IN THE CASE OF: BOARD DATE: 12 October 2017 DOCKET NUMBER: AR20160003786 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: 12 October 2017 DOCKET NUMBER: AR20160003786 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 for the period 9 May 1966 to 13 February 1968; c. deleting from his DD Form 214 the Vietnam Service Medal; b. adding to his DD Form 214 the following awards: * Purple Heart (2nd Award) * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with two bronze service star * Republic of Vietnam Campaign Medal with Device 1960 * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) __________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: 12 October 2017 DOCKET NUMBER: AR20160003786 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 two Purple Hearts. 2. The applicant states his DD Form 214 does not reflect his two Purple Hearts. 3. The applicant provides: * DD Form 214 * Purple Heart (2nd Award) Order * DA Form 20 (Enlisted Qualification Record) 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 May 1966. He was trained in and awarded military occupational specialty 11B (Light Weapons Infantryman). 3. His DA Form 20 (Enlisted Qualification Record) shows in: a. Item 31 (Foreign Service) he served in the Vietnam from 10 January 1967 through 9 January 1968. b. Item 33 (Appointments and Reductions) he was promoted through the ranks to specialist four (SP4/E-4) on 13 March 1967. c. Item 38 (Record of Assignments) the following: * he served with Company B, 3rd Battalion, 47th Infantry Regiment in the Vietnam from 28 January 1967 through 27 June 1967 * he was assigned as a patient to 249th General Hospital in April 1967 and to the Valley Forge General Hospital in June 1967 * he received no less than “excellent” conduct and efficiency ratings during his military service d. Item 40 (Wounds) shows the applicant sustained a punji stick laceration to his lower left leg on 26 April 1967. e. Item 41 (Awards and Decorations) includes the Vietnam Service Medal and Marksman Marksmanship Qualification Badge with Rifle Bar (M-16). It does not list the Purple Heart. 4. His military record contains Headquarters, 9th Infantry Division, General Orders Number 1798, dated 15 June 1967. This orders announced his award of the Purple Heart (2nd Award) for wounds received in connection with military operations against a hostile force on 2 May 1967. 5. On 13 February 1968, the applicant was honorably released from active duty after completing 1 year, 9 months, and 5 days of creditable active duty service. The DD Form 214 he was issued list the following awards: * Bronze Star Medal * National Defense Service Medal * Combat Infantryman Badge * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) * Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60) 6. His service record is void of any derogatory information or unit commander’s disqualification that would have precluded him from receiving the Army Good Conduct Medal. 7. During the processing of this case, a member of the Board's staff reviewed the Department of the Army Vietnam Casualty Roster. The roster contains two entries pertaining to the applicant which show he was wounded in action on 26 April 1967 and 2 May 1967. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy. a. Paragraph 2-8 contains the regulatory guidance pertaining to award of the PH. It states that in order to support award of the Purple Heart there must be evidence that the wound for which the award is being made was received as a result of enemy action, that the wound required treatment by medical personnel, and a record of this medical treatment must have been made a matter of official record. An OLC (Oak Leaf Cluster) is awarded with the Purple Heart to denote a second and/or succeeding awards. b. Paragraph 2-13 contains guidance on the Vietnam Service Medal and states it is awarded for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. Appendix B shows during the applicant’s service in Vietnam, campaign participation credit was awarded for the following two campaigns: * Vietnam Counteroffensive Phase II (1 July 1966 to 31 May 1967) * Vietnam Counteroffensive Phase III (1 June 1967 to 29 January 1968) c. Paragraph 9-14 of the awards regulation contains guidance on award of the Republic of Vietnam Campaign Medal with Device (1960). It states that this award is authorized for members who served in the Vietnam for 6 months or more during the period 1 March 1961 through 28 March 1973. Individuals who serve for less than 6 months who have been wounded by hostile forces are also entitled to receive this award. 2. Army Regulation 672-5-1 (Awards) 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. 3. Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) list the awards received by units serving in the Vietnam. This publication shows 3rd Battalion, 47th Infantry Regiment was cited for award of the: * Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 December 1966 to 31 December 1968 by Department of the Army General Orders (DAGO) 31, dated 1969 * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 to 28 June 1969 by DAGO 59, dated 1969. DISCUSSION: 1. The available records confirm the applicant was wounded in action twice. Orders awarded him the Purple Heart (2nd Award), which is not shown on his DD Form 214. 2. His DA Form 20 also shows he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16). His DD Form 214 does not reflect this badge. 3. He met the regulatory criteria for award of the Republic of Vietnam Campaign Medal with Device (1960). This award is not reflected on his DD Form 214. 4. The record shows the applicant participated in two campaigns during his service in the Republic of Vietnam. The Vietnam Service Medal listed on his DD Form 214 does not reflect two bronze service stars to indicate his campaign participation. 5. The evidence of record shows the applicant received all "excellent" conduct and efficiency ratings throughout his military service. Additionally, he had no adverse actions or commander's disqualification for award of the AGCM. Therefore, it appears he met the qualifications for the first award of the AGCM for the period 9 May 1967 to 13 February 1968. This award is not reflected on his DD Form 214. 6. General orders 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 his period of assignment. His DD Form 214 does not list these unit awards. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160003786 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160003786 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2