IN THE CASE OF: BOARD DATE: 5 September 2018 DOCKET NUMBER: AR20170001669 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: 5 September 2018 DOCKET NUMBER: AR20170001669 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 incurred as a result of hostile action on 5 October 1968; b. awarding him the Army Good Conduct Medal (1st Award) for the period 26 July 1966 to 25 July 1969; b. deleting from the applicant's DD Form 214 the Vietnam Service Medal; c. adding to the applicant's DD Form 214: * Purple Heart * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with one silver service star * Republic of Vietnam Campaign Medal with Device (1960) * Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd award) * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Sharpshooter Marksmanship Qualification Badge with Rifle Bar ___________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: 5 September 2018 DOCKET NUMBER: AR20170001669 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 award of the Purple Heart. 2. The applicant states he was shot by the enemy under hostile action. He now has lung cancer and would like to receive his Purple Heart. They were in combat and the information was not received by the right people to issue the award. 3. The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 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 served on active duty in the Regular Army from 26 July 1966 through 25 July 1969. 3. The applicant's DA Form 20 (Enlisted Qualification Record) shows: * advancement to specialist four, E-4 * assignment in Vietnam to Company E, 1st Battalion (Airborne), 501st Infantry Regiment, from 16 December 1967 to 20 October 1968, during which period he participated in four campaigns * assignment as a patient to 249th General Hospital Japan, from 20 October 1968 to 24 November 1968 with transfer to Ireland Army Hospital from 25 November 1968 to 25 February 1969 * at item 40 (Wounds), he incurred a gunshot wound to his right shoulder on 5 October 1968 * his conduct and efficiency ratings as excellent * award of the: * National Defense Service Medal * Parachutist Badge * Sharpshooter Marksmanship Qualification Badge with Rifle Bar * Vietnam Service Medal * Combat Infantryman Badge 4. The applicant was honorably released from active duty on 25 July 1969. His DD Form 214 lists his awards as: * National Defense Service Medal * Parachutist Badge * Vietnam Service Medal * Combat Infantryman Badge 5. A review of the Vietnam Casualty List found the applicant's name. It states he was wounded on 5 October 1968 with a description of "Hostile wounded in action: serious hospitalized." 6. Department of the Army Pamphlet 672–3 (Unit Citation and Campaign Participation Credit Register) shows that while the applicant was assigned to 1st Battalion, 501st infantry Regiment, it was authorized the: * Republic of Vietnam Gallantry Cross with Palm Unit Citation (for two periods) * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation 7. The applicant's record contains no derogatory entries, disciplinary actions, nonjudicial punishments, or court-martials that would suggest he was considered not eligible for award of the Army Good Conduct Medal. REFERENCES: 1. Army Regulation 672-5-1 (Awards), in effect at the time, stated: a. 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 or, 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. b. The Purple Heart is awarded for a wound sustained while in action against the enemy or as a result of hostile action. 2. Army Regulation 600-8-22 (Military Awards) states: a. The Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Republic of Vietnam to members of the armed forces who served at least 6 months in Vietnam or who, because of wounds or capture were prevented from serving the required 6 months. b. A bronze service star is authorized for wear on the Vietnam Service Medal for participation in each credited campaign. c. Not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual. This precludes wear of the Vietnamese Fourragere which represents additional unit awards of the Republic of Vietnam Gallantry Cross Unit Citation. Although wear of multiple awards of this unit citation badge is not authorized, official military personnel and historical records will indicate all awards received. DISCUSSION: 1. The applicant distinguished himself by his conduct, efficiency and fidelity as evidenced by his combat service, his conduct and efficiency ratings, his personal decorations, and his advancement to pay grade E-4. The record contains no indication of any disqualifying incidents or recommendations precluding award of the Army Good Conduct Medal. 2. The applicant was wounded in action on 5 October 1968. His records do not show that he received the Purple Heart for this combat incurred wound. 3. The applicant served in Vietnam during four campaign periods and is authorized to wear four bronze service stars on his Vietnam Service Medal. His DD Form 214 does not reflect these service stars. 4. The applicant's award of the Sharpshooter Qualification Badge with Rifle Bar was omitted from his DD Form 214. 5. The applicant served in Vietnam for 11 months and is authorized award of the Republic of Vietnam Campaign Medal with Device (1960). 6. The applicant is also authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd award) 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) AR20170001669 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170001669 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2