IN THE CASE OF:	  

		BOARD DATE:	       16 October 2008

		DOCKET NUMBER:  AR20080011682


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show all awards to which he is entitled, including the Purple Heart, Good Conduct Medal, Second Class Gunner – 106mm recoilless rifle (equivalent to Marksman Marksmanship Qualification Badge), Expert Marksmanship Qualification Badge with Rifle Bar (M-14), and Vietnam Gallantry Cross with Palm Unit Citation.

2.  The applicant states awards were left off his DD Form 214 when he departed Vietnam and active duty.

3.  The applicant provides:

	a.  DD Form 214 for the period 3 October 1966 to 2 October 1968.

	b.  DD Form 215 (Correction to DD Form 214).

	c.  National Personnel Records Center (NPRC) letter, dated 27 May 2008, stating his entitlement to the Purple Heart could not be verified.

	d.  DA Form 20 (Enlisted Qualification Record).

	e.  Special Orders Number 39, 1st Armored Division, Fort Hood, TX, dated 21 February 1967, showing qualification as a Second Class Gunner [Marksman] with the 106mm recoilless rifle.

	f.  Special Orders Number 287, 1st Armored Division, Fort Hood, TX, dated 6 December 1966, showing qualification as an Expert with the M-14 rifle.

	g.  Various documents pertaining to a Physical Evaluation Board (PEB) convened to determine his percentage of disability for multiple shrapnel wounds to his head, thorax, arms, and right knee.

CONSIDERATION OF EVIDENCE:

1.  The applicant served in the Army of the United States (AUS) from 3 October 1966 through 2 October 1968.  He served in Vietnam as an infantryman and as a radio telephone operator (RTO) with Company E, 1st Battalion, 46th Infantry, 198th Light Infantry Brigade from on/about 4 October 1967 to on/about 20 February 1968.

2.  The applicant's DA Form 20 shows that he received uniformly "excellent" conduct and efficiency rating during his active service.  Item 40 (Wounds) of this form is blank, and Item 41 (Awards and Decorations) does not show the Purple Heart or Good Conduct Medal as authorized awards.  It does show award of the Marksman Marksmanship Qualification Badge with Recoilless Rifle Bar and the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

3.  The applicant's records do not reflect any acts of indiscipline, any records of nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice, or any court-martial convictions.

4.  There are no orders in the applicant's records showing he was awarded the Purple Heart or the Good Conduct Medal.  During the processing of this case, a member of the Board staff reviewed the Awards and Decorations Computer Assisted Retrieval System (ADCARS) maintained by the Military Awards Branch of the United States Army Human Resources Command (HRC), which is an index of general orders issued during the Vietnam era between 1965 and 1973.  This review failed to reveal any Purple Heart or Good Conduct Medal orders on file for the applicant.

5.  The applicant's name appears on the Vietnam Casualty Roster as having been wounded in action on 16 February 1968.

6.  The applicant's records clearly show that, on 16 February 1968, he was seriously wounded by incoming mortar rounds and was medically evacuated to a military hospital with wounds to his scalp, face, left eye, right neck, right upper 

arm, and right knee.  He was then further evacuated through the US Army Hospital, Camp Zama, Japan to the Army Hospital at Fort Gordon, GA on 23 February 1968.  He remained a patient until 23 May 1968 when he was discharged from the hospital and assigned to Fort Stewart, GA with a permanent profile for his eyes.

7.  The applicant was honorably separated by reason of expiration of his term of service (ETS) on 2 October 1968 and transferred to the US Army Reserve Control Group (Annual Training).  His DD Form 214 shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, and Combat Infantryman Badge.  It does not show the Purple Heart, the Good Conduct Medal, any marksmanship qualification badges, or any unit awards.

8.  .  Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.  It states, in pertinent part:

	a.  The Good Conduct Medal is awarded to Soldiers 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.  Army Regulation 672-5-1, in effect at the time the applicant was discharged, required that throughout a qualifying period of service for award of the GCMDL, the Soldier must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial.

	b.  The Purple Heart is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that:  (1) the wound was the result of hostile action; (2) the wound required medical treatment; and (3) the medical treatment was made a matter of official record.  The regulation also provides that there is no statute of limitations on requests for award of the Purple Heart.  US Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided for award of the Purple Heart and stated that Soldiers who were treated and returned to their units within 24 hours of being wounded would be awarded the Purple Heart by their unit of assignment.  For wounded Soldiers requiring hospitalization in excess of 24 hours or medical evacuation from Vietnam, the authority to award the Purple Heart was delegated to hospital commanders.


	c.  A bronze service star, based on qualifying service, is awarded for each campaign listed in Appendix B of the regulation.  Authorized bronze service stars will be worn on the appropriate service medal.  The applicant served during two campaigns – Vietnam Counteroffensive, Phase III (1 June 1967 — 29 January 1968) and TET Counteroffensive (30 January 1968 — 1 April 1968).

9.  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 that all units subordinate to US Army, Vietnam were cited for award of the Vietnam Gallantry Cross with Palm Unit Citation for the period 8 February 1962 to 28 March 1973 by Department of the Army General Order Number 8, dated 1974.

10.  On 28 May 1969, the Army Board for Correction of Military Records (ABCMR) reviewed the circumstances of the applicant's separation from active service.  In accordance with an advisory opinion from the Office of The Surgeon General of the Army, the Board found the applicant should have been found unfit for duty and separated by reason of retirement (temporary disability).  On 17 December 1969, the applicant's DD Form 214 was corrected to show he was retired and placed on the temporary disability retired list (TDRL) with a disability rating of 30 percent.

11.  On 20 July 1970, the applicant was removed from the TDRL and permanently retired due to physical disability.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests award of the Purple Heart, Good Conduct Medal, Marksman Marksmanship Qualification Badge (Recoilless Rifle), Expert Marksmanship Qualification Badge (M-14 Rifle) and Vietnam Gallantry Cross with Palm Unit Citation and any other awards to which he may be entitled.

2.  The applicant is clearly entitled to award of the Purple Heart.  After being seriously wounded by mortar shrapnel, he was medically evacuated from Vietnam and should have been awarded the Purple Heart while in the hospital.  This apparently did not happen.  He should be awarded the Purple Heart for wounds received in Vietnam on 16 February 1968.


3.  The applicant's record shows "excellent" conduct and efficiency ratings, and no courts-martial convictions or any other disciplinary violations.  He should have received the Good Conduct Medal for the period 3 October 1966 through 2 October 1968.

4.  The applicant served in Vietnam during two named campaigns.  He is entitled to wear two bronze service stars on his already awarded Vietnam Service Medal.

5.  The applicant's records show he qualified as an expert with the rifle and as a marksman (second class gunner) with the recoilless rifle.  His DD Form 214 should reflect the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) and the Marksman Marksmanship Qualification Badge with Recoilless Rifle Bar.

6.  The applicant is entitled to have his records corrected to show award of the Vietnam Gallantry Cross with Palm Unit Citation in accordance with Department of the Army General Order Number 8, dated 1974.

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 wounds received in Vietnam on 16 February 1968, and the Good Conduct Medal for the period 3 October 1966 through 2 October 1968.

	b.  Deleting from his DD Form 214 the Vietnam Service Medal.


	c.  Adding to his DD Form 214, the Purple Heart, the Good Conduct Medal, the Vietnam Service Medal with 2 bronze service stars, the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), the Marksman Marksmanship Qualification Badge with Recoilless Rifle Bar, and the Vietnam Gallantry Cross with Palm Unit Citation.



															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)                                         AR20080011682





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ABCMR Record of Proceedings (cont)                                         AR20080011682



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