IN THE CASE OF: BOARD DATE: 30 September 2022 DOCKET NUMBER: AR20220002269 APPLICANT’S REQUEST: In effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show all awards he is authorized. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states he was wounded in action, and he was sent to a field hospital where he received an operation and spent several days. Then he was evacuated to Camp Zama, Japan. He never received any service medals, and they are not noted on his DD Form 214. 3. The applicant provides a copy of his DD Form 214. 4. A review of the applicant’s service record shows: a. He was inducted into the Army of the United States on 4 November 1964. He held military occupational 91A (Medical Corpsman). He served in the Republic of Vietnam from on or about 4 January 1966 to 12 October 1966. He was attached to Company B, 1st Battalion, 14th Infantry from Headquarters and Headquarters Company, 1st Battalion, 14th Infantry. b. Twenty Fifth Infantry Division, Special Orders Number 136, dated 8 June 1965, announced award of the Marksman Marksmanship Qualification Badge, Rifle (M-14). This award will be addressed in the Administrative Notes portion of the Record of Proceeding. 5. His name is listed on The Adjutant General's Office Casualty Division Casualty Reference Name Listing, showing he was wounded on 3 April 1966, as a result of hostile action, not serious, not hospitalized. This is a list of Vietnam era casualties commonly used to verify entitlement to award of the Purple Heart. 6. His DA Form 20 (Enlisted Qualification Record) shows in: * Item 38 (Record of Assignment) – he received excellent conduct and efficiency ratings * item 39 (Awards and Decorations) – Vietnam Service Medal, Republic of Vietnam Campaign Medal, and National Defense Service Medal * Item 40 (Wounds) – no entry documenting an injury or a date of injury 7. On 12 October 1966, he was honorably released from active duty. His DD Form 214 shows he was awarded or authorized the: * Vietnam Service Medal * Vietnam Campaign Medal * National Defense Service Medal 8. He meets the criteria for the following awards, which are not listed on his DD Form 214: * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Two bronze service stars to be worn on the Vietnam Service Medal 9. By regulation (AR 600-8-22), the Purple Heart is awarded for a wound sustained in action against an enemy or 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 medical personnel, and the medical treatment must have been made a matter of official record. 10. U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) stated the authority to award the Purple Heart was delegated to hospital commanders. It directed that all personnel treated and released within 24 hours would be awarded the Purple Heart by the organization to which the individual was assigned. Personnel requiring hospitalization in excess of 24 hours or evacuation from Vietnam would be awarded the Purple Heart directly by the hospital commander rendering treatment. 11. Department of the Army General Orders Number 8, dated 1974, announced award of 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 * Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973 12. AR 600-8-22 (Military Awards) states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign. The applicant participated in the following campaigns: Vietnam Counteroffensive (25 December 1965 - 30 June 1966) and Vietnam Counteroffensive Phase (1 July 1966 - 31 May 1967) 13. AR 672-5-1 (Military Awards) in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service. This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service. The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found that relief was warranted. Board members thoroughly reviewed the applicant's statement, supporting evidence, and the service record. a. The evidence of record shows the applicant’s name is listed on The Adjutant General's Office Casualty Division Casualty Reference Name Listing, showing he was wounded on 3 April 1966, as a result of hostile action, not serious, not hospitalized. This is a list of Vietnam era casualties commonly used to verify entitlement to award of the Purple Heart. Based on this evidence, he meets the criteria for award of the Purple Heart. b. The applicant served honorably from 4 November 1964 to 12 October 1966, completing 1 year, 11 months, and 9 days of active service. He received excellent conduct and efficiency ratings and there are no derogatory information on file that would have disqualified him from receiving his first award of the Army Good Conduct Medal. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 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, in addition to the corrections addressed in Administrative Note(s) below, by: * awarding him the Purple Heart for wounds received in action on 3 April 1966 in Vietnam * awarding him the Army Good Conduct Medal (1st Award) for service during the period 4 November 1964 through 12 October 1966 * adding to his DD Form 214 the Purple Heart and Army Good Conduct Medal (1st Award) 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. ADMINISTRATIVE NOTE(S): 1. AR 635-5 (Separation Documents), in effect at the time, stated the DD Form 214 was to list all decorations, service medals, campaign credits, and badges awarded or authorized. 2. As a result, amend his DD Form 214, ending on 12 October 1966, by adding the Marksman Marksmanship Qualification Badge Rifle (M-16), Republic of Vietnam Gallantry Cross with Palm Unit Citation, and 2 bronze service stars to be worn on the Vietnam Service Medal. REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. AR 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained in action against an enemy or 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 medical personnel, and the medical treatment must have been made a matter of official record. Examples of enemy-related injuries include injury caused by enemy bullet, shrapnel, or other projectile created by enemy action; injury caused by enemy placed mine or trap; injury caused by enemy released chemical, biological, or nuclear agent; injury caused by vehicle or aircraft accident resulting from enemy fire; and/or concussion injuries caused as a result of enemy generated explosions. 3. U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) stated the authority to award the Purple Heart was delegated to hospital commanders. It directed that all personnel treated and released within 24 hours would be awarded the Purple Heart by the organization to which the individual was assigned. Personnel requiring hospitalization in excess of 24 hours or evacuation from Vietnam would be awarded the Purple Heart directly by the hospital commander rendering treatment. 4. 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 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. Service school efficiency ratings based upon academic proficiency of at least “Good” rendered subsequent to 22 November 1955 were not disqualifying. There must have been no convictions by a court-martial. However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220002269 1 ABCMR Record of Proceedings (cont) AR20220002269 1