BOARD DATE: 27 March 2018 DOCKET NUMBER: AR20160012896 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: 27 March 2018 DOCKET NUMBER: AR20160012896 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 his period of service from 19 October 1966 to 17 September 1968; a. deleting from his DD Form 214 the Vietnam Service Medal; and c. adding to his DD Form 214 the: * Purple Heart * Army Commendation Medal * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with three 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: 27 March 2018 DOCKET NUMBER: AR20160012896 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 and Army Commendation Medal. 2. The applicant states the awards are missing from his DD Form 214. 3. The applicant provides: * DD Form 214 * Purple Heart Certificate * Army Commendation Medal 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 19 October 1966. 3. He served in the Republic of Vietnam during the period 28 March 1967 through 21 March 1968, where he served with Battery A, 7th Battalion, 11th Artillery Regiment during the period 14 April 1967 to 19 March 1968. 4. General Orders Number 2132 issued by Headquarters, 25th Infantry Division, on 1 April 1968, awarded him the Army Commendation Medal. 5. Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) indicates he was wounded in the left arm, back, and the back of the neck on 17 September 1967. Item 41 (Awards and Decorations) does not show award of the Purple Heart or Army Commendation Medal. 6. Item 38 (Record of Assignments) of the applicant's DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his service. His record does not contain any derogatory information or a commander's disqualification that would have precluded him from being recommended for or awarded the initial award of the Army Good Conduct Medal. 7. He was honorably released from active duty on 17 September 1968 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his service obligation. He completed 1 year, 10 months, and 29 days of total active service. The DD Form 214 he was issued at the time shows he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Overseas Service Bar * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) 8. His name is shown on the Vietnam casualty roster as having sustained an artillery/mortar wound as a result of hostile action on 17 September 1967. 9. A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the U.S. Army Human Resources Command Military Awards Branch, failed to reveal Purple Heart orders for him. 10. The applicant provides a copy of a Purple Heart certificate showing he was wounded in action on 17 September 1967. 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. There must have been no convictions by a court-martial. 2. Army Regulation 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. Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations. This same regulation states a bronze service star is authorized with the Vietnam Service Medal award for each Vietnam campaign a member is credited with participating in. Appendix B shows that during his service in Vietnam, participation credit was awarded for the following three campaigns: * Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967) * Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968) * Tet Counteroffensive (30 January 1968 - 1 April 1968) 3. 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. a. Paragraph 6d, states Department of the Army General Orders (DAGO) Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam, and its subordinate units for the period 20 July 1965 to 28 March 1973; and b. Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 31 March 1966 through 21 January 1970 by DAGO Number 51, dated 1971. DISCUSSION: 1. The evidence of record confirms he served honorably during the period 19 October 1966 through 17 September 1968. His record does not contain a commander's disqualification precluding him from being recommended for or awarded the Army Good Conduct Medal (1st Award). As such, it appears he meets the regulatory criteria for award of the Army Good Conduct Medal (1st Award). 2. The evidence clearly shows the applicant was wounded in action under conditions meeting the criteria for award of the Purple Heart. The Purple Heart was not recorded on his DD Form 214. 3. General orders awarded him the Army Commendation Medal. 4. The record shows the applicant participated in three campaigns during his service in the Republic of Vietnam. However, the Vietnam Service Medal listed on his DD Form 214 does not reflect any bronze service stars to indicate his campaign participation. 5. 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160012896 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160012896 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2