IN THE CASE OF: BOARD DATE: 24 January 2017 DOCKET NUMBER: AR20150015436 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: 24 January 2017 DOCKET NUMBER: AR20150015436 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 Army Good Conduct Medal (1st Award) for the period 3 September 1969 to 27 August 1971; b. deleting the Vietnam Service Medal from his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge); and c. adding to his DD Form 214 the: * Purple Heart * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with two bronze service stars * 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: 24 January 2017 DOCKET NUMBER: AR20150015436 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 the Purple Heart be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 2. The applicant states he has the certificate and orders for the Purple Heart, but it is not reflected on his DD Form 214. 3. The applicant provides a Purple Heart certificate, dated 28 June 1971; front page of General Orders Number 1409, dated 12 July 1971; and his DD Form 214. 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 3 September 1969. 3. His DA Form 20 (Enlisted Qualification Record) shows in : a. Item 31 (Foreign Service) he served in Vietnam from 3 September 1970 to 24 August 1971. b. Item 33 (Appointments and Reductions) he was promoted to sergeant (SGT)/E-5 on 28 April 1970. c. Item 38 (Record of Assignments) he was assigned to Headquarters and Headquarters Company, 2nd Battalion, 22nd Infantry, 25th Infantry Division from 23 September 1970 to 8 November 1970 and Troop B, 3rd Squadron, 5th Cavalry, 9th Infantry Division from 27 November 1970 to 22 August 1971 in Vietnam. He received all "excellent" conduct and efficiency ratings throughout his service. d. item 40 (Wounds) no entry indicating he was wounded in action. e. item 41 (Awards and Decorations) no entry for the Purple Heart. 4. He provided a certificate, dated 28 June 1971 that indicates he was awarded the Purple Heart for wounds he received in action on 24 June 1971. 5. He provided the front page of General Orders Number 1409 published on 12 July 1971 by Headquarters, 1st Infantry Brigade, 5th Infantry Division (Mechanized) that indicates he was awarded an unspecified award for action on 24 June 1971. The back page identifying the award is not present in his record. 6. His name is listed on the Vietnam casualty roster which indicates he sustained wounds in action on 24 June 1971. 7. His service record does not contain a commander's disqualification statement for the first award of the Army Good Conduct Medal. 8. The Army honorably released him from active duty on 27 August 1971 in the rank of SGT. He completed 1 year, 11 months, and 25 days of active service with no lost time. His DD Form 214 lists the following awards: * National Defense Service Medal * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * Vietnam Service Medal * Combat Infantryman Badge * Bronze Star Medal * Republic of Vietnam Campaign Medal with Device (1960) REFERENCES: 1. Army Regulation 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. Army Regulation 600-8-22 states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign. Appendix B shows that during his service in Vietnam, he participated in the following two campaigns: * Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971) * Consolidation I (1 July - 30 November 1971) 3. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. This pamphlet shows the unit to which the applicant was assigned was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 September 1968 to 30 September 1970 by Department of the Army General Order Number 5, dated 1973. 4. 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. There must have been no convictions by a court-martial. DISCUSSION: 1. The applicant provided orders that granted him an award for action on 24 June 1971; however, the back page of the orders are not available that identifies the award. His name is listed on the Vietnam casualty roster which indicates he was wounded in action on 24 June 1971 and he provided a Purple Heart certificate showing he sustained wounds in action in Vietnam on 24 June 1971. 2. The applicant's service record does not contain evidence showing his commander disqualified him for consideration of the Army Good Conduct Medal (1st Award) for the period 3 September 1969 to 25 August 1971. His record shows he received all "excellent" conduct and efficiency ratings and had no record of disciplinary action or lost time during his period of active military service. The evidence of record indicates he met the criteria for award of the Army Good Conduct Medal (1st Award). 3. The applicant's DD Form 214 currently reflects the Vietnam Service Medal; however, it does not reflect the authorized two bronze service stars to denote his participation in two campaigns. 4. The applicant's unit in Vietnam was cited for award of the Republic Gallantry Cross with Palm Unit Citation. However, his DD Form 214 does not reflect this unit award. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150015436 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150015436 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2