IN THE CASE OF:	  

	BOARD DATE:	  29 May 2008

	DOCKET NUMBER:  AR20080000540 


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 that the Purple Heart be added to his DD Form       214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states that the Purple Heart is his most important decoration and it should be listed on his DD Form 214.

3.  The applicant provides a Purple Heart award certificate and a copy of his    DD Form 214.

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 was inducted into the Army on 19 October 1965.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  The applicant arrived in Vietnam and was assigned to Company A, 3d Battalion, 21st Infantry, 196th Infantry Brigade on 15 July 1966.  He was reassigned to Company B, 4th Battalion, 25th Infantry, 25th Infantry Division on 29 December 1966.

4.  The applicant provided a certificate showing he was awarded the Purple Heart for wounds received in action on 14 April 1967.

5.  Item 40 (Wounds) of the applicant’s DA Form 20 (Enlisted Qualification Record) shows he received fragmentation wounds in the upper left arm on         14 April 1967.  His name is listed on the Vietnam Casualty Roster as being wounded by hostile action on 14 April 1967, not serious, hospitalized.

6.  The applicant departed Vietnam on 21 July 1967 after being credited with participation in two campaigns.

7.  On 21 July 1967, the applicant was honorably released from active duty, in the rank and grade of Sergeant, E-5, after completing 1 year, 9 months, and       3 days of creditable active service with no lost time.  

8.  The applicant’s DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with device (1960), the Sharpshooter Marksmanship Qualification Badge (Rifle M-14), the Combat Infantryman Badge, and two overseas service bars.

9.  The applicant’s records contain no derogatory information.  His DA Form      20 shows his conduct and efficiency were rated as “excellent” throughout his service.

10.  Army Regulation 600-8-22 (Military Awards) provides for award of the Purple Heart for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that 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.

11.  Army Regulation 600-8-22 authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation.  Authorized bronze service stars will be worn on the appropriate campaign or service medal, including the Vietnam Service Medal.  
12.  Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that 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 the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a Soldier’s conduct and efficiency ratings must have been rated as “excellent” for the entire period of qualifying service.

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that, at the time of the applicant's assignment to the 4th Battalion, 23d Infantry, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period April 1966 through August 1968 by Department of the Army General Order Number 48, dated 1971.

14.  Department of the Army Pamphlet 672-3 also shows that, at the time of the applicant's assignment to the 4th Battalion, 23d Infantry, it was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 30 April 1966 through 21 January 1970 by Department of the Army General Order Number 51, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  The applicant provided an award certificate to show he was awarded the Purple Heart, and the Vietnam Casualty Roster confirms he was wounded in action on 14 April 1967.  Therefore, the Purple Heart should be added to his DD Form 214.

2.  The applicant was credited with participation in two campaigns.  Therefore, he is eligible to wear two bronze service stars on his Vietnam Service Medal and his DD Form 214 should be amended to reflect this.

3.  The applicant was honorably released from active duty after completing over 21 months of creditable active service with no lost time and in the rank and grade of Sergeant, E-5.  His records contain no derogatory information, and his conduct and efficiency were rated as “excellent” throughout his service.  It appears he met the eligibility criteria for award of the Army Good Conduct Medal for the period 19 October 1965 through 21 July 1967.

4.  The applicant was assigned to a unit during a period of time that unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  These unit awards should be added to his DD Form 214.
BOARD VOTE:

___xx___  ___xx___  ___xx___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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 first award of the Army Good Conduct Medal for the period 19 October 1965 through 21 July 1967; and

     b.  by amending his DD Form 214 to add the Purple Heart, the Army Good Conduct Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and to show he is eligible to wear two bronze service stars on his already-awarded Vietnam Service Medal.




 _    ______xxx _____________
       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.



ABCMR Record of Proceedings (cont)                                         AR20080000540





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ABCMR Record of Proceedings (cont)                                         AR20080000540



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