IN THE CASE OF:	  

		BOARD DATE:	  28 August 2008 

		DOCKET NUMBER:  AR20080005063 


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, in effect, award of the Purple Heart (PH).

2.  The applicant states, in effect, he is entitled to the PH for a shrapnel wound he received in the Republic of Vietnam (RVN) on 14 February 1968.  

3.  The applicant provides a National Personnel Records Center (NPRC) Letter, dated 13 January 2006, and his separation document (DD Form 214) in support of his application.  

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 record shows he enlisted in the Regular Army and entered active duty on 25 August 1965, and was trained in and awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  His Enlisted Qualification Record (DA Form 20) shows he served in the RVN from 17 March 1967 through 12 March 1968.  Item 38 (Record of Assignments) shows that during his RVN tour, he was assigned to Company A, 2nd Battalion, 22nd Infantry Regiment.  It also shows that he received no less than "Excellent" conduct and efficiency ratings at all of his active duty assignments.  

3.  Item 40 (Wounds) of the applicant's DA Form 20 contains an entry confirming that the applicant was wounded in action in the RVN on 14 February 1968, when he received a shrapnel wound to his upper right thigh, and Item 41 (Awards and Decorations) includes the PH among the earned awards listed.  His record is void of any derogatory information or a unit commander disqualification that would have precluded him from receiving the Army Good Conduct Medal (AGCM).  

4.  On 8 August 1968, the applicant was honorably released from active duty (REFRAD), in the rank of sergeant, after completing 2 years, 11 months, and 
14 days of active military service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued upon his REFRAD shows that he earned the National Defense Service Medal (NDSM), Vietnam Service Medal (VSM), 
RVN Campaign Medal (RVNCM), Combat Infantryman Badge (CIB), 
Expert Marksmanship Qualification Badge with Rifle Bar, and 1 Overseas Service Bar.  Item 30 (Remarks) of the applicant's DD Form 214 includes the entry "Wounds:  Shrapnel wound in upper (R) thigh - 14 Feb 68 - Vietnam".  

5.  The applicant provides and his record includes a NPRC Letter, dated 
13 January 2006, which confirms his entitlement to the PH, NDSM, VSM with 
2 bronze service stars, CIB, RVNCM with Device 1960, RVN Gallantry Cross with Palm Unit Citation, and Expert Marksmanship Qualification Badge with Rifle Bar. 

6.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Paragraph 2-8 contains the regulatory guidance pertaining to award of the PH.  It states, in pertinent part, that in order to support an award of the PH, there must be evidence that a member was wounded or injured as a result of enemy action; that the wound or injury for which the award is being made required treatment by medical personnel; and this treatment must be supported by medical treatment records that were made a matter of official record.


7.  Paragraph 2-13 of the awards regulation contains guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN.  

8.  Chapter 4 of the awards regulation prescribes the policy for award of the 
AGCM.  It states, in pertinent part, that the AGCM 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, in which case a period of more than 1 year is a qualifying period.  Although there is no automatic entitlement to the AGCM, disqualification must be justified.  

9.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It confirms that during his tenure of assignment in the RVN, the applicant’s unit (2nd Battalion, 22nd Infantry Regiment) received the RVN Gallantry Cross with Palm Unit Citation and RVN Civil Actions Honor Medal First Class Unit Citation.  It also shows that during the applicant's tenure of assignment in the RVN, participation credit was granted for the Vietnam Counteroffensive Phase II, Vietnam Counteroffensive Phase III, and TET Counteroffensive campaigns.  

10.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) provides the Army's uniform wear policy.  Paragraph 28-28 contains guidance on Overseas Service Bars.  It states, in pertinent part, that 1 is authorized for each 6-month period of service in the RVN.  It further stipulates that the month of arrival in and the month of departure from the RVN count as whole months for credit toward the overseas service bar. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's claim of entitlement to the PH was carefully considered and found to have merit.  The evidence of record confirms the applicant was wounded in action in the RVN on 14 February 1968, as evidenced by entries on his DA Form 20 and DD Form 214.  Therefore, it would be appropriate to award him the PH and to add it to his record and separation document.  His record also confirms he received "Excellent" conduct and efficiency ratings, and that there was no derogatory information or unit commander disqualification that would have precluded him from receiving the AGCM.  As a result, it would be appropriate to award him the first award of the AGCM, for his qualifying period of honorable active duty service from 25 August 1965 through 8 August 1968.  
2.  The evidence of record also confirms that based on his RVN service and campaign participation, he is entitled to RVN Gallantry Cross with Palm Unit Citation, RVN Civil Actions Honor Medal First Class Unit Citation, 3 bronze service stars with his VSM, and 2 Overseas Service Bars.  As a result, it would also be appropriate to add these awards to his record and separation document at this time.  

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 by awarding him the Purple Heart for being wounded in action in the Republic of Vietnam on 14 February 1968; by awarding him the Army Good Conduct Medal for his qualifying period of honorable active duty service from 25 August 1965 through 8 August 1968; by amending Item 24 of his DD Form 214 by deleting the current list of award and replacing it with the entry "National Defense Service Medal, Purple Heart, Army Good Conduct Medal, Vietnam Service Medal with 
3 bronze service stars, Republic of Vietnam Campaign Medal with Device 1960, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Combat Infantryman Badge, Expert Marksmanship Qualification Badge with Rifle Bar, and 2 Overseas Service Bars; and by providing him a correction to his separation document that included these changes.  




      _______ _ x  _______   ___
               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)                                         AR20080005063



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ABCMR Record of Proceedings (cont)                                         AR20080005063


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