IN THE CASE OF:	  

	BOARD DATE:	  3 June 2008

	DOCKET NUMBER:  AR20080004688 


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 award of the Purple Heart.

2.  The applicant states that he did not receive the Purple Heart that he had earned by being wounded by shrapnel from an enemy grenade thrown at his machine gun position.

3.  The applicant provides the seven enclosures listed on a separate letter, dated 28 February 2008.

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 enlisted in the Regular Army on 19 August 1969.  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, 1st Battalion, 20th Infantry, 11th Infantry Brigade, on 29 January 1970.

4.  The applicant provided several letters of support from fellow unit members attesting to his being wounded.  One attested to running into the applicant on    26 September 1970 while the applicant was on his way to the medical battalion to have some shrapnel removed from his neck.  Another provided information from the unit’s daily journals for 24 September 1970 and stated, “…here is the Information on the action that took place on 24 September 1970 concerning your being wounded….”

5.  The applicant’s name is not listed on the Vietnam Casualty Roster.  Item      40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) shows he received fragment wounds to the neck on 24 September 1970.

6.  The applicant departed Vietnam on 13 December 1970 after being credited with participation in three campaigns.

7.  Headquarters, 23d Infantry Division General Orders Number 709, dated        18 January 1971, awarded the applicant the Bronze Star Medal with “V” Device (First Oak Leaf Cluster) for action on 28 September 1970.

8.  The applicant was honorably released from active duty on 10 June 1971, in the rank and grade of Specialist, E-4, after completing 1 year, 9 months, and    22 days of creditable active service with no lost time.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was awarded the National Defense Service Medal, the Vietnam Service Medal with    2 bronze service stars, the Republic of Vietnam Campaign Medal, the Combat Infantryman Badge, the Army Commendation Medal, and the Marksman Marksmanship Qualification Badges (Rifle M-14 and Rifle M-16).

9.  The applicant’s records contain no derogatory information.  His conduct and efficiency were rated as “excellent” throughout his enlistment.

10.  Army Regulation 600-8-22 (Military Awards) 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 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 1sth Battalion, 20th Infantry, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 31 March through 30 June 1970 by Department of the Army General Order Number 42, dated 1972.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant’s name is not listed on the Vietnam Casualty Roster, his DA Form 20 shows that he was wounded on 24 September 1970.  His DA Form 20, combined with the letters of support he provided (including one indicating the applicant was observed going to the medical battalion for treatment), are accepted as sufficient evidence on which to base award of the Purple Heart.

2.  Orders show the applicant was awarded the Bronze Star Medal with “V” Device (First Oak Leaf Cluster).  This award should be added to his DD Form 214.

3.  The applicant completed over 21 months of creditable active service with no lost time.  His records contain no derogatory information, and his conduct and efficiency were rated as “excellent” throughout his enlistment.  It appears he met the eligibility criteria for the first award of the Army Good Conduct Medal.

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.  This unit award should be added to his DD Form 214.

5.  The applicant was credited with participation in three campaigns.  His DD Form 214 should be amended to show he is authorized to wear the Vietnam Service Medal with 3 bronze service stars instead of with 2 bronze service stars currently shown on 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 Purple Heart for wounds received on 24 September 1970;

     b.  awarding him the first award of the Army Good Conduct Medal for the period 19 August 1969 through 10 June 1971; and

     c.  amending his DD Form 214 to add the Purple Heart, the Army Good Conduct Medal, the Bronze Star Medal with “V” Device and with First Oak Leaf Cluster; the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and to show he is authorized to wear 3 bronze service stars on his Vietnam Service Medal instead of the 2 bronze service stars now shown.




 _    ______xxxx_____________
       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)                                         AR20080004688



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ABCMR Record of Proceedings (cont)                                         AR20080004688



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