RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  24 April 200
	DOCKET NUMBER:  AR20080000610 


	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.




Director



Analyst
      The following members, a quorum, were present:



Chairperson



Member



Member
	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 award of the Purple Heart.

2.  The applicant states, in effect, that his records should support his claim that he was wounded in action while serving in the Republic of Vietnam (RVN) on
2 September 1968.  He adds he was not aware of the Department of Veterans Affairs (VA) benefits associated with award of the Purple Heart.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), with an effective date of
14 November 1969.

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's military service records show that he was inducted into the U.S. Army on 15 November 1967.  Upon completion of basic combat training and advanced individual training, he was awarded military occupational specialty (MOS) 11D (Armor Intelligence Specialist).

3.  The applicant's military service records contain a DA Form 20 (Enlisted Qualification Record).  Item 31 (Foreign Service) shows that he was assigned to the Republic of Vietnam (RVN) from 23 April 1968 through 22 September 1968.  Item 38 (Record of Assignments) of this document shows, in pertinent part, that he was assigned to Troop C, 1st Squadron, 10th Cavalry in the RVN from 6 May 1968 through 21 September 1968 and transferred as a patient to the Medical Hold Company, Walter Reed General Hospital, Walter Reed Army Medical Center, Washington, District of Columbia on 22 September 1968.  Item 39 (Campaigns) of this document shows that he participated in the Vietnam Counteroffensive Phase IV and Vietnam Counteroffensive Phase V campaigns.  Item 40 (Wounds) shows he sustained fragment wounds to his left hand, side, wrist, and head on 2 September 1968.  Item 41 (Awards and Decorations) shows he was awarded the National Defense Service Medal, Vietnam Service Medal, and Marksman Marksmanship Qualification Badge with Rifle Bar.

4.  The applicant’s military service records contain a copy of Headquarters, U.S. Army Vietnam, Casualty Message, date-time-group 021939Z September 1968.  This document shows that the applicant was not seriously injured when he sustained multiple fragment wounds to the left hand, left side, left wrist, and head when he came under hostile rocket attack at 0045 hours, on 2 September 1968, while setting up a field location in the RVN.  This document also shows the applicant was treated at the 8th Field Hospital in the RVN.

5.  The applicant’s military service records contain a copy of a Western Union Telegram from Major General Kenneth G. W_____, The Adjutant General, Department of the Army, dated 3 September 1968.  This document shows the applicant’s parents were notified and provided the following message, “[t]he Secretary of the Army has asked me to inform you that your son, Private First Class Leo A. H_______ was slightly wounded in Vietnam on 2 September 1968 as a result of hostile action.  He received multiple fragment wounds to the left hand, the left side, the left wrist, and the head.  He was on a combat operation when unit came under hostile rocket attack.”

6.  There are no orders in the applicant’s military service records showing that he was awarded the Purple Heart.  However, the applicant's name is listed on The Adjutant General Office, Casualty Division's Vietnam Casualty Roster, as being wounded in action on 2 September 1968.

7.  The applicant's DD Form 214, issued at the time of his separation, shows in Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) that he was awarded the National Defense Service Medal and Vietnam Service Medal with 2 bronze service stars.  This document also shows the applicant was honorably released from active duty on 14 November 1969 after completing a total of 2 years net active service.

8.  A review of the applicant's records reveals that he may be authorized additional awards that are not shown on his DD Form 214.

9.  The applicant’s military service records contain a copy of Headquarters, U.S. Army Training Center, Infantry, Fort Benning, Georgia, Special Orders Number 12, dated 13 January 1968.  These orders show, in pertinent part, the applicant was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar.
10.  There is no evidence the applicant received the first award of the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.  His records do not contain any adverse information and he received conduct and efficiency ratings of “excellent” throughout his service.

11.  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 Troop C, 1st Squadron, 10th Cavalry (RVN), the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters, Department of the Army, General Orders Number 3 (1970).  This document also shows that at the time of the applicant’s assignment to the unit, the unit was awarded the Republic of Vietnam Civil Actions Honor Medal First Class by Headquarters, Department of the Army, General Orders Number 53 (1970).

12.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or 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, and the medical treatment must have been made a matter of official record.

13.  Army Regulation 600-8-22 provides, in pertinent part, that the Good Conduct Medal is awarded to individuals who distinguish themselves by their exemplary conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  After 27 June 1950 to the present time, the current standard for award of the Good Conduct Medal is 3 years of qualifying service, but as little as 1 year is required for the first award in those cases when the period of service ends with the termination of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  

14.  U.S. Army Vietnam Regulation Number 672-2 (Foreign Awards and Decorations) provided for the processing of foreign awards and decorations presented to individuals and units.  It states, in pertinent part, that the Republic of Vietnam Gallantry Cross Unit Citation was awarded in four degrees:  with Palm, with Gold Star, with Silver Star, and with Bronze Star.

15.  Army Regulation 600-8-200 provides, in pertinent part, that the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation is awarded by the Vietnamese Government as a unit award for meritorious service.  

16.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia), in pertinent part, states that unit awards are authorized for permanent wear by an individual who was assigned and present for duty with the unit at any time during the period cited or who was attached by competent orders to and present for duty with the unit during the entire period or at least 30 consecutive days of the period cited.

17.  Army Regulation 600-8-22, in pertinent part, sets forth requirements for award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified.  The qualification badges are in three classes:  Expert, Sharpshooter, and Marksman.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that he is entitled to correction of his records to show award of the Purple Heart because he was wounded in action on
2 September 1968 while serving in the RVN.

2.  The evidence of record shows that the applicant was wounded in action, on
2 September 1968, and sustained multiple fragment wounds to the left hand, left side, left wrist while on a combat operation in the RVN.  The evidence of record also shows the applicant was treated for his wounds and medically evacuated from the RVN.  Therefore, in view of the foregoing, the applicant’s records should be corrected to show award of the Purple Heart.

3.  The evidence of record shows the applicant completed a qualifying period of active duty enlisted service for award of the Good Conduct Medal.  Therefore, his records should be corrected to show award of the Good Conduct Medal.

4.  General Orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, it would be appropriate to correct his records to show this foreign unit award.

5.  General Orders awarded the applicant's unit the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, it would be appropriate to correct his records to show this foreign unit award.

6.  Special Orders awarded the applicant the Marksman Marksmanship Qualification Badge with Rifle Bar.  Therefore, his records should be corrected to show this qualification badge.

BOARD VOTE:

JS_____  WDS_____  LCB____  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 the applicant the Purple Heart for wounds received as a result of hostile action on 2 September 1968 in the Republic of Vietnam;

      b.  awarding the applicant the Good Conduct Medal for exemplary conduct, efficiency, and fidelity during the period 15 November 1967 through
14 November 1969; and
      
      c.  adding to Item 24 of his DD Form 214 the Purple Heart, Good Conduct Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and Marksman Marksmanship Qualification Badge with Rifle Bar.




      _____    _J S_______
                CHAIRPERSON

ABCMR Record of Proceedings (cont)                                         AR20080000610



2


DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
ARLINGTON, VA  22202-4508