BOARD DATE: 13 April 2017 DOCKET NUMBER: AR20150017135 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: 13 April 2017 DOCKET NUMBER: AR20150017135 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 exemplary behavior, efficiency, and fidelity during the period 27 February 1969 through 28 November 1970; b. deleting award of the Vietnam Service Medal from his DD Form 214; and c. adding the following awards to his DD Form 214: * Bronze Star Medal * Purple Heart * Army Commendation Medal * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with four bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class 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. BOARD DATE: 13 April 2017 DOCKET NUMBER: AR20150017135 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 award of the Purple Heart, Bronze Star Medal, and any other authorized awards. 2. The applicant states he received the Purple Heart and Bronze Star Medal in Vietnam in 1969/1970. Other awards are also missing from his DD Form 214. 3. The applicant provides his Purple Heart Certificate. 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 27 February 1969. He arrived in Vietnam on 16 September 1969. His DA Form 20 (Enlisted Qualification Record) shows he was assigned to the following units in Vietnam: * Headquarters and Headquarters Company, 3d Battalion (Airmobile), 506th Infantry Regiment, from 29 September 1969 to 17 October 1969 * Company B, 3d Battalion (Airmobile), 506th Infantry Regiment, from 18 October 1969 until he was hospitalized on 22 April 1970 3. Item 38 (Record of Assignments) of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his service. 4. Item 40 (Wounds) of his DA Form 20 shows the entry "LACERATIONS TO FACE AND SCALP (NO EYE DAMAGE)" on 8 April 1970. 5. Headquarters, 101st Airborne Division (Airmobile), General Orders Number 3470, dated 27 March 1970, awarded him the Army Commendation Medal for meritorious achievement during the period 1 October 1969 to 28 February 1970. 6. He departed Vietnam on 19 July 1970. He participated in four campaigns during his assignment in Vietnam. 7. Headquarters, 101st Airborne Division (Airmobile), General Orders Number 8686, dated 4 August 1970, awarded him the Bronze Star Medal for meritorious service during the period 1 October 1969 to 31 July 1970. 8. Headquarters, U.S. Army Personnel Center, Special Orders Number 332, dated 28 November 1970, released him from active duty on 28 November 1970. His DD Form 214 shows he was honorably released from active duty in the rank of sergeant after completing 1 year, 9 months, and 2 days of creditable active service with no lost time. 9. His DD Form 214 also shows he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) 10. The Vietnam casualty roster shows he was wounded in action on 8 April 1970. 11. There are no orders for the Purple Heart in his available records. 12. There is no evidence indicating he was awarded the first award of the Army Good Conduct Medal. There also is no evidence of any disciplinary action or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. 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. A bronze service star is authorized with award of the Vietnam Service Medal for each campaign a member is credited with participating in. 2. Army Regulation 600-200 (Enlisted Personnel Management System), 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 of the DA Form 20. This regulation further stated the date the wound or injury occurred would also be entered in item 40. 3. 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. 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. 4. 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 3d Battalion, 506th Infantry Regiment, was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 18 March 1968 to May 1970 by Department of the Army General Orders Number 48, dated 1971. 5. Department of the Army General Orders Number 8, dated 1974, awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973. DISCUSSION: 1. The entry on the Vietnam casualty roster, the entry on the applicant's DA Form 20, and the Purple Heart Certificate showing he was wounded as a result of hostile action in Vietnam on 8 April 1970 confirm his eligibility for award of the Purple Heart. His DD Form 214 does not show this medal. 2. Orders awarded him the Bronze Star Medal and Army Commendation Medal. These medals are not shown on his DD Form 214. 3. He participated in four campaigns during his service in Vietnam and is authorized four bronze service stars with his award of the Vietnam Service Medal. These service stars are not shown on his DD Form 214. 4. He completed 21 months of active service ending with his release from active duty on 28 November 1970. He received all "excellent" conduct and efficiency ratings and his records contain no adverse information or a commander's disqualification statement for the first award of the Army Good Conduct Medal. He appears to have met the eligibility criteria for the first award of the Army Good Conduct Medal. This award is not shown on his DD Form 214. 4. His Vietnam unit was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period in which he was assigned. His DD Form 214 does not show this unit award. 5. The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam. The applicant served in Vietnam during a qualifying period. His DD Form 214 does not show 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) AR20150017135 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150017135 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2