IN THE CASE OF:	  

		BOARD DATE:	        5 August 2008

		DOCKET NUMBER:  AR20080006443 


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.

2.  The applicant states he was wounded and in the hospital at Plei Ku Hospital for two days. 

3.  The applicant provides copes of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and his Department of Veterans Affairs (VA) disability compensation rating.

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 on 10 July 1969.  During training as a petroleum storage specialist he qualified as a sharpshooter with the M-14 rifle and as an expert with the M-16 rifle. 

3.  He served in Vietnam with the 647th Quartermaster Company from 
7 December 1969 to 8 March 1970 and the 79th Quartermaster Platoon from 
9 March to 5 November 1970.  

4.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) shows, under brief description, "FW of L-elbow and hips from booby trap" and under Date, "2Nov70." 

5.  The applicant was separated with an honorable characterization of service on 9 July 1971 and transferred to the Army Reserve Control Group (Annual Training) in pay grade E-4.  His DD Form 214 lists his authorized awards as the Army Commendation Medal, National Defense Service Medal, Vietnam Service Medal, [Republic of] Vietnam Campaign Medal with "1960-" Device. 

6.  There is no indication of any misconduct.  Item 38 (Record of Assignments) of his DA Form 20 shows that his conduct and efficiency ratings were exclusively excellent.

7.  The applicant's medical records are not available.  His name is not listed on the Vietnam Casualty Roster.  On 19 November 1971 the VA awarded the applicant a 20 percent disability rating for a shell fragment wound to the left hip and zero percent disability rating for shell fragment wound to the left elbow.

8.  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, and the medical treatment must have been made a matter of official record.  This regulation also provides that there are no time limitations for requests for award of the Purple Heart.

9.  Army Regulation 672-5-1, in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have completed a qualified 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.  The enlisted person must have had all "excellent" conduct and 
efficiency ratings and no convictions by a court-martial.  Ratings of "Unknown" for portions of the period under consideration are not disqualifying.  Service and efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 are not disqualifying.
10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Vietnam Service Medal.  This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam from
3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  A bronze service star is worn on the award ribbon for each designated campaign period.  A silver service star is authorized in lieu of five bronze service stars.  The applicant served during the following five designated campaign periods:  Vietnam Counteroffensive Phase VI from 
2 November 1968 – 22 February 1669; Tet 69 Counteroffensive from 
23 February –8 June 196; Vietnam Summer-Fall 1969 from 9 June- 31 October 1969; Vietnam Winter-Spring 1970 from 1 November 1969 – 30 April 1970; DA Sanctuary Counteroffensive 1 May –30 June 1970; Vietnam Counteroffensive Phase VII from 1 July 1970 – 30 June 1971.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was wounded as the result of enemy action and should be awarded the Purple Heart.   

2.  The applicant qualified for and should be awarded the Good Conduct Medal for the period of service from 10 July 1969 to 9 July 1971.

3.  The applicant participated in five designated campaign periods and is authorized to wear a silver service star on the Vietnam Service Medal.

4.   He is authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

5.  He was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

6.  The above awards should be listed on his DD Form 214.    




BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X_ __  ___X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  Notwithstanding the staff DISCUSSION AND CONCLUSIONS above, the Board unanimously determined during their review that the available evidence is was sufficient to warrant a recommendation for partial relief.  As a result the Board recommends that all Department of the Army records of the individuals concerned be corrected by:

   a.  awarding him the Good Conduct Medal for the period from 10 July 1969 to 9 July 1971 and;
   
	b.  showing that in addition to the awards currently shown on his DD Form 214, his authorized awards include the Good Conduct Medal, a silver service star for wear on the Vietnam Service Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the  Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

2.  The Board further determined that the evidence presented is insufficient to warrant award of the Purple Heart.  Aside from the DA Form 20 entry typed in, there is no additional medical evidence as to where and under what circumstances the wound occurred.  As a result the Board recommends denial of award of the Purple Heart.



      _______ _  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)                                         AR20080006443



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ABCMR Record of Proceedings (cont)                                         AR20080006443



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