RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  29 April 2008
	DOCKET NUMBER:  AR20080003605 


	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.


	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, award of the Purple Heart for injuries he sustained on 6 March 1969 and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to reflect this award. 

2.  The applicant states, in effect, that he was injured on 6 March 1969 and should be awarded the Purple Heart for his injuries. 

3.  The applicant provides a copy of his DD Form 214, a letter from a former medic, and a copy of his Board of Veterans Appeals (BVA) decision document in support of his request. 

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 record shows he was inducted on 16 January 1968.  He successfully completed basic combat training at Fort Leonard Wood, Missouri, and advanced individual training at Fort Polk, Louisiana.  On completion of his training, he was awarded the military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He was promoted to pay grade E-6 on 1 February 1969.

3.  The applicant served in Vietnam from 9 December 1968 to 22 March 1969.  He served until he was honorably released from active duty on 21 August 1969.

4.  The applicant’s DD Form 214 shows he was awarded the Expert Marksmanship Qualification Badge, with Rifle Bar; the National Defense Service Medal; the Vietnam Service Medal; the Combat Infantryman Badge, the Army Commendation Medal, with 1st Oak Leaf Cluster; and the Bronze Star Medal, with "V" Device.

5.  There are no orders in the applicant's available personnel records which show that he was awarded the Purple Heart. 

6.  Item 40 of his DA Form 20 (Enlisted Qualification Record) shows the entry "Broken (L [left]) Arm, FW (Fragment Wound) (R [right]) Leg 6 Mar 69."  Item 41 (Awards and Decorations) does not show the Purple Heart.  Item 38 (Record of Assignments) shows that he was in a patient status effective 22 March 1969.  

7.  The applicant's name does appear on the Vietnam Casualty List for a wound received as a result of hostile action on 6 March 1969. 

8.  The ADCARS (Awards and Decorations Computer Assisted Retrieval System) failed to show that orders were published awarding the applicant the Purple Heart while serving in Vietnam.

9.  The applicant's record contains a copy of orders awarding him the Air Medal for meritorious achievement while participating in sustained aerial flight during the period 20 December 1968 to 7 February 1969.  This award is not shown on his DD Form 214.

10.  The applicant provided a copy of a letter from the medic who treated him.  The medic stated that he served with the third platoon, Company B, 4th Battalion, 39th Infantry Regiment, 9th Division, in Vietnam from 4 January to 1 April 1969.  He served as the 3rd platoon medic with the applicant.  On 6 March 1969, he was a witness to the wounding of the highly respected applicant, from a Viet Cong booby trap made from a grenade.  He rushed to him and administered aide and gave him a shot of morphine for the pain.  He had sustained multiple shrapnel wounds. 

11.  The applicant provided a copy of a BVA decision document, dated 13 November 1970.  The document indicates that he sustained shell fragment wounds of both extremities and the ulnar aspect of the left forearm with a fracture of the radius during combat on 6 March 1969.

12.  Item 38 (Record of Assignments), of the applicant's DA Form 20, shows the entry "EXC" (Excellent) for his conduct and efficiency.  There is no evidence of derogatory information contained in the available records.  There is no evidence the applicant was subjected to non-judicial punishment or courts-martial and that his commanders took action to deny him award of the Army Good Conduct Medal.

13.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded 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 military medical personnel, and the medical treatment must have been made a matter of official record. 

14.  Army Regulation 600-8-22 provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

15.  The applicant’s DD Form 214 shows entitlement to the Vietnam Service Medal; however, it does not show the one bronze service star to which he is entitled for his campaign participation.  Army Regulation 600-8-22 provides that a
bronze service star is authorized for the Vietnam Service Medal for participation in each campaign. 

16.  Department of the Army Pamphlet 672-3 shows that the applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, by Department of the Army General Orders (DAGO) Number 51, dated 1971, while he was assigned to the unit.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows that the applicant sustained a fragment wound to his right leg on 6 March 1969 as a result of enemy action.  He is listed on the Vietnam Casualty List for a wound received in action on the same date; therefore, this evidence is sufficient to approve award of the Purple Heart to the applicant and correct his records to show this award.

2.  The evidence of record shows the applicant was awarded the Air Medal; however, it was omitted from his DD Form 214.  The applicant is therefore entitled to correction of his DD Form 214 to show the already-awarded Air Medal.

3.  The applicant was not awarded the Good Conduct Medal, it appears, more as a result of administrative oversight rather than something he did to disqualify himself for this award.  He is therefore eligible for award of the Good Conduct Medal for the period 16 January 1968 to 21 August 1969.


4.  The applicant's DD Form 214 shows that he was awarded the Vietnam Service Medal.  While in Vietnam, he participated in one campaign and he is therefore, entitled to be awarded one bronze service star to be affixed to his already-awarded Vietnam Service Medal.

5.  The applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, at the time he was a member of the unit.  He is, therefore entitled to correction of his records to show this unit award.

BOARD VOTE:

____x___  _____x__  ___x____  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:

	a.  by awarding the applicant the Purple Heart and adding this award to his DD Form 214;

	b.  by adding the already-awarded Air Medal to his DD Form 214; and

      c.  awarding the applicant the Good Conduct Medal for the period 16 January 1968 to 21 August 1969; the Vietnam Service Medal, with one bronze service star; and the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, and adding these awards to his DD Form 214.




      _________x_____________
                CHAIRPERSON

ABCMR Record of Proceedings (cont)                                         AR20080003605



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