IN THE CASE OF:	  

		BOARD DATE:	       18 SEPTEMBER 2008

		DOCKET NUMBER:  AR20080010484 


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 that he received a shrapnel wound from an exploding mortar round on 31 January 1968 in the Republic of Vietnam.  He also adds that his medical records indicate that he suffered a fragment wound to his left thigh and that he was treated for his wound on 31 January 1968 at the 12th Evacuation Hospital.  

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 7 April 1970; a copy of his Standard Form 600 (Chronological Record of Medical Care), dated 31 January 1968; and a copy of DA Form 1 (Morning Report), dated 31 January 1968, in support of his application.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel did not make any requests.      

2.  Counsel did not make a statement.  

3.  Counsel did not provide any additional documentary evidence in support of the applicant’s request.   



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 records show he enlisted in the Regular Army for a period of 3 years on 14 June 1966.   He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 13A (Artillery Crewman).  He was honorably discharged on 11 August 1967 for the purpose of immediate reenlistment and reenlisted for a period of 3 years on 12 August 1967. He was honorably separated and transferred to the U.S. Army Reserve Control Group (Reinforcement) on 7 April 1970.  The highest rank/grade he attained during his military service was sergeant (SGT)/E-5.    

3.  The applicant’s records show he served in the Republic of Vietnam as follows:

	a.  from 2 December 1967 to 1 December 1968, he was assigned to Battery B, 6th Battalion, 77th Artillery, 25th Infantry Division; and

	b.  from 29 April 1969 to 7 April 1970, he was assigned to Battery B, 6th Battalion, 11th Artillery, 25th Infantry Division.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, the Marksmanship Qualification Badge with Rifle Bar (M-14), two Overseas Service Bars, and the Republic of Vietnam Unit Citation.   Item 24 does not show award of the Purple Heart.




5.  Item 40 (Wounds) of the applicant’s DA Form 20 (Enlisted Qualification Record) shows the entry “FW 31 JAN 68,” indicating that the applicant sustained a fragment wound on 31 January 1968.  

6.  The applicant's records do not contain General Orders awarding him the Purple Heart and the applicant’s name is not shown on the Vietnam Casualty Roster. 

7.  The applicant's Standard Form 600, dated 31 January 1968, shows that he suffered a fragment wound to his left thigh.  He was treated at the 12th Evacuation Hospital where his wound was debrided and sutured.

8.  During the processing of this case, a member for 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 the Purple Heart orders on file for the applicant.

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.  This regulation further states that there is no time limit on submission of requests for award of the Purple Heart.

10.  Review of the applicant's records indicates his entitlement to additional awards that are not shown on his DD Form 214.

11.  Headquarters, 2nd Armored Division, Special Orders Number 58, dated 27 February 1969, show the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Pistol Bar (.45 Caliber) on 16 February 1969.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that:





	a.  the 6th Battalion, 77th Artillery was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 48, dated 1971, and the Republic of Vietnam Civil Actions Honor Medal-First Class Unit Citation, based on Department of the Army General Orders Number 51, dated 1971; and

	b.  the 6th Battalion, 11th Artillery was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 42, dated 1972 . 

13.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Vietnam Service Medal.

14.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the Vietnam Counteroffensive, Phase III, the TET Counteroffensive, the Vietnam Counteroffensive, Phase IV, the Vietnam Counteroffensive, Phase V, the Vietnam Counteroffensive, Phase VI, the TET 69 Counteroffensive, the Vietnam Summer-Fall, 1969, and the Vietnam Winter-Spring campaigns during his tour of duty in the Republic of Vietnam.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  A silver service star is worn in lieu of five bronze service stars. 

15.  A review of the applicant's service record shows no derogatory information that would disqualify him for the first award of the Good Conduct Medal. Furthermore, Item 38 (Record of Assignment) of the applicant’s DA Form 20 shows he received a conduct and efficiency ratings of “Excellent” throughout his military service.

16.  Army Regulation 672-5-1, in effect at the time, provides that the Good Conduct Medal 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.




DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant suffered a fragment wound to his left thigh as a result of hostile action on 31 January 1968 in the Republic of Vietnam; that he was treated by military medical personnel at the 12th Evacuation Hospital; and that his treatment was made a matter of official record. Therefore, there is sufficient evidence to show that he is entitled to award of the Purple Heart and correction of his records to show this award.

2.  Special Orders awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Pistol Bar (.45 Caliber), which is not shown on his records; therefore, he is entitled to have his records corrected to show this award.

3.  General Orders awarded the applicant’s unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal-First Class Unit Citation which are not shown on his records; therefore, he is entitled to have his records corrected to show these unit awards.

4.  The evidence of record shows the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in eight campaigns while serving in the Republic of Vietnam; therefore, he is entitled to award of one silver service star and three bronze service stars to be affixed to the Vietnam Service Medal.

5.  The evidence of record confirms that the applicant served honorably during the period 14 June 1966 to 13 June 1969.  He received excellent conduct and efficiency ratings and attained the rank/grade of SP5/E-5.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant the first award of the Good Conduct Medal based on completion of a qualifying period of service.  Therefore, he is entitled to correction of his records to show this 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 applicant the Purple Heart for wounds received in action on 31 January 1968, in the Republic of Vietnam;

	b.  awarding the applicant the Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 14 June 1966 to 13 June 1969; and

	c.  showing award of the Purple Heart, the Good Conduct Medal (1st Award), the Sharpshooter Marksmanship Qualification Badge with Pistol Bar (.45 Caliber), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal-First Class Unit Citation, one silver service star and three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.





      ___        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)                                         AR20080010484



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ABCMR Record of Proceedings (cont)                                         AR20080010484



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