IN THE CASE OF: BOARD DATE: 27 September 2016 DOCKET NUMBER: AR20150013199 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: 27 September 2016 DOCKET NUMBER: AR20150013199 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. awarding him the Purple Heart for wounds sustained in action on 17 June 1968; b. awarding him the Combat Infantryman Badge for his actions on 29 April 1968; and c. amending his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) by deleting the Vietnam Service Medal with two bronze service stars and adding the: * Purple Heart * Vietnam Service Medal with four bronze service stars * Presidential Unit Citation * Meritorious Unit Commendation * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Combat Infantryman Badge _____________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: 27 September 2016 DOCKET NUMBER: AR20150013199 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 award of the Purple Heart. 2. The applicant states he was wounded in a combat zone while serving in Vietnam. 3. The applicant provides no additional evidence. 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 19 May 1967. He was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman) upon completion of his initial entry training. 3. His DA Form 20 (Enlisted Qualification Record) shows in: a. item 31 (Foreign Service), he served in the Republic of Vietnam from on or about 22 October 1967 to 17 October 1968; b. item 38 (Record of Assignments), he was assigned to: * Company E, 2nd Battalion, 60th Infantry Regiment, during the period 1 through 17 November 1967 * Company B, 2nd Battalion, 60th Infantry Regiment, during the period 18 November 1967 through 8 July 1968 * Company D, 52nd Infantry Regiment, during the period 9 July to 15 October 1968 c. item 40 (Wounds), he sustained a fragment wound to his right foot on 17 June 1968. 4. His records contain general orders that awarded him the Army Commendation Medal with "V" Device for heroism on 29 April 1968, while he was serving as a rifleman assigned to the 2nd Battalion, 60th Infantry Regiment. 5. A review of The Adjutant General's Office Vietnam casualty roster shows the applicant's name is listed as a casualty for injuries sustained on 17 June 1968, under casualty status code "23." This casualty code refers to "hostile wounded in action, not serious, hospitalized." 6. There are no orders in his available military records that awarded him the Purple Heart or the Combat Infantryman Badge. 7. He was honorably released from active duty on 16 May 1969. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was awarded or authorized the: * Army Commendation Medal with "V" Device * National Defense Service Medal * Vietnam Service Medal with two bronze service stars * Republic of Vietnam Campaign Medal with Device (1960), shown as the "Vietnam Campaign Medal" * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) * 2 Overseas Service Bars REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states: a. The Purple Heart is awarded for a wound sustained 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. The Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer service members who have an infantry MOS. They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size. c. A bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in. Appendix B shows that during the applicant's service in Vietnam, he participated in the following four campaigns: * Vietnamese Counteroffensive Phase III (1 June 1967 – 29 January 1968) * Tet Counteroffensive (30 January – 1 April 1968) * Vietnamese Counteroffensive Phase IV (2 April – 30 June 1968) * Vietnamese Counteroffensive Phase V (1 July – 1 November 1968) 2. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units that served in Vietnam. This pamphlet shows that during his assignment to: a. 2nd Battalion, 60th Infantry (1 November 1967 – 8 July 1968), the unit was cited in general orders for award of the: * Presidential Unit Citation for service during the period 7 March – 22 June 1968 * Republic of Vietnam Gallantry Cross with Palm Unit Citation for service during the period 1 December 1966 – 30 June 1968 * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service during the period 19 December 1966 – 28 June 1969 b. Company D, 52nd Infantry (9 July – 15 October 1968), the unit was cited in general orders for the Meritorious Unit Commendation for service during the period 1 January – 31 December 1968. DISCUSSION: 1. The applicant's request for award of the Purple Heart was carefully considered. 2. The applicant was injured on 17 June 1968 as a result of hostile action; however, there is no evidence that indicates he was awarded the Purple Heart for this injury. 3. The evidence shows he held an infantry MOS and he was awarded the Army Commendation Medal with "V" Device for heroism in action on 29 April 1968, while he was serving as a rifleman assigned to the 2nd Battalion, 60th Infantry Regiment. It appears he met the criteria for award of the Combat Infantryman Badge; however, there is no evidence that indicates he was given this badge. 4. His DD Form 214 shows he was awarded the Vietnam Service Medal with two bronze service stars; however, he participated in four campaigns during his service in Vietnam. Based on this fact, he is authorized four bronze service stars for wear on his already-awarded Vietnam Service Medal. 5. Department of the Army Pamphlet 672-3 shows his units of assignment during his service in Vietnam were cited in general orders for award of the Presidential Unit Citation, Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. These unit awards are not shown on his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150013199 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150013199 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2