IN THE CASE OF:	  

		BOARD DATE:	       16 SEPTEMBER 2008

		DOCKET NUMBER:  AR20080010255 


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show award of the Purple Heart.

2.  The applicant states, in effect, that he was already awarded the Purple Heart for wounds received in action in the Republic of Vietnam (RVN) on 1 December 1967.  This award was not annotated on his DD Form 214. 

3.  The applicant provides a copy of his DD Form 214 and a copy of his Purple Heart Award Certificate.

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 10 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) 11B (Light Weapons Infantryman).  He attained the grade of specialist/
E-4.  On 11 October 1968, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training).  On 1 February 1973, he was honorably discharged from the USAR upon completion of his statutory military obligation.

3.  The applicant served in the RVN from 6 October – 20 December 1967.  He performed duties as an assistant machine gunner with Company A, 1st Battalion, 52nd Infantry, 198th Infantry Brigade. 

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.  However, this form shows that he was a patient at the 10th General Hospital on 21 December 1967.

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 Purple Heart orders on file for the applicant.

7.  The Vietnam Casualty Roster shows the applicant's casualty status code was "23."  This code indicates the status "hostile wounded in action, not serious hospitalized."  The Vietnam Casualty Roster also shows he was wounded on 
1 December 1967.

8.  There are no medical records in the available military personnel file that show the applicant sustained wounds as a result of hostile action or that show he was treated for wounds sustained as a result of hostile action.  However, his separation physical, dated 13 September 1968, shows that he received shrapnel wounds to his arm and back in December 1967.

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

11.  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).

12.  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.

13.  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 contends that he was already awarded the Purple Heart which is not annotated on his DD Form 214.

2.  There are no orders in the applicant's record to show award of the Purple Heart.  The applicant's discharge document and DA Form 20 are silent on wounds received in action, but does show that he was a patient at the 106th General Hospital in December 1967.  His separation physical shows that he received shrapnel wounds to the arms and back in December 1967.  In addition, the applicant's name is on the Vietnam Casualty Roster.  Therefore, there is sufficient evidence to show the applicant is entitled to award of the Purple Heart and to have his record corrected to show this award.


3.  The applicant completed a qualifying period of active duty enlisted service from 10 October 1966 – 11 October 1968 with excellent conduct and efficiency and no court-martial convictions, reductions in grade or lost time.  He is therefore entitled to 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 sustained in the Republic of Vietnam on 1 December 1967 and correcting his record to show this award;

	b.  awarding the AGCM (First Award) for the qualifying period of service from 10 October 1966 – 11 October 1968 and correcting his record to show this award; and

	c.  authorizing the Republic of Vietnam Gallantry Cross with Palm
Unit Citation.



      ___        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)                                         AR20080010255





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ABCMR Record of Proceedings (cont)                                         AR20080010255



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