BOARD DATE: 29 August 2018 DOCKET NUMBER: AR20160017005 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: 29 August 2018 DOCKET NUMBER: AR20160017005 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: * Purple Heart for wounds received in action on 29 January 1967 in Vietnam * Army Good Conduct Medal (1st Award) for the period 13 May 1966 through 10 May 1968 b. deleting the entry "Vietnam Service Medal" from his awards and adding to his DD Form 214 the: * Purple Heart * Army Good Conduct Medal (1st Award) * 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. BOARD DATE: 29 August 2018 DOCKET NUMBER: AR20160017005 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. 2. He states that he was injured while in Vietnam and the injury is documented in his medical records; however he did not receive the Purple Heart. He is 70 years old and he would like to his record corrected before he dies and because he earned it. 3. He provides: * DD Form 214 * witness statement * DA Form 20 (Personnel Qualification Record), page 4 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's military records show he was inducted into the Army of the United States on 13 May 1966 and he held military occupational specialty (MOS) 11B (light weapons infantryman). 3. His DA Form 20 (Enlisted Qualification Record) shows: a. He served in Vietnam from 17 October 1966 to 16 October 1967 and was assigned to Company C, 1st Battalion, 5th Cavalry, 1st Cavalry Division (Air Mobile), from 23 October 1966 to 13 October 1967. b. He received all "excellent" conduct and efficiency ratings during his active duty service with the exception of the period from 23 October to 13 November 1966 where he received "unknown" conduct and efficiency ratings. c. Item 40 of his DA Form 20 shows he sustained a fragment wound to the left side of his face on 29 January 1967. 4. He was honorably released from active duty on 10 May 1968 in the rank of sergeant (SGT) temporary. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows, he was awarded or authorized: * Republic of Vietnam Campaign Medal with Device 1960 * Vietnam Service Medal * Air Medal * National Defense Service Medal * Army Commendation Medal * Overseas Service Bar (2) * Combat Infantryman Badge 5. His name is not shown on the Vietnam casualty roster, a battle and non-battle listing of Soldiers who were killed, wounded, sick, captured, or missing during their service in Vietnam. 6. A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), 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 any orders for the Purple Heart. 7. The applicant provides a letter from Staff Sergeant GWB. This individual stated that the applicant was under his command in Bong Son Valley, South Vietnam and that the applicant was wounded in a fire fight on 29 January 1967. He further stated that the applicant should be awarded the Purple Heart for his bravery under fire and for his sacrifice. 8. There is no evidence of derogatory information or a commander's disqualification that would have precluded the applicant from being recommended for or awarded the first award of the Army Good Conduct Medal. REFERENCES: 1. Army Regulation (AR) 672-5-1 (Decorations and 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. AR 600-200 (Military Awards), chapter 9 of the version in effect at the time, stated a brief description of wounds or injuries (including injury from gas) requiring medical treatment received through hostile or enemy action, including those requiring hospitalization would be entered in item 40 (Wounds) of the DA Form 20. This regulation further stated that the date the wound or injury occurred would also be placed in item 40. 3. AR 600-8-22, dated 25 June 2015, states a bronze service star is worn on the appropriate service ribbon for each credited campaign, to include the Vietnam Service Medal. The Vietnam campaigns are listed in appendix B. His records show his service in Vietnam coincided with two campaigns: * Vietnam Counteroffensive Phase II (1 July 1966 to 31 May 1967) * Vietnam Counteroffensive (1 June 1967 to 29 January 1968) 4. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. The pamphlet shows that Department of the Army General Orders (DAGO) 59, dated 1969, awarded the 1st Battalion, 5th Cavalry, the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 9 August 1965 to 19 May 1969. DISCUSSION: 1. The applicant requests the Purple Heart be added to his DD Form 214. 2. Although there is no medical evidence of a combat injury in the applicant's available record, item 40 of his DA Form 20 shows he sustained a fragment wound to the left side of his face on 29 January 1967. Regulatory guidance, in effect at the time, specified to enter in item 40 of the DA Form 20 the date and a brief description of wounds or injuries received through hostile or enemy action requiring medical treatment and/or hospitalization. 3. He completed an honorable period of service from 13 May 1966 to 10 May 1968. During this period he served in Vietnam and was wounded, he attained the rank of SGT, and he received all "excellent" conduct and efficiency ratings with the exception of a brief period marked as unknown. His records are void of a commander's disqualification or any derogatory information that would have disqualified him from receiving the Army Good Conduct Medal (1st Award). He meets the criteria for this award. 4. His participation in two campaigns during his service in Vietnam meets the criteria for the award of two bronze service stars for wear on his previously-awarded Vietnam Service Medal. 5. GO awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation. This award is not listed 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) AR20160017005 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160017005 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2