IN THE CASE OF:	  

		BOARD DATE:	        14 August 2008

		DOCKET NUMBER:  AR20080008104 


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, in effect, that he was injured but not awarded the Purple Heart.   

3.  The applicant provides a copy of a DA Form 8-275-3 (Clinical Record Cover Sheet), dated 15 December 1967.

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.  On 25 October 1966, the applicant was inducted into the Army of the United States.  He was trained in, awarded, and served in military occupational specialty (MOS) 91B (Medical Specialist).  He attained the grade of specialist four/E-4.  On 1 October 1968, he was released from active duty and transferred to the U.S. Army Control Group (Annual Training).  On 24 October 1972, he was honorably discharged from the USAR upon completion of his statutory military obligation.

3.  The applicant served in the Republic of Vietnam (RVN) from 3 October 1967 through 28 September 1968.  He performed duties as a company aide man with Headquarters and Headquarters Company, 3rd Battalion, 503rd Infantry, 173rd Airborne (Separate).

4.  Item 24 of the applicant’s DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show award of the Purple Heart.  The applicant authenticated this form with his signature attesting to the accuracy of the information therein.  Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) does not record any wounds sustained as a result of hostile action.

5.  There are no general orders in the applicant’s records to show he was awarded the Purple Heart.

6.  During the processing of this case, a member of the Board staff reviewed the Awards and Decorations Computer Assisted Retrieval System (ADCARS) maintained by the Military Awards Branch of the United States Army Human Resources Command (HRC), which is an index of general orders issued during the Vietnam era between 1965 and 1973.  This review failed to reveal any Bronze Star orders on file for the applicant.

7.  The applicant's name does not appear on the Vietnam Casualty Roster.

8.  The applicant provided a copy of a clinical record cover sheet showing he was hospitalized and treated for a penetrating wound, perineum division of internal region.  The injury occurred on 8 November 1967 while the applicant was on patrol and tripped and fell on a punji stick. 

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or 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.  Examples of enemy-related injuries include injury caused by enemy placed mine or trap. 

10.  The punji stick is a type of booby trapped stake.  It is a stick mounted vertically in the ground with a sharpened point at the top, typically placed in a pit in the ground to impale the unwary. The tip of the punji stick was frequently smeared with feces to promote infection in the wound created by the stick.  Punji sticks were not necessarily meant to kill the man who stepped on it.  It was a guerilla tactic to wound an enemy and slow his entire unit down rather than killing him.  Punji traps were used extensively by the Viet Cong in Vietnam.

11.  Review of the applicant's record indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

12.  The applicant's records show that he received ratings of excellent in conduct and efficiency.  There is no evidence the applicant was disqualified for award of the Army Good Conduct Medal (AGCM).

13.  Army Regulation 672-5-1, in effect at the time, provides that the AGCM 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.

14.  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 51, dated 1971. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests award of the Purple Heart.  He provided a copy of a clinical record cover sheet showing that he received treatment for a penetrating wound, perineum with division of internal region as a result of tripping and falling on a punji stick in the RVN. 

2.  The punji stick was a type of booby trapped stake used extensively by the Viet Cong in Vietnam.  Regulatory guidance authorizes award of the Purple Heart for enemy-related injuries, to include injury caused by enemy placed mine or trap.  As such, the applicant has met evidentiary threshold for award of the Purple Heart, and his record should be corrected as shown below.

3.  The applicant completed a qualifying period of service for the first award of the AGCM.  There is no evidence in the available records which show the applicant was disqualified for this award.  Therefore, the applicant is entitled to award of the AGCM for the period 25 October 1966 through 1 October 1968 and to correction of his records to show the award of the AGCM (First Award).

4.  General Orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not shown on his DD Form 214. Therefore, he is entitled to have his records corrected to show this foreign unit award.

BOARD VOTE:

__xxx___  __xxx___  __xxx___  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 Purple Heart for wounds received as a result of hostile action in the RVN on 8 November 1967 and correcting the record to show this award;

	b.  awarding the AGCM (First Award) for the qualifying period of
25 October 1966 through 1 October 1968 and correcting the record to show this award; and

	c.  authorizing the Republic of Vietnam Gallantry Cross with Palm Unit Citation and correcting the record to show this award.

																XXX
      _______ _   _______   ___
               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)                                         AR20080008104





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ABCMR Record of Proceedings (cont)                                         AR20080008104



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