IN THE CASE OF:	  

		BOARD DATE:	        3 September 2008

		DOCKET NUMBER:  AR20080009636 


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 correction of his DD Form 214 (Report of Transfer or Discharge) to show award of the Purple Heart.

2.  The applicant states that his record does not show the Purple Heart for wounds he received on 23 July 1967 in Vietnam. 

3.  The applicant provides a copy of his DD Form 214 and an award certificate for the Purple Heart.

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 21 April 1966.  He arrived in Vietnam on 
13 December 1966.  He was assigned to Companies A and E, 4th Battalion, 39th Infantry of the 9th Infantry Division in Vietnam from 31 December 1966 through 
4 December 1967.  On 19 April 1968, the applicant was released from active duty in the temporary rank of sergeant after completing 1 year, 11 months, and 29 days of creditable active service with no lost time. 

3.  The applicant’s DD Form 214 shows the National Defense Service Medal, the Vietnam Service Medal with one bronze service star, the Republic of Vietnam Campaign Medal with Device (1960), the Combat Infantryman Badge, one award of the Overseas Service Bar, and the Marksman Marksmanship Qualification Badge with Rifle Bar as authorized awards.   

4.  There are no orders for the Purple Heart in the applicant’s service personnel records.  However, the Vietnam Casualty Roster shows he was wounded in action on 23 July 1967.  Item 40 (Wounds) on his DA Form 20 (Enlisted Qualification Record) also shows he was wounded (fragment wound to his left leg and right arm) on 23 July 1967.

5.  There is no evidence the applicant received the first award of the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.  His records do not contain any adverse information and he received conduct and efficiency ratings of “excellent” throughout his service.

6.  Records show the applicant participated in two campaigns during his assignment in Vietnam.

7.  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 the applicant's unit is eligible for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 31, dated 1969.  

8.  Department of the Army Pamphlet 672-3 also shows the applicant's unit is eligible for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 59, dated 1969.

9.  Army Regulation 600-8-22 (Military Awards) 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 by military medical personnel, and the medical treatment must have been made a matter of official record.  

10.  Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that 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 except that a service school efficiency rating based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 was not disqualifying.  
However, there was no right or entitlement to the medal until the immediate commander made positive recommendation for its award and until the awarding authority announced the award in General Orders.

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

12.  Army Regulation 670-1 prescribes the authorization for wear of uniforms and prescribes the awards, insignia and accouterments authorized for wear on the uniform.  In pertinent part, it states that one overseas service bar is authorized for each period of 6 months active Federal service as a member of a U. S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival in Vietnam and the month of departure from Vietnam will count as a whole month for credit toward the overseas service bar.

DISCUSSION AND CONCLUSIONS:

1.  The entry on the Vietnam Casualty Roster which shows the applicant was wounded on 23 July 1967 in Vietnam is accepted as sufficient evidence on which to base award of the Purple Heart in this case. 

2.  The applicant was released from active duty in the temporary rank of sergeant with almost 2 years of creditable active service with no time lost.  It appears the applicant met the eligibility criteria for the first award of the Good Conduct Medal for the period 21 April 1966 through 19 April 1968 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, his record should be corrected to show this award.

3.  The applicant’s DD Form 214 shows the Vietnam Service Medal with one bronze service star.  However, the applicant participated in two campaigns during his assignment in Vietnam which makes him eligible for award of the Vietnam Service Medal with two bronze service stars.

4.  The applicant’s unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it.

5.  The applicant’s DD Form 214 shows he may wear one Overseas Service Bar; however, he is eligible to wear two Overseas Service Bars, and his DD Form   214 should be amended to reflect this fact.

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 in action on 23 July 1967 in Vietnam; 

	b.  awarding him the first award of the Good Conduct Medal for the period 
21 April 1966 through 19 April 1968;  

	c.  deleting the entry, “VIETNAM SERVICE MEDALW/BZ SVC STAR” on his DD Form 214; 

     d.  deleting the entry, “OVERSEAS BAR” on his DD Form 214; and


	e.  adding the Purple Heart, the Good Conduct Medal, the Vietnam Service Medal with two bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and two Overseas Service Bars to his DD Form 214.



      _________xxxx_________
               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)                                         AR20080009636



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ABCMR Record of Proceedings (cont)                                         AR20080009636



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