IN THE CASE OF: BOARD DATE: 6 April 2017 DOCKET NUMBER: AR20150016992 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: 6 April 2017 DOCKET NUMBER: AR20150016992 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 received in action in the Republic of Vietnam on 31 January 1968, b. awarding him the Army Good Conduct Medal (1st Award) for the period 17 January 1967 through 16 January 1969, and c. amending item 24 (Decorations, Medals, Badges, Commendations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to add the: * Purple Heart * Army Good Conduct Medal (1st Award) * 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: 6 April 2017 DOCKET NUMBER: AR20150016992 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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Purple Heart. 2. The applicant states he was wounded in combat in the Republic of Vietnam on 31 January 1968. 3. The applicant provides: * DD Form 214 * Department of Veterans Affairs (VA) Form 21-6796 (Rating Decision) * DA Form 8-275-2 (Clinical Record Cover Sheet) * 2 Standard Forms (SF) 502 (Clinical Record - Narrative Summary) 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 enlisted in the Regular Army on 17 January 1967. 3. His DA Form 20 (Enlisted Qualification Record) contains the following information: * item 31 (Foreign Service) shows he served in the Republic of Vietnam from 30 October 1967 through 9 February 1968 * item 38 (Record of Assignments) shows he was assigned in Vietnam to the 25th Aviation Company from 26 October 1967 to 13 February 1968 * item 40 (Wounds) contains the entry "GSW [gunshot wound] 31 Jan 68" * item 41 (Awards and Decorations) does not show award of the Purple Heart 4. Item 38 of his DA Form 20 further shows he received mostly all "excellent" conduct and efficiency ratings throughout his service. The only other ratings listed are listed as "unknown." His record does not contain any derogatory information or a commander's disqualification that would have precluded him from being recommended for the initial award of the Army Good Conduct Medal for the period 17 January 1967 through 16 January 1969. 5. His record contains a Western Union Telefax dated 3 February 1968, which notified his parents he was slightly wounded in Vietnam on 31 January 1968 as the result of hostile action. He received fragment wounds to his left shoulder and back while in base camp when fragments from a hostile mortar round hit him. 6. On 16 January 1969, he was honorably released from active duty (REFRAD) at the expiration of his term of service in the rank/grade of specialist four (SP4)/E-4. His DD Form 214 lists the following awards: * Vietnam Service Medal with 2 bronze service stars * Republic of Vietnam Campaign Medal with Device (1960) * National Defense Service Medal * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) 7. The applicant provides excerpts from his military records, which show he was wounded in the left posterior chest and right flank by a hostile forces mortar attack at 0330 hours on 31 January 1968, near Field Forces II, Republic of Vietnam. REFERENCES: 1. 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 the 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. Ratings of "unknown" for portions of the period under consideration were not disqualifying. There must have been no convictions by a court-martial. 2. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the Republic of Vietnam. During the period in which the applicant was assigned to the 25th Aviation Company his unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 22 February 1967 through 17 May 1968 by Department of the Army General Order Number 21, dated 1969. DISCUSSION: 1. The applicant provided and his official military record contains ample evidence showing he was wounded in the left posterior chest and right flank by a hostile forces mortar attack at 0330 hours on 31 January 1968 in the Republic of Vietnam; however, his DD Form 214 does not reflect the Purple Heart. 2. The evidence of record confirms he served honorably during the period 17 January 1967 through 16 January 1969. Although the evidence shows he received "unknown" conduct and efficiency ratings throughout part of his service, this is not disqualifying for award of the Army Good Conduct Medal (1st Award). His record does not contain a commander's disqualification that would have precluded him from being recommended for or awarded the Army Good Conduct Medal (1st Award), and he was honorably REFRAD in the rank/grade of SP4/E-4. As such, it appears he meets the regulatory criteria for award of the Army Good Conduct Medal (1st Award). 3. General orders awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150016992 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150016992 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2