IN THE CASE OF: BOARD DATE: 4 January 2019 DOCKET NUMBER: AR20170007881 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :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: 4 January 2019 DOCKET NUMBER: AR20170007881 APPLICANT'S REQUEST AND STATEMENT: 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. The applicant states the Purple Heart was awarded to him on 2 February 1968, but it was not listed on his DD Form 214. THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552) with supporting document(s): * Purple Heart Certificate, dated 5 February 1968 * DD Form 214 2. Evidence from the applicant's service record and Department of the Army and Department of Defense records and systems: * DD Form 47 (Record of Induction), dated 9 June 1966 * DA Form 20 (Enlisted Qualification Record) REFERENCES: 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. 2. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a.  The Purple Heart is awarded for a wound sustained as a result of hostile action. Substantiating evidence must be provided to verify the wound was the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record. b.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. c.  A bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in. 3. 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. 4. Department of the Army Pamphlet 672-3 (Unit Citations and Campaign Participation Credit Register) lists the awards received by units serving in the Republic of Vietnam. This pamphlet shows Company C, 43d Signal Battalion (Support), was awarded the Meritorious Unit Commendation for exceptionally meritorious achievement in the Republic of Vietnam during the period 1 April 1967 to 31 May 1968 in Department of the Army General Orders Number 73, dated 1968. DISCUSSION: 1. While 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 8 June 1966. 3. He served in Vietnam during the period 9 March 1967 to 4 March 1968 while assigned to Company C, 43d Signal Battalion (Support), and he participated in three campaigns. 4. He provided a Purple Heart Certificate, dated 5 February 1968, showing he was awarded the Purple Heart for wounds received in action in the Republic of Vietnam on 2 February 1968. 5. His DA Form 20 shows in: * item 38 (Record of Assignments) – he received all "excellent" conduct and efficiency ratings * item 40 (Wounds) – no entries * item 41 (Awards and Decorations) – * National Defense Service Medal * Vietnam Service Medal * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * Republic of Vietnam Campaign Medal with Device (1960) 6. On 7 March 1968, he was honorably released from active duty. He completed 1 year and 9 months of total active service. His DD Form 214 shows he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M14) * two overseas service bars 7. His name is listed on the Department of the Army Office of the Adjutant General Casualty Division Casualty Reference Name Listing for the period 1 January 1961 through 30 June 1973, a battle and non-battle listing of Soldiers who were killed, wounded, sick, captured, or missing during their service in Vietnam. His information was recorded as follows: * Casualty Status Code – 23 (Hostile Wounded in Action: Not Serious Hospitalized) * Major Attributing Cause Code – H (Not Booby Trap Connected: None of the Above) * Complementary Cause Code – C (Artillery/Mortar) * Date of Casualty and Report of Casualty – 2 February 1968 8. His records are void of orders awarding him the Purple Heart. 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 Awards and Decorations Branch, failed to reveal orders awarding him the Purple Heart. 10. The Purple Heart Certificate he provided combined with the entry on the Vietnam casualty roster are sufficient to show he met the eligibility criteria and was awarded the Purple Heart. 11. His records are void of orders awarding him the Army Good Conduct Medal (1st Award). 12. There is no evidence of any derogatory information or a commander's disqualification that would have precluded him from being recommended for or awarded the first award of the Army Good Conduct Medal. He met the eligibility criteria for the first award of the Army Good Conduct Medal. 13. He was awarded the Vietnam Service Medal and he participated in three campaigns. His DD Form 214 does not show three bronze service stars with his award of the Vietnam Service Medal. 14. The unit to which he was assigned in Vietnam was awarded the Meritorious Unit Commendation during his period of assignment. His DD Form 214 does not show this unit award. 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 8 June 1966 through 7 March 1968, b.  deleting award of the Vietnam Service Medal from his DD Form 214, and c.  adding the following awards to his DD Form 214: * Purple Heart * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with three bronze service stars * Meritorious Unit Commendation I certify that herein is recorded the true and complete record of the proceedings //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160005706 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170007881 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2