BOARD DATE: 25 July 2017 DOCKET NUMBER: AR20160001636 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: 25 July 2017 DOCKET NUMBER: AR20160001636 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 16 November 1967 to 21 August 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: * Soldier's Medal * Purple Heart * Air Medal * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with three bronze service stars * Republic 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. BOARD DATE: 25 July 2017 DOCKET NUMBER: AR20160001636 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, Air Medal, and Soldier's Medal. 2. The applicant states his DD Form 214 does not include these awards in the Service Data section. COUNSEL'S REQUEST, STATEMENT, AND EVIDENCE: 1. Counsel requests correction of the applicant's DD Form 214 to show award of the Purple Heart, Soldier's Medal, and Air Medal. 2. Counsel states he is assisting the applicant with his desire to update and correct his awards and decorations. 3. Counsel provides: * Purple Heart Certificate * Certificate of Achievement * General Orders Number 2697 awarding the Soldier's Medal * Soldier's Medal Certificate * Air Medal Citation * Air Medal Certificate * 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 enlisted in the Regular Army on 16 November 1967. 3. His DA Form 20 (Personnel Qualification Record) contains the following information: a. Item 31 (Foreign Service) shows he served in Vietnam from 22 July 1968 to 13 May 1969. b. Item 33 (Appointments and Reductions) shows he was promoted to the rank of specialist five/pay grade E-5 on 10 June 1968. c. Item 38 (Record of Assignments) shows he was assigned to Headquarters and Headquarters Company, 11th Infantry Brigade, from 1 August 1968 to 15 February 1969; Company E, 723rd Maintenance Battalion, from 16 February to 2 March 1969; and Company B, 123rd Aviation Battalion, from 3 March to 22 April 1969 in Vietnam. He was hospitalized in a patient status from 23 April to 21 August 1969. He received all "excellent" conduct and efficiency ratings throughout his service. d. Item 40 (Wounds) does not contain any entries indicating he was wounded in action. e. Item 41 (Awards and Decorations) does not contain an entry for the Purple Heart or Air Medal. The entry "SM [Soldier's Medal] (17 Apr 69)" is listed. 4. He provided General Orders Number 2697 published on 18 April 1969 by Headquarters, Americal Division, awarding him the Soldier's Medal for action on 17 April 1969. 5. His service record contains General Orders Number 3625 published on 19 May 1969 by Headquarters, Americal Division, awarding him the Air Medal for meritorious achievement while participating in aerial flight from 3 March to 17 April 1969. 6. His service records do not include orders showing he was awarded the Purple Heart. 7. He provided a Purple Heart Certificate, dated 9 May 1969, that shows he was awarded the Purple Heart for wounds received in action in the Republic of Vietnam on 17 April 1969. 8. His name is listed on the Vietnam casualty roster and shows he was wounded in action on 17 April 1969. 9. He was honorably released from active duty on 21 August 1970 in the rank of specialist five/E-5. He completed 2 years, 9 months, and 6 days active military service with no lost time. His DD Form 214 shows the following awards: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Aircraft Crewman Badge * Sharpshooter Marksmanship Qualification Badge with Rifle Bar 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 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 worn on the Vietnam Service Medal for each credited campaign. Appendix B shows that during his service in Vietnam, participation credit was awarded for the following three campaigns: * Vietnam Counteroffensive Phase V (1 July-1 November 1968) * Vietnam Counteroffensive Phase VI (2 November 1968-22 February 1969) * Tet 69 Counteroffensive 1969 (23 February-8 June 1969) 2. 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. There must have been no convictions by a court-martial. 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 applicant's unit was cited for the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 2 November 1968 to 28 February 1969 in Department of the Army General Orders Number 2, dated 1971. DISCUSSION: 1. The applicant provided a Purple Heart Certificate showing he was awarded the Purple Heart for wounds received in action in the Republic of Vietnam on 17 April 1969. Although his service records do not contain orders awarding him the Purple Heart, his name is listed on the Vietnam casualty roster showing he was wounded in action on 17 April 1969. His entry on the Vietnam casualty roster confirms he met the criteria for award of the Purple Heart. This award is not shown on his DD Form 214. 2. General orders awarded the applicant the Soldier's Medal and Air Medal. His DD Form 214 does not reflect these awards. 3. The applicant's DD Form 214 currently reflects award of the Vietnam Service Medal; however, it does not reflect the authorized bronze service stars denoting his participation in three campaigns. 4. The applicant's unit in Vietnam was cited for award of the Republic Gallantry Cross with Palm Unit Citation. His DD Form 214 does not reflect this foreign unit award. 5. The applicant's service records do not contain evidence showing his commander disqualified him for consideration for the first award of the Army Good Conduct Medal for the period 16 November 1967 to 21 August 1970. His records show 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 available evidence indicates he met the criteria for award of the Army Good Conduct Medal (1st Award). His DD Form 214 does not reflect this 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) AR20160001636 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001636 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2