicant Bronze Star Medal and his record shows it was added by a DD Form 215. Because this award was already added, no correction is required. 2. He was awarded the Army Commendation Medal with "V" Device. His DD Form 214 does not show the "V" Device. 3. While his available service record does not show he was wounded in combat, his DA Form 20 suggests he was awarded a Purple Heart. Additionally, he provides a DD Form 1380 which clearly shows he sustained shrapnel wounds to his right arm. With this document, there is sufficient evidence to affirm he met the criteria for the award of the Purple Heart because it states his wound was the result of enemy action, it was treated by medical personnel, and the wound treatment was made a matter of official record. 4. He has qualifying service for one silver service star on his already-awarded Vietnam Service Medal. Additionally his records show he was awarded three Sharpshooter Marksmanship Qualification Badges for the M-14, M-16, and M-60, respectively. The aforementioned awards are not listed on his DD Form 214. 5. It appears he met the criteria for the award of the Army Good Conduct Medal (1st Award) for the period 11 April 1967 through 8 March 1969. * he was rated "excellent" for both conduct and efficiency throughout his term of service * he was awarded the Bronze Star Medal, Army Commendation Medal with "V" Device, and the Combat Infantryman Badge * he was promoted to the rank/grade of SGT/E-5 in less than a 2-year period 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 sustained on 31 August 1968, b. awarding him the Army Good Conduct Medal for the period 11 April 1967 through 8 March 1969, c. deleting from his DD Form 214 the following awards – * Army Commendation Medal * Vietnam Service Medal d. adding the following awards to his DD Form 214 – * Army Commendation Medal with "V" Device * Vietnam Service Medal with one silver service star * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) * Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60) _______ _ 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) AR20150006760 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150006760 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1