BOARD DATE: 17 November 2016 DOCKET NUMBER: AR20150014381 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 BOARD DATE: 17 November 2016 DOCKET NUMBER: AR20150014381 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: * awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 13 September 1966 through 12 September 1968 * awarding him the Purple Heart for wounds received in action in Vietnam on 15 February 1968 * adding to his DD Form 214 the Army Good Conduct Medal (1st Award), Purple Heart, and Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) ___________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. BOARD DATE: 17 November 2016 DOCKET NUMBER: AR20150014381 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, the spouse of a deceased former service member (FSM), requests correction of the FSM's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart. 2. The applicant states the Purple Heart was never awarded. 3. The applicant provides: * FSM's DD Form 214 * FSM's death certificate * FSM's DA Form 20 (Enlisted Qualification Record) * telegram * Compensation and Pension Examination 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 FSM was inducted into the Army of the United States on 13 September 1966 and held military occupational specialty (MOS) 31B (Infantry Radio Mechanic). 3. Item 29 (Qualification in Arms) of his DA Form 20 shows he qualified as a marksman with the M-14 rifle on 27 October 1966 and would have been awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14). 4. He served in Vietnam from on or about 28 March 1967 to on or about 8 March 1968. He was assigned to Battery C, 1st Battalion (Self-Propelled), 44th Artillery. 5. His DA Form 20 shows the following entries in: a. Item 40 (Wounds), he was wounded in action on 15 February 1968; he suffered a shrapnel wound to the left lung and abdomen. b. Item 38 (Record of Assignment), he was reassigned in a casual status on 8 March 1968 and transferred in a patient status on 11 March 1968 to Valley Forge General Hospital in Pennsylvania. Additionally, he received excellent conduct and efficiency ratings throughout his military service except during advanced individual training (he received a good efficiency rating) and during his stay at Valley Forge General Hospital (he received an unknown rating). 6. His records contain a DA Form 1 (Morning Report) for Battery C, 1st Battalion, 44th Artillery that shows on 15 February 1968, he was reported as a reassignment loss to his unit due to transfer to the U.S. Army Vietnam Patient Casualty Company. 7. On 7 May 1968, he was transferred to the 4th Battalion, 54th Infantry at Fort Knox, KY where he was honorably released from active duty in the rank/grade of specialist four (SP4)/E-4 on 12 September 1968. His DD Form 214 shows he completed 2 years of active service. He was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal * Vietnam Campaign Medal * 2 overseas service bars 8. Following his separation, in January 1969, by telegram, the Department of Veterans Affairs, requested his medical records from Vietnam and/or Valley Forge General Hospital. He had alleged that he was wounded to the chest and stomach in Vietnam and had been treated at Valley Forge from 15 February 1968 to 7 May 1968. However, there were no records forwarded from Valley Forge. 9. On 14 August 2009, the Military Awards Branch at the U.S. Army Human Resources Command (HRC) audited his records but found insufficient evidence to support award of the Purple Heart. However, HRC issued him a DD Form 215 (Correction to DD Form 214) that added: * Vietnam Service Medal with 3 bronze service stars * Valorous Unit Award * Navy Presidential Unit Citation * Republic of Vietnam Gallantry Cross with Palm Unit Citation 10. His records do not contain orders awarding him the Purple Heart. Additionally, his name is not listed on the Vietnam casualty roster and his medical records are not available for review. REFERENCES: 1. Army Regulation (AR) 600-8-22 (Military Awards) states 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. 2. AR 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 (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. Ratings of "unknown" for portions of the period under consideration were not disqualifying. Service school efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 were not disqualifying. There must have been no convictions by a court-martial. However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders. 3. AR 600-200 (Enlisted Personnel Management System), chapter 9, of the version in effect at the time, stated a brief description of wounds or injuries (including injury from gas) requiring medical treatment received through hostile or enemy action, including those requiring hospitalization would be entered in item 40 (wounds) of the DA Form 20. This regulation further stated that the date the wound or injury occurred would also be placed in item 40. DISCUSSION AND CONCLUSIONS: 1. The FSM's records do not contain orders awarding him the Purple Heart and his name is not listed on the Vietnam casualty roster. However, his DA Form 20 clearly shows he was wounded on 15 February 1968. He suffered a shrapnel wound to the left lung and abdomen, and he was eventually transferred to Valley Forge General Hospital in Pennsylvania. 2. The FSM served honorably from 13 September 1966 through 12 September 1968. He served in Vietnam, attained the rank/grade of SP4/E-4, was wounded in combat, and received "excellent" efficiency and conduct ratings throughout his military service (except while in training ant at the hospital). His records contain no derogatory information that would have disqualified him from receiving the first award of the Army Good Conduct Medal. It appears appropriate to award him the Army Good Conduct Medal and correct his DD Form 214 to show this medal. 3. The FSM was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14). His DD Form 214 omitted this badge. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150014381 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150014381 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2