IN THE CASE OF:	  

		BOARD DATE:	        3 September 2008

		DOCKET NUMBER:  AR20080010888 


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 item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214 (Report of Transfer or Discharge) to show award of the Purple Heart, the Army Commendation Medal, the Soldier’s Medal, and the Good Conduct Medal.  

2.  The applicant states, in effect, that his DD Form 214 does not include all the awards that he earned while serving in the Army from 17 May 1966 to 16 May 1968, including one year of combat service in Vietnam where he was wounded on 12 May 1967.

3.  The applicant provides an award certificate for the Purple Heart for wounds received in action during the month of May 1967 in Vietnam; an award certificate, a citation, and orders for the Army Commendation Medal; an award certificate and orders for the Soldier’s Medal; orders for the Good Conduct Medal; a Department of Veterans Affairs (DVA) Rating Decision, dated 26 February 2008; and a DVA letter, dated 8 March 2008.

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 17 May 1966.  He arrived in Vietnam on 
10 January 1967.  He was assigned to Company B, 4th Battalion, 47th Infantry of the 9th Infantry Division in Vietnam from 28 January 1967 through 9 January 1968.  On 16 May 1968, the applicant was released from active duty. 

3.  The applicant’s DD Form 214 shows the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Combat Infantryman Badge, two awards of the Overseas Service Bar, the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14 Modified), and the Expert Marksmanship Qualification Badge with Rifle (M-16) and Mortar (81 mm) Bars as authorized awards.  Item 22c (Foreign and or Sea Service) on his DD Form 214 shows the entry, “USARPAC [U.S. Army Pacific] 01 00 00.”      

4.  There is no evidence in the available records which show that the applicant was awarded the Purple Heart or was wounded as a result of hostile action in Vietnam.

5.  The applicant's DA Form 20 (Enlisted Qualification Record) does not show entitlement to the Purple Heart and item 40 (Wounds) on his DA Form 20 is blank.  The applicant's name does not appear on the Vietnam Casualty Roster.

6.  On 22 April 1968, the applicant underwent a separation physical examination which makes no mention of any injuries or wounds sustained as a result of hostile action in Vietnam.

7.  Headquarters, 9th Infantry Division General Orders Number 417, dated 
25 January 1968, show the applicant was awarded the Army Commendation Medal.

8.  Headquarters, 9th Infantry Division General Orders Number 644, dated 
3 February 1968, show the applicant received the Soldier’s Medal for heroism on 12 May 1967.  The citation for this award states, in pertinent part, that “The wind had blown pieces of burning debris onto crates of high explosive and white phosphorous 81 millimeter mortar rounds,” that the applicant “ran to the fire and 
attempted to beat it out with his shirt,” and that “Despite the agonizing pain of second and third degree burns which the flames inflicted upon his face, arms and chest, [the applicant’s rank and name] refused medical evacuation until he was assured that the area was clear and that his comrades were safe from the now exploding ammunition.”

9.  Headquarters, 6th Infantry Division and Fort Campbell General Orders Number 94, dated 16 April 1968, show the applicant was awarded the first award of the Good Conduct Medal. 

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

11.  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.  

12.  Department of the Army Pamphlet 672-3 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.    

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 600-8-22 provides, in pertinent part, that the Soldier's Medal is awarded for distinguished heroism not involving actual conflict with the enemy.  The performance must have involved personal hazard or danger and the voluntary risk of life under conditions not involving conflict with an armed enemy. 

15.  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.  




DISCUSSION AND CONCLUSIONS:

1.  There is no evidence of record which shows that the applicant was wounded as a result of hostile action in Vietnam on 12 May 1967.  The applicant was awarded the Soldier’s Medal for an incident that occurred on 12 May 1967 in which the applicant received injuries.  The Soldier’s Medal is awarded specifically for heroism not involving actual conflict with the enemy.  In the absence of orders or other evidence of record showing that the applicant was injured or treated for wounds as a result of hostile action in Vietnam on 12 May 1967, it appears he may have erroneously been awarded the Purple Heart for wounds received during the incident for which he received the Soldier’s Medal.  Therefore, regrettably, there is insufficient evidence on which to base adding the Purple Heart to his DD Form 214.   

2.  Orders show the applicant received the Army Commendation Medal, the Soldier’s Medal, and the Good Conduct Medal.

3.  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 received 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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___xx___  ___xx___  ___xx___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Army Commendation Medal, the Soldier’s Medal, the Good Conduct Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the 
Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and two bronze service stars for wear on his already-awarded Vietnam Service Medal on his DD Form 214. 

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the Purple Heart.



      _________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)                                         AR20080010888



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ABCMR Record of Proceedings (cont)                                         AR20080010888



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