IN THE CASE OF: BOARD DATE: 2 January 2024 DOCKET NUMBER: AR20230006840 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forced of the United States Report of Transfer or Discharge) to add the Purple Heart. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: • DD Form 149 (Application for Correction of Military Record) • Certificate for Award of the Purple Heart, 22 December 1968 • Letter, Brooke General Hospital, Fort Sam Houston, TX, 14 January 1969 • Photo of Purple Heart Medal set and case • DD Form 214, 27 August 1970 FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code, 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, in effect, he would like his record corrected to add his Purple Heart. The Board will also consider awarding the applicant the Army Good Conduct Medal (1st Award), as a related/relevant award 3. The applicant's DD Form 214 omitted unit awards, marksmanship badges, and campaign credit which will be addressed through an administrative correction without action by the Board. 4. The applicant enlisted in the regular Army on 26 September 1967. He held military occupational specialty 11B, Light Weapons Infantryman. His DA Form 20 (Enlisted Qualification Record) - a. Items 31 (Foreign Service) and 38 (Record of Assignments) show - (1) He served in Vietnam from 20 November 1968 to 11 January 1969, and during this period he was assigned as - • a squad leader to Company B, 3d Battalion, 60th Infantry Regiment, 9th Infantry Division, Vietnam from 29 November 1968 to 28 December 1968 • a patient status to the 7th Field Hospital, United States Army Pacific Command from 29 December 1968 to 10 January 1969 • a patient status to a hospital at for Sam Houston, TX from 13 January 1969 to 24 July 1969 (2) He received all excellent conduct and efficiency ratings. b. items 29 (Qualification in Arms) and 41 (Awards and Decorations) - • he qualified as a sharpshooter with the M-14 rifle on 6 November 1967 and Special Orders (SO) 260, issued at Fort Polk, LA, on 8 November 1967 issued him the associated Badge • he qualified as an expert with the M-60 machine gun on 23 January 1968, no orders were noted • he qualified as a marksman with the M-16 rifle on 19 January 1968, no orders were noted c. item 40 (Wounds) shows - he sustained a fractured left femur and a gun shot wound to the left leg on 21 December 1968. 5 The applicant provides a photograph of his Purple Heart medal set and case and a copy of his Certificate for Award of the Purple Heart. The certificate shows he was wounded in action, in the Republic of Vietnam, on 21 December 1968. 6. His record contains a casualty report, dated 22 December 1968 and a Western Union Telefax, dated 23 December 1968 which informed the applicant's brother that the applicant was slightly wounded in Vietnam on 21 December 1968 as a result of hostile action. He received a gunshot wound to the left leg on a combat operation when he was engaged by hostile forces in a firefight. He was treated and hospitalized in Vietnam. 7. The applicant provided a letter, dated 14 January 1969, from the Brooke General Hospital, Fort Sam Houston, TX, to his brother. The letter informed the applicant's brother of his status, his location, and the steps he should take if he wished to visit the applicant in the hospital. 8. He was honorably released from active duty on 27 August 1970, in the rank/grade of sergeant/E-5. His DD Form 214 confirms his service dated in Vietnam in the remarks section and notes he completed 2 years, 11 months, and 2 days of net active service, of which 1 month and 23 days was credited as foreign service. Additionally, his DD Form 214 shows he was awarded or authorized the: • National Defense Service Medal • Parachutist Badge • Vietnam Service Medal • Republic of Vietnam Campaign Medal with Device (1960) 11. The Vietnam Casualty Roster shows the applicant was wounded in action as a result of hostile enemy action on 21 December 1968. The casualty roster shows he sustained wounds from small arms fire and was hospitalized. 12. The applicant's DA Form 20 shows he received all excellent conduct and efficiency ratings. His record does not contain any evidence of a court martial conviction, a commander's notification of disqualification, nor any other documentation that would disqualify him for award of the Good Conduct Medal (1st Award). Additionally, he was honorably released in the rank/grade of sergeant/E-5.\ BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. a. The evidence of record shows the applicant served in Vietnam from 20 November 1968 to 11 January 1969. The applicant’s name is listed on the Vietnam Casualty Roster as having been wounded in action as a result of hostile enemy action on 21 December 1968. The casualty roster shows he sustained wounds from small arms fire and was hospitalized. Additionally, his record contains a casualty report, dated 22 December 1968 and a Western Union Telefax, dated 23 December 1968 which informed the applicant's brother that the applicant was slightly wounded in Vietnam on 21 December 1968 as a result of hostile action. He received a gunshot wound to the left leg on a combat operation when he was engaged by hostile forces in a firefight. He was treated and hospitalized in Vietnam. Based on this evidence, the Board determined he clearly meets the criteria for award of the Purple Heart. b. The applicant served on active duty from 26 September 1967 to 27 August 1970, completing 1 year, 11 months, and 24 days of net active service. He served in Vietnam from November 1968 to January 1969, and he received all 'excellent' conduct and efficiency marks during his active service. His record does not contain evidence his commander disqualified him for award of the Army Good Conduct Medal (1st Award), and his record does not contain evidence of a court-martial conviction nor any other derogatory information that would disqualify him from receiving this award. The Board determined he met the criteria for award of the Army Good Conduct Medal (1st Award). BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 xx: xx: xx: GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: In addition to the corrections addressed in Administrative Note(s) below, 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: • awarding him the Purple Heart for wounds received in action in Vietnam on 21 December 1968 • awarding him the Army Good Conduct Medal (1st Award) for service during the period 26 September 1967 through 27 August 1970 • adding award of the Army Good Conduct Medal (1st Award) and Purple Heart to his DD Form 214 1/2/2024 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): administratively correct the applicant's DD Form 214 without action by the Board delete the Vietnam Service Medal and add the following awards: • Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) • Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60) • Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) • Vietnam Service Medal with one bronze service star • Republic of Vietnam Gallantry Cross with Palm Unit Citation • Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation 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 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) states: a. The Purple Heart is awarded to members of the Armed Forces of the United States who, while serving under the authority with any of the U.S. Armed Services, have been wounded, were killed, or who have died or may hereafter die of wounds received as a result of hostile enemy action. The wound, injury, or death must have been the result of hostile enemy action; the wound or injury must have required treatment, not merely examination, by a medical officer or a medical professional, provided a medical officer includes a statement in the Servicemember’s medical record that wounds would have required treatment by a medical officer if one had been available. Additionally, treatment of the wound will be documented in the Servicemember’s medical and/or health record. b. A bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign. The applicant participated in the following campaign: Vietnamese Counteroffensive Phase VI, 2 November 1968 - 22 February 1969. 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 and, for 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. 4. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows - a. 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 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973. b. The 3d Battalion of the 60th Infantry Regiment was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for the period 19 December 1966 to 28 June 1969, by Department of the Army General Order Number 59, dated 1969. //NOTHING FOLLOWS//