BOARD DATE: 11 May 2017 DOCKET NUMBER: AR20160000162 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: 11 May 2017 DOCKET NUMBER: AR20160000162 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 the period 9 April 1968 through 8 April 1970 * deleting the Vietnam Service Medal with 2 bronze service stars from his DD Form 214 * adding to his DD Form 214 the: * Purple Heart * Army Commendation Medal * Air Medal * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with 4 bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation * Expert 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: 11 May 2017 DOCKET NUMBER: AR20160000162 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 awarded the Purple Heart but it is not listed on his DD Form 214. 3. The applicant provides his DD Form 214 and an award 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 9 April 1968 and he held military occupational specialty 11B (Light Weapons Infantryman). He arrived in Vietnam on 11 September 1968 and was assigned to Company C, 1st Battalion (BN), 8th Infantry Regiment, 4th Infantry Division (ID). 3. On 26 March 1969, he was wounded in action and hospitalized. On 31 March 1969, he was medically evacuated from Vietnam and assigned as a patient to the Medical Holding Company, 249th General Hospital, Japan. 4. General Orders (GO) Number 1018, dated 5 April 1969, issued by Headquarters (HQ), 4th ID, awarded him the Purple Heart for wounds received in action on 26 March 1969. 5. On 18 April 1969, he was promoted to sergeant (SGT)/E-5. On 30 April 1969, he returned to Vietnam and was reassigned to Company C, 1st BN, 8th Infantry. 6. The following GO were issued by HQ, 4th ID: * GO Number 3998, dated 12 July 1969, awarded him the Army Commendation Medal for meritorious service in Vietnam * GO Number 5337, dated 13 August 1969, awarded him the Air Medal for meritorious service while participating in aerial flight 7. On 31 August 1969, he departed Vietnam. He was honorably released from active duty on 8 April 1970 in the rank of SGT and he was transferred to the U.S. Army Reserve. His DD Form 214 shows he completed 2 years of creditable active service with no lost time. 8. His DD Form 214 shows the: * National Defense Service Medal * Vietnam Service Medal with 2 bronze service stars * Vietnam Campaign Medal with 1960 Device * Combat Infantryman Badge 9. Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his service. Item 41 (Awards and Decorations) shows the Expert Marksmanship Qualification Badge with Rifle Bar (M-14). 10. His record is void of any derogatory information, convictions by a court-martial, or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal (1st Award). REFERENCES: 1. Army Regulation (AR) 672-5-1 (Military Awards) then in effect provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service. This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service. The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial. 2. AR 600-8-22 (Military Awards) 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. A bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in. A review of the applicant's record shows he participated in four campaigns during his service in Vietnam. 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. This pamphlet shows the 1st BN, 8th Infantry, was cited for award of the: * Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 October 1966 through 28 July 1969 by DAGO Number 3, dated 1970 * Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation for the period 1 October 1966 through 31 October 1969 by DAGO Number 53, dated 1970 DISCUSSION: 1. The evidence of record confirms GO awarded the applicant the Purple Heart, Army Commendation Medal, and the Air Medal; in addition, his DA Form 20 shows award of the Expert Marksmanship Qualification Badge with Rifle Bar (M-14). However, none of these awards or the badge are shown on his DD Form 214. 2. The evidence of record confirms he served honorably from 9 April 1968 to 8 April 1970. He served in Vietnam and he received all "excellent" conduct and efficiency ratings throughout his service. His record is void of a commander's disqualification or any derogatory information that would have disqualified him from receiving the Army Good Conduct Medal (1st Award). 3. His record confirms he participated in four campaigns during his service in Vietnam. He is authorized two additional bronze service stars for wear on his already-awarded Vietnam Service Medal. 4. GO awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation, during the period he was assigned to the unit. Neither unit award is shown on his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160000162 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160000162 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2