IN THE CASE OF: BOARD DATE: 10 March 2016 DOCKET NUMBER: AR20150009050 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 and the Bronze Star Medal. 2. The applicant states that: a. On 4 July 1968, his unit pulled back to an unknown base camp, he doesn't know the location. After 3 days of heavy fighting he reported to morning sick call with complete loss of feeling in his left leg. Nothing was done. Later the same day, he passed out and was unconscious for 1 to 3 days in the hospital. He was not told the cause and was returned to his unit. b. On 31 October 1968, after a night of fighting, he received an injury to his left forearm. He was pulled from his unit and sent to their base camp. He had to climb out of a valley about 150 feet to the top of a ridge. About half way up he lost his footing and fell backward to the bottom of the hill injuring his back and neck. He had to re-climb the hill despite his injuries in order to catch a helicopter. c. On 1 or 2 November 1968, he was sent to a hospital for an interview with a psychiatrist. This was the result of a request from a California Congressman checking on the status of his physical and mental health conditions. The psychiatrist diagnosed him with battle fatigue. He left the psychiatrist's office, went approximately 50 feet, passed out and woke up in the hospital 3 days later. d. He was told by a doctor that he had been prepped for removal of his left arm, but it was decided to use a new technique to try to save the arm, which was successful. e. Because of the condition of his arm a Purple Heart was pinned on him while he was unconscious in the hospital. 3. The applicant provides a Bronze Star Medal Certificate and VA Form 21-4138 (Statement in Support of Claim). 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 on 12 September 1967. He held military occupational specialty (MOS) 11B (Light Weapons Infantryman). 3. His DA Form 20 (Enlisted Qualification Record) shows in: a. item 38 (Record of Assignments): he was assigned to Company D, 1st Battalion, 506th Infantry from 13 March to 23 October 1968 and to Company C, 87th Infantry from 24 October 1968 to 14 April 1969. b. item 38: his conduct and efficiency ratings were "excellent"; c. item 40 (Wounds): no entry; and d. item 41 (Awards and Decorations): National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Combat Infantryman Badge, Army Commendation Medal, and the Bronze Star Medal. 4. He was honorably released from active duty (REFRAD) on 16 April 1969 as a specialist four (SP4)/E-4. He had completed 1 year, 7 months, and 5 days of active duty service. His DD Form 214 shows he was awarded the National Defense Service Medal, Vietnam Service Medal, and the Vietnam Campaign Medal. 5. His name is not listed on the Vietnam Casualty Roster. 6. Review of the Awards and Decorations Computer-Assisted Retrieval System, a partial compilation of general orders issued during the Vietnam era maintained by the Awards and Decorations Branch of the U.S. Army Human Resources Command, failed to reveal any orders pertaining to the applicant. 7. His record contains: a. Special Orders 320, Headquarters, U. S. Army Training Center and Fort Benning, dated 13 December 1967, showing he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar; b. Special Orders 327, Headquarters, U. S. Army Training Center and Fort Benning, dated 20 December 1967, showing he was awarded the First Class Gunner (now known as Sharpshooter) Qualification Badge with Machinegun Bar; and c. General Orders Number 134, Headquarters, 101st Airborne Division, dated 7 January 1969, showing he was awarded the Bronze Star Medal for meritorious service during the period 1 April to 30 November 1968. 8. 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 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. During his service in Vietnam, the applicant participated in the following five campaigns: * Tet Counteroffensive 30 January - 1 April 1968 * Counteroffensive Phase IV 2 April - 30 June 1968 * Counteroffensive Phase V 1 July - 1 November 1968 * Counteroffensive Phase VI 2 November 1968 - 22 February 1969 * Tet 69/Counteroffensive 23 February - 8 June 1969 This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign. A silver service star is authorized in lieu of five bronze service stars. 9. 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. 10. 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 the 1st Battalion, 506th Infantry, was cited for award of the: a. Valorous Unit Award for the period 13 June-23 September 1968 in Department of the Army General Orders (DAGO) 52, dated 1974; b. Meritorious Unit Commendation for the period 14 Mar-3 October 1968 in DAGO Number 5, dated 1976; c. Vietnam Gallantry Cross with Palm Unit Citation for the period 19 July 1968-14 May 1969 in DAGO Number 43, dated 1970; and d. Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 3 October 1968-2 May 1970 in DAGO Number 48, dated 1971. DISCUSSION AND CONCLUSIONS: 1. The available evidence clearly shows he distinguished himself in the performance of his military service as evidenced by his receipt of personal decorations, "excellent" conduct and efficiency ratings, honorable REFRAD, and advancement to SP4. There is no evidence of a commander's disqualification for the first award of the Army Good Conduct Medal. It is presumed that his not receiving the first award of the Army Good Conduct Medal for his service was an oversight. Therefore, he should be awarded the Army Good Conduct Medal (1st Award). 2. Orders show he was awarded the Bronze Star Medal, Sharpshooter Marksmanship Qualification Badge with Machinegun Bar, and the Marksman Marksmanship Qualification Badge with Rifle Bar. 3. His DA Form 20 shows he was awarded the Army Commendation Medal and the Combat Infantryman Badge. 4. Records show he participated in five campaign periods during his service in Vietnam. Therefore, he is authorized one silver service star for wear on his already-awarded Vietnam Service Medal. 5. His unit was cited for award of the Valorous Unit Award, Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for periods of time that included the applicant's tour of duty. 6. All of the applicant's awards should be correctly shown on his DD Form 214. 7. There is no substantiating evidence showing he was wounded as a result of enemy action while in Vietnam. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ____X____ ___X___ ____X___ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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 12 September 1967 to 16 April 1969; and b. adding to his DD Form 214 the– * Army Good Conduct Medal (1st Award) * Bronze Star Medal * Army Commendation Medal * Combat Infantryman Badge * One silver service star to be worn on his already-awarded Vietnam Service Medal * Sharpshooter Marksmanship Qualification Badge with Machinegun Bar * Marksman Marksmanship Qualification Badge with Rifle Bar * Valorous Unit Award * Meritorious Unit Commendation * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to correcting his DD Form 214 to show he was entitled to the Purple Heart. ____________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) AR20150009050 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1