IN THE CASE OF: BOARD DATE: 10 April 2018 DOCKET NUMBER: AR20160014607 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: 10 April 2018 DOCKET NUMBER: AR20160014607 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 12 July 1966 to 11 July 1968; b. deleting from his DD Form 214 the Vietnam Service Medal; and c. adding to his DD Form 214 the: * Purple Heart * Army Good Conduct Medal (1st Award) * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) * Sharpshooter Marksmanship Qualification Badge with Pistol Bar (.45 Caliber) * Expert Marksmanship Qualification Badge with Mortar Bar (81MM) * Vietnam Service Medal with two bronze service stars * Republic of Vietnam 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. IN THE CASE OF: BOARD DATE: 10 April 2018 DOCKET NUMBER: AR20160014607 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 received the Purple Heart while on active duty. 3. The applicant provides a copy of his Purple Heart Certificate and 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 was inducted into the Army of the United States on 12 July 1966. 3. The applicant served in the Republic of Vietnam for the period 26 January 1967 to 25 January 1968. Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he was assigned to Company A, 2nd Battalion (Airborne), 327th Infantry Regiment, for the period 31 January 1967 to 20 January 1968. 4. Item 38 of his DA Form 20 further 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 receiving the initial award of the Army Good Conduct Medal for the period 12 July 1966 through 11 July 1968. 5. Special Orders Number 250, issued by Headquarters, U.S. Army Training Center, Armor, Fort Knox, KY, dated 7 September 1966, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14). 6. Special Orders Number 180, issued by Headquarters, 3rd Training Brigade, Infantry, U.S. Army Training Center, Fort Gordon, GA, on 2 November 1966, awarded him the Sharpshooter Marksmanship Qualification Badge with Pistol Bar (.45 Caliber). 7. Special Orders Number 188, issued by Headquarters, 3rd Training Brigade, Infantry, U.S. Army Training Center, Fort Gordon, GA, on 12 November 1966, awarded him the Expert Marksmanship Qualification Badge with Mortar Bar (81MM). 8. His name is shown on the Vietnam casualty roster as having sustained a wound as a result of hostile action on 21 December 1967. 9. On 11 July 1968 he was honorably released from active duty. His DD Form 214 lists the following awards: * National Defense Service Medal * Parachutist Badge * Combat Infantryman Badge * Army Commendation Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) 10. The applicant provides a Purple Heart certificate which shows he was awarded the Purple Heart for wounds received in action in the Republic of Vietnam on 21 December 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. Ratings of "unknown" for portions of the period under consideration were not disqualifying. 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 two campaigns: * Vietnam Counteroffensive, Phase II (1 July 1966 – 31 May 1967) * Vietnam Counteroffensive, Phase III (1 June 1967 – 29 January 1968) 3. 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 evidence of record confirms he served honorably during the period 12 July 1966 through 11 July 1968. His record does not contain a commander's disqualification that would have precluded 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. Special orders awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), the Sharpshooter Marksmanship Qualification Badge with Pistol Bar (.45 Caliber) and the Expert Marksmanship Qualification Badge with Mortar Bar (81MM). These badges are not listed on his DD Form 214. 3. The Vietnam Casualty Roster shows the applicant was wounded as result of hostile action in the Republic of Vietnam on 21 December 1967; however, his DD Form 214 does not reflect award of the Purple Heart. 4. The evidence of record also confirms that based on the applicant's service and campaign participation in the Republic of Vietnam, he is entitled to two bronze service stars for wear with his previously-awarded Vietnam Service Medal. The bronze service stars are not recorded on his DD Form 214. 5. The applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment. This unit award is not recorded 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) AR20160014607 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160014607 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2