IN THE CASE OF:	  

		BOARD DATE:	  10 February 2009

		DOCKET NUMBER:  AR20080011526 


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, in effect, award of the Purple Heart (PH).   

2.  The applicant states, in effect, he is requesting that he be awarded the PH for shrapnel wounds he received while serving in the Republic of Vietnam (RVN). 

3.  The applicant provides no documentary evidence 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 record shows he was inducted into the Army of the United States and entered active duty on 8 November 1967.  He was trained in and awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  

3.  The applicant's Enlisted Qualification Record (DA Form 20) shows he served in the RVN from 23 April 1968 through 20 January 1969.  Item 38 (Record of Assignments) shows that during his RVN tour, he was assigned to Company B, 1st Battalion, 22nd Infantry Regiment, performing duties in MOS 11B as a rifleman.  It also shows he entered a patient status at the 106th General Hospital on 26 November 1968.  Item 38 also shows he received no less than "Excellent" conduct and efficiency ratings at all of his active duty assignments.  Item 40 contains an entry indicating he received fragmentation wounds to his right lower back and left shoulder on 19 August 1868.  

4.  The applicant's record is void of any derogatory information or a unit commander's disqualification that would have precluded him from receiving the Army Good Conduct Medal (AGCM).  

5.  On 7 November 1969, the applicant was honorably released from active duty, in the rank of specialist four (SP4)/E-4, after completing 2 years of active military service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the separation document 
(DD Form 214) he was issued at the time shows he earned the following awards during his active duty tenure:  National Defense Service Medal, Combat Infantryman Badge, RVN Campaign Medal, and Vietnam Service Medal.  

6.  During the processing of this case, a member of the Board staff reviewed the Department of the Army (DA) Vietnam Casualty Roster.  This roster contained an entry pertaining to the applicant that confirms he was wounded in action in the RVN on 19 August 1968.  

7.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.   It 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.

8.  Paragraph 2-13 of the awards regulation contains guidance on the Vietnam Service Medal and states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN.  Table B-1 contains a list of RVN campaigns and shows that during the applicant's tenure of assignment, participation credit was granted for the Vietnam Counteroffensive Phase IV
(2 April 1968 – 30 June 1968), Vietnam Counteroffensive Phase V (1 July 1968 – 1 November 1968), and the Vietnam Counteroffensive Phase VI (2 November 1968 – 22 February 1969) campaigns.  

9.  Chapter 4 of the awards regulation prescribes the policy for award of the 
AGCM.  It states, in pertinent part, that the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying 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, in which case a period of more than 1 year is a qualifying period.  Although there is no automatic entitlement to the AGCM, disqualification must be justified.  

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It confirms that during his tenure of assignment in the RVN, the applicant’s unit (Company B, 1st Battalion, 22nd Infantry Regiment) received the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he should be awarded the PH because he was wounded in action in the RVN was carefully considered and found to have merit. An entry in Item 40 of the applicant's DA Form 20 confirms he received fragmentation wounds to his right lower back and left shoulder on 19 August 1968, while serving in the RVN.  This entry is corroborated by an entry on the Vietnam Casualty Roster that also verifies the applicant was "wounded in action, not serious, hospitalized" in the RVN on 19 August 1968.  Therefore, it would be appropriate to award the applicant the PH for being wounded in action in the RVN on 19 August 1968 and to add this award to his record at this time. 

2.  The applicant's record also confirms that he received "excellent" conduct and 
efficiency ratings at all of his active duty assignments.  Further, the record is void 
of any derogatory information or a unit commander disqualification that would have precluded him from receiving the AGCM.  As a result, it would be appropriate to award him the first award of the AGCM, for his qualifying period of honorable active duty service from 8 November 1967 through 7 November 1969. 

3.  The record also confirms that based on his RVN service and campaign participation, he is also eligible for the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation, and      3 bronze service stars to be worn on his Vietnam Service Medal, which should also be added to his record at this time.


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.  awarding him the Purple Heart for being wounded in action in the Republic of Vietnam on 19 August 1968;
   
   b.  awarding him the Army Good Conduct Medal for his qualifying period of honorable active duty service from 8 November 1967 through 7 November 1969;
   
   c.  adding to his DD Form 214 the Purple Heart, Army Good Conduct Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and 3 bronze service stars for wear on his already-awarded Vietnam Service Medal; and
   
d.  providing him a correction to his DD Form 214 that reflects these awards.



      _________x_____________
               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)                                         AR20080011526



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ABCMR Record of Proceedings (cont)                                         AR20080011526



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