IN THE CASE OF:	

		BOARD DATE:	  19 August 2008

		DOCKET NUMBER:  AR20080009340 


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, that the Purple Heart (PH) be added to the list of awards contained on his separation document (DD Form 214).

2.  The applicant states, in effect, he was awarded the PH in 1969.

3.  The applicant provides a copy of a PH certificate and his 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 record shows that he enlisted in the Regular Army and entered active duty on 26 June 1967.  He was trained in, awarded, and served in military occupational specialty (MOS) 62E (Crawler Tractor Operator).

3.  Item 31 (Foreign Service) of the applicant’s Enlisted Qualification Record 
(DA Form 20) shows he served in the Republic of Vietnam (RVN) from 28 April 1968 to 25 April 1969.  Item 38 (Record of Assignments) shows that during his RVN tour, he was assigned to the 65th Engineer Battalion, 25th Infantry Division.  It also shows that he received “Excellent” conduct and efficiency ratings at each of his active duty assignments.  

4.  Item 40 (Wounds) of his DA Form 20 includes an entry showing he sustained a fragment wound to his right leg on 24 January 1969, in the RVN, and the list of awards contained in Item 41 (Awards and Decorations) includes the PH. 

5.  The applicant's Military Personnel Records Jacket (MPRJ) is void of derogatory information and of a unit commander disqualification that would have precluded him from receiving the Army Good Conduct Medal (AGCM).  

6.  The applicant's MPRJ also contains Headquarters, 25th Infantry Division General Orders Number 1808, dated 17 February 1969, which awarded him the PH for wounds received in action in the RVN on 24 January 1969.

7.  On 25 June 1970, the applicant was honorably released from active duty after completing a total of 3 years 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 at the time shows he earned the following awards during his active duty tenure:  National Defense Service Medal (NDSM); Army Commendation Medal (ARCOM) 1st Oak Leaf Cluster; Vietnam Service Medal (VSM) with 4 bronze service stars; RVN Campaign Medal (RVNCM) with Device (1960); Expert Marksmanship Qualification Badge with Rifle Bar; and 2 Overseas Service Bars. 

8.  The applicant provides a certificate that shows he was awarded the PH for wounds he received in action in the RVN on 24 January 1969.

9.  During the processing of this case, a member of the Board’s staff reviewed the Department of the Army (DA) Vietnam Casualty List.  The applicant's name is included on this casualty list.  


10.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 2-8 contains the regulatory guidance pertaining to awarding the PH.  It states, in pertinent part, that the PH is awarded to any member who has been wounded or killed in action. A wound is defined as an injury to any part of the body from an outside force or agent sustained under conditions defined by this regulation.  In order to support awarding a member the PH, it is necessary to establish that the wound for which the award is being made required treatment by medical personnel and that treatment must have been made a matter of official record.  

11.  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 
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.

12.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for unit citation badges awarded during the Vietnam Conflict.  It confirms that during the applicant’s tenure of assignment in the RVN, his unit (65th Engineer Battalion, 25th Infantry Division) was awarded the RVN Gallantry Cross with Palm Unit Citation and RVN Civil Actions Honor Medal with First Class Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his DD Form 214 should be corrected by adding the PH to the list of awards contained in Item 24 has been carefully considered and found to have merit.  The evidence of record includes official orders awarding the applicant the PH for wounds received in action in the RVN on 24 January 1969, which are corroborated by entries on his DA Form 20 and the Vietnam Casualty Roster.  As a result, it would be appropriate and serve the interest of equity and justice to add the PH to the list of awards contained in Item 24 of his DD Form 214 at this time.  

2.  The applicant's record also confirms that he received no less than "Excellent" conduct and efficiency ratings at all of his active duty assignments.  Further, the record is void of any derogatory information or a 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 26 June 1967 through 25 June 1970, and to add this award to his record and separation document at this time. 
3.  The evidence of record also confirms that based on his service and campaign participation in the RVN, the applicant is entitled to the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation.  Therefore, 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 of the Department of the Army records related to this case be corrected by awarding him the Army Good Conduct Medal, for his qualifying period of honorable active duty service from 26 June 1967 through 25 June 1970; by amending Item 24 of his DD Form 214 by adding the Purple Heart, Army Good Conduct Medal; Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; and by providing him a correction to his separation document that reflects these awards.



      ________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)                                         AR20080009340



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ABCMR Record of Proceedings (cont)                                         AR20080009340


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