RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  15 April 2008
	DOCKET NUMBER:  AR20080001388 


	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 that his record be corrected to reflect awards of the Purple Heart and the Bronze Star Medal (BSM). 

2.  The applicant states that his DD Form 214 does not reflect awards of the Purple Heart and BSM.

3.  The applicant provides a copy of his DD Form 214 and a letter from the Department of Veterans Affairs indicating that the applicant is receiving service- connected disability compensation at the 100% rate.

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 basis to waive the statute of limitations for timely filing.

2.  The applicant was born on 11 December 1941 and enlisted in Cincinnati, Ohio on 4 April 1966 for a period of 3 years and training as a Nike Test Equipment Repairer.  He completed his basic combat training at Fort Knox, Kentucky and was transferred to Redstone Arsenal, Alabama to undergo his advanced individual training (AIT).   

3.  The applicant did not successfully complete that training and was transferred to Fort Polk, Louisiana to undergo AIT as a light weapons infantryman.  He successfully completed his training and was transferred to Vietnam on 9 January 1967 for duty as a light weapons infantryman with Company A, 1st Battalion, 27th Infantry Regiment.  He was promoted to the rank of sergeant on 1 September 1967.



4.  On 19 September 1967, the applicant sustained multiple mortar fragmentation wounds.  He was initially treated at the 24th Evacuation Hospital and was then transferred to the 249th General Hospital in Japan before being transferred to Walter Reed Army Medical Center (WRAMC) on 20 October 1967.

5.  On 22 April 1968, he was honorably released from active duty (REFRAD) and was transferred to the Temporary Disability Retired List (TDRL) with a 100% disability rating.  He had served 2 years and 19 days of total active service and his DD Form 214 issued at the time of his REFRAD indicates that he was awarded the Republic of Vietnam Campaign Medal with Device (1960), the Vietnam Service Medal (VSM), the National Defense Service Medal, the Combat Infantryman Badge, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

6.  On 30 November 1971, he was removed from the TDRL and was permanently retired in the pay grade of E-5 with a 90% disability rating.

7.  A review of the available records fails to show that the applicant was ever awarded the Purple Heart or the BSM.  However, his records do show that he had excellent conduct and efficiency ratings throughout his service and his records are void of any derogatory information that would serve to disqualify him for award of the Army Good Conduct Medal (AGCM).

8.  The applicant requested correction of his records to show award of the BSM.  There are no orders or other evidence authorizing award of this decoration to the applicant.  In the absence of a proper award authority for this decoration, the applicant may request award of the BSM under the provisions of Section 1130 of Title 10, United States Code.  The applicant has been notified by separate correspondence of the procedures for applying for this decoration under Section 1130 and, as a result, the BSM will not be discussed further in this Record of Proceedings.

9.  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 by medical personnel, and the medical treatment must have been made a matter of official record.



10.  Army Regulation 672-5-1, in effect at the time, established the criteria for award of the Army Good Conduct Medal (AGCM).  It states, in pertinent part, that the AGCM was established by Executive Order 8809, 28 June 1941 and was amended by Executive Order 9323, 1943 and by Executive Order 10444, 10 April 1953 and is awarded for exemplary behavior, efficiency, and fidelity in active Federal military service.  The regulation also states, in pertinent part, that for first award only, upon termination of service on or after 27 June 1950, a period of service of less than 3 years but more than 1 year qualifies for award of the AGCM.

11.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register-Vietnam Era) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  Table 1 (Army Units in Numerical Order) of the pamphlet indicates that the applicant’s unit was subsequently awarded the Meritorious Unit Commendation (MUC), the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation and the Republic of Vietnam Civil Actions Honor Medal – First Class (RVNCAHM-FC) Unit Citation during the period he was assigned to the unit.  Additionally, he participated in two campaigns while assigned to Vietnam and is entitled to be awarded two bronze  service stars for wear on his already-awarded VSM. 
   
DISCUSSION AND CONCLUSIONS:

1.  The evidence of record clearly shows that the applicant was wounded as a result of enemy action on 19 September 1967 in Vietnam and that he was medically evacuated for treatment and he was subsequently retired as a result of permanent physical disability.  Accordingly, he is entitled to be awarded the Purple Heart for wounds received on 19 September 1967 and to have that award added to his records at this time. 

2.  After carefully examining the applicant’s record of service, it was determined that the applicant should have received the AGCM for his service from 4 April 1966 through 22 April 1968.  This conclusion is based on the fact that the record is void of any derogatory information which would preclude the applicant from being awarded the AGCM and the lack of any specific action by the applicant’s unit commander to disqualify him from receiving the award.  
 


3.  The applicant not receiving the AGCM was likely the result of an administrative error as opposed to it being the result of a conscious disqualification by any of the unit commanders for which he served.  Therefore, in the interest of justice, this error should be corrected and the applicant should receive the AGCM at this time. 

4.  Additionally, the evidence of record also establishes that the applicant is entitled to awards of the RVNGC w/Palm Unit Citation, the RVNCAHM-FC Unit Citation and two bronze service stars for wear on his already-awarded VSM to denote his campaign participation.
  
BOARD VOTE:

__PHM __  __KSJ__  __JGH__   GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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 awarding him the Purple Heart for wounds received in action against a hostile enemy in Vietnam on 19 September 1967; by awarding him the AGCM for the period of 4 April 1966 to 22 April 1968; and by awarding him the RVNGC w/Palm Unit Citation, the RVNCAHM-FC Unit Citation, and two bronze service stars for wear on his already-awarded VSM.

2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.




      ___        PHM                ___
                CHAIRPERSON
ABCMR Record of Proceedings (cont)                                         AR20080001388



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