IN THE CASE OF:	  

		BOARD DATE:	  	  18 November 2008

		DOCKET NUMBER:  AR20080006764 


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 that his two Purple Hearts and his other medals be added to his separation document (DD Form 214).

2.  The applicant states that he believes the omission was an error.

3.  The applicant provides, in support of his application, his DD Form 214; General Orders Number 83, dated 13 June 1969, which awarded the applicant the Purple Heart for wounds incurred on 23 May 1969; and General Orders Number 3443, dated 28 October 1969, which awarded the applicant the Bronze Star Medal with "V" Device (for valor).

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 records show that he was inducted into the Army of the United States and entered active duty on 2 July 1968.  He was awarded the military occupational specialty of armor reconnaissance specialist and was promoted to pay grade E-4.  

3.  The applicant was assigned to Vietnam on 6 January 1969.  On 22 June 1969, a Western Union Telegram was sent to the applicant's parents informing them that the applicant was wounded in action in Vietnam on 19 June 1969 by fragments while he was a gunner on a military vehicle on a combat operation when a mine detonated.  He received wounds to his chest, left leg, both arms, and face.  The applicant departed Vietnam in a patient status on 29 June 1969.

4.  The applicant was honorably released from active duty on 17 December 1969 and placed on the retired list the following day for physical unfitness.  The DD Form 214 he was issued shows he was awarded the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, and the National Defense Service Medal.  His DD Form 214 also shows that he completed the Parachutist Course in 1968.

5.  The applicant's DA Form 20 (Enlisted Qualification Record) shows that he was also awarded the Parachutist Badge, the Purple Heart, the Combat Infantryman Badge, and the Bronze Star Medal with "V" Device.  Item 40 (Wounds) of this form shows the applicant was wounded by shrapnel on 24 May 1969 and was again wounded on 19 June 1969 by multiple fragment wounds to both arms and leg, and internal injuries.  Item 38 (Record of Assignments) of this form, shows that the applicant's conduct and efficiency were always rated as excellent.  The applicant's records have no evidence or indication of any indiscipline.

6.  The applicant's records contain Headquarters, 11th Armored Cavalry Regiment General Orders Number 83, dated 13 June 1969, which awarded the applicant the Purple Heart for wounds received in connection with military operations against a hostile force on 23 May 1969.  His records also contain Headquarters, II Field Force Vietnam General Orders Number 3443, dated
28 October 1969, which awarded the applicant the Bronze Star Medal with "V" Device (for valor) for heroism in connection with ground operations against a hostile force on 19 June 1969.

7.  The applicant's name is not contained in the Vietnam Casualty List.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the pertinent identified campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.  Those periods are the Counteroffensive, Phase VI (2 November 1968 through 22 February 1969); Tet 69 Counteroffensive, 1969 (23 February 1969 through 8 June 1969); and Vietnam Summer-Fall 1969 (9 June 1969 through
31 October 1969).

9.  Department of the Army General Order Number 8, dated 1974 awarded all personnel assigned to the United States Army Vietnam from 8 February 1962 through 28 March 1973 the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

10.  Army Regulation 600-8-22 provides that the Purple Heart is awarded for wounds 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 medical personnel, and the medical treatment must have been made a matter of official record.  It also provides that the first oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.

11.  Army Regulation 600-8-22 authorizes, in pertinent part, award of a bronze service star based on qualifying service for each campaign listed in Appendix B of this regulation.  The regulations state that authorized bronze service stars will be worn on the appropriate campaign and service medal, which in this case is the Vietnam Service Medal.  

12.  Army Regulation 600-8-22 also 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.  A record of punishment is not automatically disqualifying.  However, at that time, a single efficiency rating of less than excellent was disqualifying.  Although there is no automatic entitlement to the Good Conduct Medal disqualification must be justified.  Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond.  At that time, nonfavorable consideration was normally noted on the DA Form 20.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's military records show that his DD Form 214 does not show all of the awards and decorations the applicant was awarded or was entitled to based on his service in Vietnam.  The applicant was awarded the Purple Heart 


for wounds incurred on 23 May 1969, the Parachutist Badge, the Purple Heart, the Combat Infantryman Badge, and the Bronze Star Medal with "V" Device.  It would be appropriate to now add these awards and decorations to his DD Form 214.

2.  Based on his service in Vietnam, the applicant is also entitled to 3 bronze service stars to be worn on his already-awarded Vietnam Service Medal and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

3.  The applicant's records show that he was wounded twice.  The first time he was wounded by shrapnel on 24 May 1969 and he received a Purple Heart.  However, he was wounded a second time on 19 June 1969 by multiple fragment wounds to both arms, leg, and internal injuries and was not awarded the Purple Heart for that wound.  Since this was an obvious wound by hostile forces which required medical treatment, the applicant is entitled to a Purple Heart for this wound.  It would be appropriate to now award a second award of the Purple Heart and to add this award as the Purple Heart (First Oak Leaf Cluster) to his DD Form 214.

4.  Since the applicant's conduct and efficiency were always rated as excellent and there is no evidence of indiscipline in his military records, it would appear that he was inadvertently not awarded the Good Conduct Medal.  It would now be appropriate to award the applicant the Good Conduct Medal (First Award) and to add this award to his DD Form 214.

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:

	a.  awarding the Good Conduct Medal (First Award) for the period 2 July 1968 to 17 December 1969;
	b.  awarding the Purple Heart (First Oak Leaf Cluster) for his wounding on
19 June 1969; and

	c.  adding these awards to his DD Form 214 along with the Parachutist Badge, the Combat Infantryman Badge, the Bronze Star Medal with "V" Device, 3 bronze service stars to be worn on his already-awarded Vietnam Service Medal, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.



      __________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)                                         AR20080006764



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ABCMR Record of Proceedings (cont)                                         AR20080006764



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