IN THE CASE OF:	  

	BOARD DATE:	  15 July 2008

	DOCKET NUMBER:  AR20080005859 


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 was wounded on 24 September 1968.  Since the battle continued into the next day, he self-treated his wound in the field.  His Bronze Star Medal orders show he was wounded, but they indicate he was wounded on the second day of the battle rather than on the first day.

3.  The applicant provides a buddy statement; a copy of an Americal Division website synopsis of the battle; his Bronze Star Medal with “V” Device orders; and a copy of a draft chapter 26 of a book he is writing.  

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 was inducted into the Army on 14 June 1967.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  On or about 13 April 1968 the applicant arrived in Vietnam with his unit, Company D, 4th Battalion, 21st Infantry, 11th Infantry Brigade.

4.  Headquarters, Americal Division, General Orders Number 8474, dated            7 November 1968, awarded the applicant the Bronze Star Medal with “V” Device. The award citation states in part, “During an assault on the insurgents, (the applicant’s) track received a direct hit from an enemy anti-tank round, wounding the crew and…Ignoring their painful wounds, (the applicant) and a fellow soldier moved to aid their injured comrades….”

5.  The applicant provided a buddy statement, wherein a fellow Soldier stated that the applicant received a wound to his leg on 24 September 1968.

6.  The applicant departed Vietnam on 5 April 1969 after being credited with participation in five campaigns.

7.  The applicant was honorably released from active duty on 8 April 1969, in the rank and grade of Sergeant, E-5, after completing 1 year, 9 months, and 25 days of creditable active service with no lost time.  His DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Combat Infantryman Badge, the Bronze Star Medal, the Marksman Marksmanship Qualification Badge (M-14), the Sharpshooter Marksmanship Qualification Badge (M-16), and two overseas service bars.

8.  The applicant’s name is not listed on the Vietnam Casualty Roster.

9.  The applicant’s records contain no derogatory information.  His DA Form      20 (Enlisted Qualification Record) shows his conduct and efficiency were rated as “excellent” throughout his service.  

10.  Army Regulation 600-8-22 (Military Awards) provides for award of the Purple Heart 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 provides for award of the Republic of Vietnam Campaign Medal with Device 1960 to personnel who have served in the Republic of Vietnam for 6 months during the period 1 March 1961 to 28 March 1973, inclusive, or served for less than 6 months and were wounded by hostile forces.

12.  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.  One silver service star is worn in lieu of five bronze service stars.

13.  Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations.  It stated 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.

14.  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 4th Battalion, 21st Infantry, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 2 November 1968 through 28 February 1969 by Department of the Army General Orders Number 2, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant’s name is not listed on the Vietnam Casualty Roster, the award citation for his Bronze Star Medal with “V” Device confirms that he was wounded in action.  Although the applicant acknowledges that his wound did not require treatment by a medical officer, his explanation of why he self-treated his wound is plausible.  Any reasonable doubt should be resolved in favor of the applicant, and he should be awarded the Purple Heart for wounds received on  24 September 1968 (the date he and the buddy statement stated he was wounded).

2.  The applicant served in Vietnam for about 12 months.  He met the eligibility criteria for award of the Republic of Vietnam Campaign Medal with Device (1960), and this award should be added to his DD Form 214.

3.  The applicant was honorably released from active duty, in the rank and grade of Sergeant, E-5, after completing over 21 months of creditable active service.  His records contain no derogatory information, and his conduct and efficiency were rated as “excellent” throughout his service.  It appears he met the eligibility criteria for award of the Army Good Conduct Medal for the period 14 June 1967 through 8 April 1969.

4.  The applicant was credited with participating in five campaigns.  Therefore, he is eligible to wear one silver service star on his Vietnam Service Medal, and his DD Form 214 should be amended to reflect this fact.

5.  The applicant’s DD Form 214 shows he was awarded the Bronze Star Medal. However, he was awarded the Bronze Star Medal with “V” Device, and his DD Form 214 should be amended accordingly.

6.  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.

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 1968;

     b.  awarding him the first award of the Army Good Conduct Medal for the period 14 June 1967 through 8 April 1969; 

     c.  deleting the Vietnam Service Medal and the Bronze Star Medal from his DD Form 214; and

     d.  adding the Purple Heart, the Army Good Conduct Medal (First Award), the Bronze Star Medal with “V” Device, the Vietnam Service Medal with one silver service star, the Republic of Vietnam Campaign Medal with Device (1960), and the Republic of Vietnam Gallantry Cross with Palm Unit Citation to his DD Form 214.




_    ______xxxxx____________
       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)                                         AR20080005859





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080005859



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1