IN THE CASE OF:	

		BOARD DATE:	  16 October 2008

		DOCKET NUMBER:  AR20080011592 


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 that he be awarded the Purple Heart.

2.  The applicant states that he was awarded the Purple Heart for wounds he suffered in a fire fight in January or February 1969.

3.  The applicant provides his separation document (DD Form 214).

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 military records show that he was inducted and entered active duty on 9 July 1968.  He was awarded the military occupational specialty of infantryman and was promoted to pay grade E-4.

3.  On 10 February 1970, the applicant was honorably released from active duty as an overseas returnee.  The DD Form 214 he was issued shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, the Army Commendation Medal, the Combat Infantryman Badge, and the Air Medal.

4.  The applicant’s DA Form 20, Enlisted Qualification Record, Item 41, Awards and Decorations, has the Army Commendation Medal (ARCOM) and ARCOM with 1st Oak Leaf Cluster listed, as well as the Civil Actions Honor Medal Unit Citation and the Gallantry Cross with Palm Unit Citation.  Item 40, Wounds, has "GSW ® Knee & Thigh" entered.  Item 38, Record of Assignments, shows that the applicant’s conduct and efficiency was constantly rated as excellent.  Item 31, Foreign Service, shows the applicant served in Vietnam from 15 December 1968 to 9 February 1970.

5.  Headquarters, 3d Surgical Hospital, General Orders Number 55 dated 23 February 1969 awarded the applicant the Purple Heart.

6.  Department of the Army Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, shows the pertinent identified campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal. Those periods are:  Counteroffensive, Phase VI (2 November 1968 through 22 February 1969); Tet 69 Counteroffensive (23 February 1969 through 8 June 1969); Vietnam Summer-Fall 1969 (9 June 1969 through 31 October 1969); and Vietnam Winter-Spring 1970 (1 November 1969 through 30 April 1970).

7.  Department of the Army General Order Number 8, dated 1974, awarded all personnel assigned to the United States Army Vietnam from 8 February 1962 through 28 March 1973 the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

8.  Army Regulation 600-8-22, Military Awards, provides that the PH is awarded for wounds 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 a medical officer, and the medical treatment must have been made a matter of official record.

9.  Army Regulation 600-8-22 authorizes, in pertinent part, award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation.  The regulations state that authorized bronze service stars will be worn on the appropriate campaign and service medal, which in this case is the Vietnam Service Medal.
10.  Army Regulation 600-8-22 also provides that the Good Conduct Medal 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.  A record of punishment is not automatically disqualifying.  However, at that time, a single efficiency rating of less than excellent was disqualifying.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond.  At that time, nonfavorable consideration was normally noted on the DA Form 20.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Purple Heart by General Orders.  As such, he is entitled to have that award added to his DD Form 214.

2.  The applicant was also awarded the ARCOM with 1st Oak Leaf Cluster, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Civil Actions Honor Medal Unit Citation.  As such, he is entitled to have these awards added to his DD Form 214 as well.

3.  The applicant served in Vietnam during four campaigns.  As such, he is entitled to four bronze service stars to be worn on his already awarded Vietnam Service Medal.

4.  While not requested by the applicant, it would appear that he is entitled to the Good Conduct Medal.  His record does not contain any evidence of misconduct, he was given two ARCOMs, and his conduct and efficiency were constantly rated as excellent.  As such, it would be appropriate to now award him the Good Conduct Medal.

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 Good Conduct Medal for the period 9 July 1968 to 10 February 1970; and

	b.  adding to his DD Form 214 the Purple Heart, the ARCOM with 1st Oak Leaf Cluster, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Civil Actions Honor Medal Unit Citation, and four bronze service stars to be worn on his already awarded Vietnam Service Medal.



      ___________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)                                         AR20080011592



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ABCMR Record of Proceedings (cont)                                         AR20080011592



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