IN THE CASE OF: BOARD DATE: 26 July 2016 DOCKET NUMBER: AR20150013898 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: 26 July 2016 DOCKET NUMBER: AR20150013898 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 on 9 January 1967; b. awarding him the Army Good Conduct Medal (1st Award) for the period 6 October 1965 through 5 October 1967; c. deleting from his DD Form 214 the Vietnam Service Medal; and d. adding the following awards to his DD Form 214: * Purple Heart * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with one bronze service star * Republic of Vietnam Gallantry Cross with Palm Unit Citation ___________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: 26 July 2016 DOCKET NUMBER: AR20150013898 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 for wounds incurred during his service in Vietnam. 2. The applicant states, in effect: * his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show the Purple Heart * he provides a DA Form 1577 (Authorization for Issuance of Awards), dated 9 January 1968, that shows he is authorized this award * he was never given a DD Form 215 (Correction to DD Form 214) * he is a wounded Veteran applying for benefits from the Department of Veterans Affairs 3. The applicant provides his DD Form 214 and a DA Form 1577, dated 9 January 1968. 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 6 October 1966. Following initial training, he was reassigned to Vietnam. 3. His available service record contains the following documents: a. DA Form 20 (Enlisted Qualification Record): (1) Item 31 (Foreign Service) lists service in Vietnam from on or about 15 July 1966 to 14 January 1967. He has qualifying service for one campaign (Vietnam Counteroffensive, Phase II - 1 July 1966 to 31 May 1967). (2) Item 38 (Record of Assignments) show while in Vietnam, he served with Company A, 3rd Battalion, 21st Infantry Regiment, 196th Infantry Brigade. It also reflects he was in a "Patient" status from on or about 15 January until 17 February 1967. This item further shows ratings of "Excellent" for Conduct and Efficiency throughout his term of active service. (3) Item 40 (Wounds) indicates he sustained a wound to his face and right eye. b. General Order (GO) Number 1654, dated 4 May 1967, issued by Headquarters, 25th Infantry Division, awarding him the Silver Star for gallantry in action against the enemy. The citation affirms he was wounded while engaging enemy forces. c. Message, dated 14 January 1967, Subject: Personnel Medical Evacuation, issued by the Commanding General, U.S. Army Republic of Vietnam (USARV), showing the applicant was medically evacuated to the Medical Holding Company, U.S. Naval Hospital, Great Lakes, IL. 4. He was honorably released from active duty on 5 October 1967. His DD Form 214 shows he completed 2 years of net active creditable service. His rank/grade is listed as sergeant/E-5. He was awarded or authorized: * Silver Star * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Combat Infantryman Badge (1st Award) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * Second Class Marksmanship Qualification Badge with Grenade Bar * Second Class Marksmanship Qualification Badge with Gunner Bar (3.5 Rocket Launcher) * one overseas service bar REFERENCES: 1. Army Regulation (AR) 600-8-22 (Military Awards), prescribes policies and procedures for military awards. 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. 2. 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, and there must have been no convictions by a court-martial. 3. Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. It states, DAGO Number 8, dated 1974, awarded all units in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation. DISCUSSION: 1. In the addition to the DA Form 1577 provided by the applicant, his available service record provides substantiating evidence he met the criteria for the award of the Purple Heart. He sustained wounds as a result of hostile action with the enemy. Additionally, these wounds required treatment by medical personnel and the treatment he received was made a matter of official record. * GO awarding him the Silver Star affirms he was wounded in action * An USARV message shows he was medically evacuated to a Naval hospital in the continental United States * item 38 of his DA Form 20 shows he was in a "Patient" status from on or about 15 January to 17 February 1967 * item 40 of his DA Form 20 reflects he incurred wounds to his face and eye 2. While his DD Form 214 lists the Vietnam Service Medal, it does not show he participated in one campaign. In addition, all units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation. His DD Form 214 does not currently reflect these awards. 3. It appears he met the criteria for the award of the Army Good Conduct Medal (1st Award) for the period 6 October 1965 through 5 October 1967. * he was rated "excellent" for both conduct and efficiency throughout his term of service * he was awarded the Silver Star and the Combat Infantryman Badge * he was promoted to the rank/grade of SGT/E-5 in a 2-year period //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150013898 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150013898 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2