IN THE CASE OF BOARD DATE: 30 June 2016 DOCKET NUMBER: AR20150011446 BOARD VOTE: ____x____ ___x___ ___x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 30 June 2016 DOCKET NUMBER: AR20150011446 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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 his DD Form 214 the Vietnam Service Medal with 2 bronze service stars, and the Expert (Rifle M-14), b. awarding him the Purple Heart for wounds received in action in the Republic of Vietnam on 22 November 1967; c. awarding him the Army Good Conduct Medal(First Award) for the period 2 February 1967 to 31 January 1969; and c. adding to his DD Form 214: * Purple Heart * Army Good Conduct Medal (First Award) * Vietnam Service Medal with three bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Expert Marksmanship Qualification Badge with Rifle and Machinegun Bars _____________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. IN THE CASE OF: BOARD DATE: 30 June 2016 DOCKET NUMBER: AR20150011446 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 reconsideration of his earlier request for correction of his military records by showing he was awarded the Purple Heart (PH) for wounds received in combat. He also requests, as a new issue, the addition of the Machinegun Bar to his already awarded Expert Marksmanship Qualification Badge. 2. The applicant makes no additional statement. 3. The applicant provides copies of: * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) Copy Numbers 1 and 2 * Special Orders Number 81, 3rd Training Brigade, Fort Jackson, South Carolina, dated 15 May 1967 (Front side only) * Service Medical Records, dated between 22 November 1967 and 29 October 1968 (12 pages) 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. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20090016806, on 11 March 2010. The original Record of Proceedings (ROP) shows that the Board considered the applicant’s request for award of the PH; however, the available evidence failed to show he had been wounded in action or that he had been presented the PH for any such wounds. Accordingly, the Board denied his request. 3. The applicant has now provided copies of his service medical records which warrant consideration by the Board as an exception to the 1-year policy concerning reconsideration of previous cases. 4. On 2 February 1967, the applicant was inducted into the Army of the United States. He completed his initial training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman). 5. Special Orders Number 81, Fort Jackson, South Carolina, dated 15 May 1967, as provided by the applicant and filed in his Official Military Personnel File (OMPF) announced his award of the Expert Marksmanship Qualification Badge with Machinegun Bar. 6. On 9 June 1967, the applicant departed Fort Jackson for duty in the Republic of Vietnam (RVN). a. On 17 July 1967, he was assigned for duty as a rifleman with Company B, 1st Battalion, 12th Infantry Regiment. b. On 7 September 1967, he was reassigned to Company D of the same battalion for duty as a rifleman. c. A DA Form 8-275-3 (Clinical Record Cover Sheet) 71st Evacuation Hospital, dated 25 November 1967, reports that the applicant was wounded by a hostile force shell on 22 November 1967 near Dak To, RVN. He was administered pain medicine and his wound was debrided. The PH was not awarded at that location and he was transferred to the 85th Evacuation Hospital. d. A DA Form 8-275-3, 85th Evacuation Hospital, reports that the applicant was admitted on 25 November 1967. He underwent a surgical procedure and was transferred to the 6th Convalescent Center, Cam Ranh Bay, RVN on 1 December 1967. The PH was not awarded at this location. e. A DA Form 8-275-3, 6th Convalescent Center, reports he received aftercare for his fragment wound of the left hip due to his being wounded in action on 22 November 1967. The PH was not awarded at this location. He was returned to duty on 26 December 1967. f. On 30 April 1968, he was reassigned within Company D, for duty as a grenadier. g. On 26 June 1968, he departed the RVN for duty in the United States. 7. On 31 January 1969, the applicant was honorably released from active duty. He had attained the rank of specialist four, pay grade E-4 and had completed 1 year, 11 months and 29 days of total active service. 8. The applicant's DD Form 214, lists his awards as: * Vietnam Service Medal with two bronze service stars * RVN Campaign Medal * Army Commendation Medal * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * National Defense Service Medal * Combat Infantryman Badge * Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) 9. The applicant’s name is not listed on the Vietnam Casualty Roster. 10. Item 40 (Wounds) of the applicant’s Enlisted Qualification Record (DA Form 20) is blank. 11. A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS) by personnel at the U.S. Army Human Resources Command (HRC), failed to reveal any orders awarding the applicant the PH. ADCARS is an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch at HRC. 12. Review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214. 13. Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows that his conduct and efficiency ratings were all excellent. The applicant’s records do not contain any evidence of disciplinary action. There is no evidence to show that the commander took any action to deny him the Army Good Conduct Medal. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) provides for award of the Purple Heart to a member of the Armed Force or any civilian national of the United States who, while serving in any capacity with one of the U.S. Armed Services after 5 April 1917, has been wounded or killed, or who has died or may die after being wounded in any action against an enemy of the U.S. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record. 2. Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates of service in the RVN, he participated in the following three campaign periods: the Vietnam Counteroffensive, Phase III; the Tet Counteroffensive; and the Vietnam Counteroffensive, Phase IV. This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. 3. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the RVN. This publication shows that the 1st Battalion, 12th Infantry Regiment, during the time of the applicant's assignment, was cited in Department of the Army General Orders (DAGO) Number 3, dated in 1970 for award of the RVN Gallantry Cross with Palm Unit Citation and in DAGO Number 53, dated in 1970 for award of the RVN Civil Actions Honor Medal First Class Unit Citation. 4. Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to enlisted Soldiers who had completed a qualified period of active duty enlisted service. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service. The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial. DISCUSSION: 1. The applicant contends that his military records should be corrected by showing he was awarded the PH and qualified as an expert marksman with the machine gun. 2. There are no available general orders showing the applicant was awarded the PH. The applicant's name is not listed on the Vietnam Casualty Roster and his DA Form 20 fails to show a record of his being wounded. However, the service medical records are sufficiently convincing to show that he sustained a fragment wound as a result of enemy action on 22 November 1967 and was hospitalized for treatment and aftercare. Therefore, it would be appropriate for the record to be corrected by awarding him the PH. 3. Records clearly show that the applicant distinguished himself in the performance of his military service as evidenced by his attaining the rank of specialist four, receiving a personal decoration, and achieving "excellent" conduct and efficiency ratings. Therefore, it is presumed that his not receiving an Army Good Conduct Medal for his service was an oversight. 4. Records show that the applicant participated in three campaign periods during his service in the RVN. Therefore, he is authorized to wear three bronze service stars on his already-awarded Vietnam Service Medal. 5. Records show that the applicant's unit was cited in general orders for award of the RVN Gallantry Cross with Palm Unit Citation, and the RVN Civil Actions Honor Medal First Class Unit Citation. 6. Records show the applicant qualified as an expert with the M-14 rifle and M-60 machinegun. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150011446 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150011446 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2