IN THE CASE OF:	  

		BOARD DATE:	        7 August 2008

		DOCKET NUMBER:  AR20080010628 


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 records to show award of the Purple Heart.

2.  The applicant states that he was wounded in combat and was retired for disability as a result of his wounds.  He was awarded the Purple Heart, but his medal and certificate were burned in a house fire.

3.  The applicant provided a copy of his DD Form 214 (Armed Forces of the United states Report of Transfer or Discharge), dated 3 December 1969, and a photograph of a Soldier leaning over another Soldier with a Purple Heart medal on a hospital bed, 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 records show that he was inducted into the Army of the United States on 4 September 1968.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  The highest rank he attained during his military service was private first class (PFC)/E-3.  He was permanently retired by reason of physical disability on 3 December 1969. 

3.  The applicant’s records show he served in the Republic of Vietnam from 15 February 1969 to 7 June 1969.  He was assigned to Company D, 2nd Battalion, 3rd Infantry, 199th Infantry Brigade. 

4.  Item 24 (Decorations, Medals, Badges, Commendation, 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 Republic of Vietnam Campaign Medal with 1960 Device, and the Sharpshooter marksmanship Qualification badge with Rifle Bar.  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 “(F) (W) LEGS AMPUTATIONS TOES (L) FOOT 12 APR 69," indicating that the applicant suffered fragment wounds to his legs on 12 April 1969 and that his left foot toe(s) was/were amputated.

6.  The applicant's name is shown on the Vietnam Casualty Roster under code "23" indicating he was wounded in action and that he was hospitalized.

7.  Item 23 (Diagnosis) of the applicant's DA Form 8-275-2 (Clinical Record Cover Sheet), dated 7 June 1969, shows the applicant suffered multiple fragment wounds in both legs and buttocks, on 12 April 1969.  Furthermore, Item 25 (Selected Administrative Data) of this form shows the applicant was awarded the Purple Heart per General Orders Number 105, issued by Headquarters, 3rd Field Hospital, on 13 April 1969.  The applicant's record is void of General Orders Number 105.

8.  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.



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

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 2nd Battalion, 3rd Infantry, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 51, dated 1971 and the Republic of Vietnam Civil Actions Honor Medal-First Class Unit Citation, based on Department of the Army General Orders Number 31, dated 1971.

11.  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.

12.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the Vietnam Counteroffensive, Phase VI, and the TET 69 Counteroffensive, 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.

13.  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 an "Excellent" conduct and efficiency ratings throughout his military service.

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.







DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant suffered multiple fragment wounds in both legs and buttocks, on 12 April 1969, in the Republic of Vietnam and that he was awarded the Purple Heart per General Orders Number 105, issued by Headquarters, 3rd Field Hospital, on 13 April 1969.  Therefore, the applicant is entitled to correction of his records to show award of the Purple Heart.

2.  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 correction of his records to show these unit awards.

3.  The evidence of record shows the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in two campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of two bronze service stars to be affixed to the Vietnam Service Medal.

4.  The evidence of record confirms that the applicant served honorably during the period 4 September 1968 to 3 December 1969.  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 co mpletion of qualifying service ending with the termination of a period of Federal military 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 Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 4 September 1968 to 3 December 1969; and

	b.  showing award of the Purple Heart, the Good Conduct Medal (1st Award), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal-First Class, and two bronze service stars to be affixed to his already-awarded Vietnam Service Medal.



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      _______ _   _______   ___
               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)                                         AR20080010628





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ABCMR Record of Proceedings (cont)                                         AR20080010628



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