IN THE CASE OF:	  

		BOARD DATE:	        23 OCTOBER 2008

		DOCKET NUMBER:  AR20080010530 


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 did not receive the Purple Heart for being wounded in Vietnam.

3.  The applicant provides in support of his application, a copy of his Report of Medical History, dated 22 July 1968; a copy of his Report of Transfer or Discharge (DD Form 214); and a copy of a letter, from the National Personnel Records Center, dated 15 March 2007, verifying his entitlement to specific awards.

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 27 August 1965, the applicant enlisted in the Army in Los Angeles, California, for 3 years, in the pay grade of E-1.  He successfully completed his training as a light weapons infantryman.

3.  The applicant was promoted to the pay grade of E-2 on 27 December 1965.

4.  On 4 January 1966, nonjudicial punishment (NJP) was imposed against the applicant for disobeying a lawful order from his platoon sergeant to go get the company charge of quarters.  His punishment consisted of a forfeiture of pay in the amount of $20.00 and 14 days of restriction.

5.  The applicant was promoted to pay grade E-3 on 25 April 1966.  He was transferred to Vietnam on 4 May 1967 and he was assigned to Company C, 
1st Battalion Airborne, 503rd Infantry Regiment.

6.  The applicant was promoted to pay grade E-4 on 1 July 1967.

7.  While in Vietnam, the applicant participated in the Vietnam Counteroffensive Campaign, Phase III, which extended from 1 June 1967 through 29 January 1968.

8.  The applicant’s Enlisted Qualification Record (DA Form 20) shows that on 11 November 1967, the applicant sustained fragment wounds to his head, neck and left hip while he was in Vietnam.  His DA Form 20 also shows that he was hospitalized from 11 November 1967 as a result of his wounds and that his conduct and efficiency ratings were excellent throughout his service in the Army.

9.  The applicant returned to the Continental United States on 6 January 1968.  On 26 August 1968, he was honorably released from active duty (REFRAD) at the expiration of his term of service and he was transferred to the United States Army Reserve Control Group (Reinforcement) to complete his Reserve obligation.

10.  The DD Form 214 that the applicant was furnished at the time of his REFRAD shows that he was awarded the Parachutist Badge, the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, and the Combat Infantryman Badge.  However, his records do not show that orders were ever published awarding him the Purple Heart.




11.  On 15 March 2007, the National Personnel Records Center notified the applicant that he was entitled to the National Defense Service Medal, the Vietnam Service Medal with one bronze service star, the Combat Infantryman Badge, the Republic of Vietnam Campaign Medal with Device 1960, the Expert Marksmanship Qualification Badge with Automatic Rifle Bar, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and the Parachutist Badge.  However, the Expert Marksmanship Qualification Badge with Automatic Rifle Bar, the Sharpshooter Badge with Rifle Bar, the Parachutist Badge, the Device 1960 for wear on his Republic of Vietnam Campaign Medal, and one bronze service star for wear on his Vietnam Service Medal were never included on his DD Form 214.

12.  A review of the Vietnam Casualty Reference Name Listing shows that the applicant was wounded in action on 11 November 1967, while he was in Vietnam, serving in the rank of specialist four (E-4).

13.  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 medical personnel, and the medical treatment must have been made a matter of official record.

14.  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.

15.  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 (DAGO) Number 8, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that errors were made during the preparation of the applicant’s DD Form 214 which resulted in the omission of the Expert Marksmanship Qualification Badge with Automatic Rifle Bar, the Sharpshooter 

Marksmanship Qualification Badge with Rifle Bar, the Parachutist Badge, the Device 1960 for wear on his Republic of Vietnam Campaign Medal, and one bronze service star for wear on his Vietnam Service Medal.  He was notified by the National Personnel Records Center on 15 March 2007 of his entitlement to these awards.  Therefore, they should now be included on his DD Form 214.

2.  A review of the applicant’s records, to include the Vietnam Casualty Reference Name Listing, show that he sustained fragment wounds to his head, neck and left hip, as a result of hostile action by enemy forces.  Therefore, he is entitled to be awarded the Purple Heart and to have this award included on his DD Form 214.

3.  While the applicant’s records do show that he had NJP imposed against him 4 January 1966, his act of misconduct was not to the level that would warrant his disqualification for the Army Good Conduct Medal.  His records show that while he was in the Army his conduct and efficiency ratings were excellent and as such, he was timely promoted.  Therefore, it would be appropriate to award him the Good Conduct Medal at this time.

4.  The applicant is also entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on DAGO Number 8, dated 1974.

5.  In view of the foregoing, it would now be appropriate to correct the applicant’s records as recommended below.

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 Department of the Army records of the individual concerned be corrected by:


   a.  amending his DD Form 214 to void the award of the Vietnam Service Medal and the Vietnam Campaign Medal;”

   b.  awarding him the Army Good Conduct Medal for his excellent service in the Army from 27 August 1965 through 26 August 1968, in the rank and pay grade of specialist four (E-4); 

   c.  awarding him the Purple Heart for fragment wounds that he received to his head, neck and left hip on 11 November 1967, while he was in Vietnam, serving in the rank and pay grade of specialist four (E-4).

   d.  amending his DD Form 214 to show that he was awarded the Purple Heart, the Army Good Conduct Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Expert Marksmanship Qualification Badge with Automatic Rifle Bar, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, the Parachutist Badge, the Republic of Vietnam Campaign Medal with Device 1960 and the Vietnam Service Medal with one bronze service star.




      _______ _  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)                                         AR20080010530



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ABCMR Record of Proceedings (cont)                                         AR20080010530



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