RECORD OF PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 18 December 2003
         DOCKET NUMBER: AR2003091578

         I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun		Director
MR. Joseph A. Adriance		Analyst

The following members, a quorum, were present:

Mr. Raymond V. O’Connor		Chairperson
Mr. James E. Anderholm		Member
Ms. Yolanda Maldonado		Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military records.

         Exhibit B - Military Personnel Records (including advisory opinion, if any).

---

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1. The applicant requests, in effect, that the Purple Heart (PH) be added to his record.

2. The applicant states, in effect, that the PH he earned for being wounded in action while serving in the Republic of Vietnam (RVN) was not included in the
list of awards contained on his 23 October 1968 separation document
(DD Form 214).

3. The applicant provides a copy of his 23 October 1968 DD Form 214 in support of his application.

CONSIDERATION OF EVIDENCE:

1. The applicant is requesting correction of an error that on 23 October 1968. The application submitted in this case is dated 15 May 2003.

2. 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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so. In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3. The applicant’s record shows that he was inducted in the Army and entered active duty on 12 July 1967. He was trained in, awarded and served in military occupational specialty (MOS) 11B (Infantryman), and the highest rank he held while serving on active duty was private first class (PFC).

4. The applicant’s Enlisted Qualification Record (DA Form 20) confirms that he served in the RVN from 19 December 1967 through 12 March 1968. Item 38 (Record of Assignments) shows that during his tour of duty in the RVN, he was assigned to Company A, 3rd Battalion, 39th Infantry Regiment, 9th Infantry Division, performing duties in MOS 11B as a Rifleman.

---

5. Item 38 of the applicant’s DA Form 20 also indicates that he was medically evacuated from the RVN and on 14 March 1968, he was placed in a patient status at Madigan General Hospital (MGH), Tacoma, Washington.

6. The medical treatment records on file in the applicant’s Military Personnel Records Jacket (MPRJ) include a clinical record prepared at MGH. This document confirms that he received bullet wounds when hit by AK-47 rounds while on a search and destroy mission in the RVN on 8 January 1968.

7. The applicant’s MPRJ contains no derogatory information that would preclude him from receiving the Army Good Conduct Medal (AGCM), and Item 38 of his DA Form 20 confirms that he received “Excellent” conduct and efficiency ratings at all of his active duty assignments.

8. The applicant was processed for separation through medical channels and on 23 October 1968, he was honorably retired by reason of temporary disability. The DD Form 214 issued to him on the date of his separation shows that he completed a total of 1 year, 3 months, and 12 days of active military service. It also includes the following list of awards he earned during his tenure on active duty: National Defense Service Medal; Vietnam Service Medal, and Expert Qualification Badge with Rifle Bar.

9. In support of his application, the applicant provides a copy of a PH certificate issued by the commander of the 3rd Field Hospital, RVN, on 10 January 1968. This document shows that he was awarded the PH for wounds he received in action on 8 January 1968, while serving as a PFC in the RVN.

10. A review of the Department of the Army (DA) Vietnam Casualty Roster shows that the applicant’s name is included in this official list of RVN casualties. The entry indicates that he was wounded in action on 8 January 1968.

11. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. Paragraph 2-8 contains the regulatory guidance pertaining to awarding the PH. It states, in pertinent part, that the PH is awarded to any member who has been wounded or killed in action.

---

12. The awards regulation defines a wound as an injury to any part of the body from an outside force or agent sustained under conditions defined by this regulation. In order to support awarding a member the PH, it is necessary to establish that the wound, for which the award is being made, required treatment by a medical officer. This treatment must be supported by records of medical treatment for the wound or injury received in action, and must have been made a matter of official record.

13. Paragraph 2-13 of the awards regulation contains guidance on award of the VSM and it states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN.

14. Table B-1 of the awards regulation contains a list of campaigns and it
shows that during the applicant’s tenure of assignment in the RVN, he was credited with participating in the Vietnam Counteroffensive Phase III and
TET Counteroffensive 1968 campaigns.

15. Chapter 4 of the same regulation prescribes the policy for award of the AGCM. It states, in pertinent part, that it is authorized for each 3 years of qualifying honorable service completed on or after 27 August 1940, however, for the first award only, a period of more than one year is a qualifying period if the award is issued at the termination of a period of Federal service. While there is no automatic entitlement to the AGCM, disqualification must be justified.

16. Chapter 8 of the awards regulation contains guidance on awarding Badges and Tabs. Paragraph 8-6 contains the criteria for awarding the Combat Infantryman Badge (CIB). It states, in pertinent part, that there are basically three requirements for award of the CIB; the soldier must be an infantryman satisfactorily performing infantry duties; must be assigned to an infantry unit during such time as the unit is engaged in active ground combat; and must actively participate in such ground combat.

---

17. Paragraph 9-19 of the awards regulation contains guidance on award of the Republic of Vietnam Campaign Medal. It states, in pertinent part, that it is awarded to members who served in the RVN for six months between 1 March 1961 to 28 March 1973. However, those members who served less than six months, but were wounded in action, were also authorized to receive this award.

18. Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict. It confirms that during his tenure of assignment in the RVN, the applicant’s unit (3rd Battalion, 39th infantry Regiment) earned the RVN Gallantry Cross Unit Citation with Palm and RVN Civil Actions Honor Medal First Class Unit Citation.

DISCUSSION AND CONCLUSIONS:

1. The evidence of record confirms that on 8 January 1968, the applicant was wounded in action, while serving as a PFC in the RVN. Therefore, the PH should be added to the applicant’s record at this time.

2. The evidence further shows that at the time the applicant was wounded in action, he was serving in an infantry MOS with a qualifying infantry unit and participating with this unit while it was engaged in action against the enemy. As a result, the applicant clearly met the criteria necessary to receive the CIB and it would be appropriate to also add this award to his record.

3. Absent derogatory information that would preclude the applicant from receiving the AGCM or a specific disqualification from any of the active duty unit commanders for whom he served, the applicant is entitled to receive the first award of the AGCM based on his qualifying period of honorable active duty service from 12 July 1967 through 23 October 1968.

4. Further, based on his service in the RVN, the applicant is also entitled to the RVN Campaign Medal with 60 Device, RVN Gallantry Cross with Palm Unit Citation, RVN Civil Actions Honor Medal First Class Unit Citation, and two bronze service stars with his Vietnam Service Medal.

---

BOARD VOTE:

__RA__ ___YM_ __RO___ GRANT RELIEF

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief and to excuse failure to timely file. 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 being wounded in action on
8 January 1968, while serving as a private first class in the RVN,

b. awarding him the first award of the Army Good Conduct Medal, for his honorable period of qualifying active duty service from 12 July 1967 through
23 October 1968;

c. awarding him the Combat Infantryman Badge, for his qualifying combat service in a qualifying infantry unit, while serving in combat in the RVN;

         d. showing that based on his service in the RVN, he is entitled to the Republic of Vietnam Campaign Medal with 60 Device, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and two bronze service stars with his Vietnam Service Medal; and

         e. providing him a corrected separation document that includes these awards.




                  Raymond V. O’Connor
                  CHAIRPERSON
                 

---

INDEX

CASE ID	AR2003091578
SUFFIX
RECON
DATE BOARDED	2003/12/DD
TYPE OF DISCHARGE	HD
DATE OF DISCHARGE	1968/10/23
DISCHARGE AUTHORITY	AR 635-200
DISCHARGE REASON	Disability
BOARD DECISION	GRANT PLUS
REVIEW AUTHORITY
ISSUES 1. 61	107.0015
2. 46	107.0000
3.
4.
5.
6.