IN THE CASE OF:	   

		BOARD DATE:	        23 October 2008

		DOCKET NUMBER:  AR20080012094 


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, correction of his DD Form 214 (Report of Transfer or Discharge) to show three awards of the Purple Heart (correctly known as the Purple Heart with Second Oak Leaf Cluster) and his dates of service in Korea.

2.  The applicant states, in effect, that he was wounded in action on 
11 September 1969 (abdomen and legs) and that he received three awards of the Purple Heart.  He contends that he served in Korea from February 1971 to September 1971.

3.  The applicant provides a Department of Veterans Administration Original Disability Compensation; a copy of his DD Form 214; page 4 of his DA Form 20 (Enlisted Qualification Record); and two DA Forms 8-275-2 (Clinical Record Cover Sheet), 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 enlisted on 30 September 1968 for a period of 3 years.  He arrived in Vietnam on 10 May 1969.  He served as an armor crewman assigned to Troop C, 1st Squadron, 11th Armored Cavalry Regiment in Vietnam from 
17 May 1969 until he was wounded in action on 11 September 1969 and evacuated to the United States on 28 October 1969 for further medical treatment. He served in Korea from 7 February 1971 through 23 September 1971.  On 
25 September 1971, the applicant was released from active duty in the rank of sergeant after completing 2 years, 11 months, and 26 days of creditable active service with no time lost.

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, the Armed Forces Expeditionary Medal (Korea), and the Expert Marksmanship Qualification Badge with Rifle Bar as authorized awards.  Item 22c (Foreign and/or Sea Service) on his DD Form 214 shows that he served 1 year, 2 months, and 7 days of foreign service in USARPAC [U. S. Army Pacific].

4.  There are no orders for the Purple Heart in the applicant’s service personnel records.  However, a DA Form 8-275-3, dated 11 September 1969, states the applicant was wounded as a result of hostile action on 11 September 1969 and that he received wounds to both legs and his abdomen.  This form also states that the Purple Heart was awarded per Headquarters, 3rd Field Hospital, General Orders Number 260, dated 12 September 1969.

5.  The Vietnam Casualty Roster also shows the applicant was wounded in action on 11 September 1969.      

6.  There is no other evidence of record which shows the applicant was wounded two more times as a result of hostile action in Vietnam. 

7.  There is no evidence the applicant received the first award of the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.  His records show he received conduct and efficiency ratings of “excellent” throughout his service.

8.  Records show the applicant participated in two campaigns during his assignment in Vietnam.
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 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 50, dated 1971.

10.  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.

11.  Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a Soldier's conduct and efficiency ratings must 
have been rated as "excellent" for the entire period of qualifying service except that a service school efficiency rating based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 was not disqualifying.  However, there was no right or entitlement to the medal until the immediate commander made positive recommendation for its award and until the awarding authority announced the award in General Orders.

12.  Army Regulation 600-8-22 (Military Awards), 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.  

13.  Army Regulation 635-5 (Personnel Separations/Separation Forms) governed the preparation of the DD Form 214.  The regulation, in effect at the time, provided that the total active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the last oversea theater in which the service was performed would be entered in item 22c.  

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows the applicant was wounded in action on 
11 September 1969 in Vietnam and that he received wounds to both legs and his abdomen on this date.  The Vietnam Casualty Roster shows he was wounded once on 11 September 1969.  Based on the foregoing, the entry on the DA Form 
8-275-3 provided by the applicant which states that the Purple Heart was awarded for wounds received in action on 11 September 1969 is accepted as sufficient evidence on which to amend his DD Form 214 to show award of the Purple Heart.  

2.  Since there is no evidence of record which shows that the applicant was wounded as a result of hostile action on any date other than 11 September 1969 or that he was wounded on more than one occasion on 11 September 1969, there is insufficient evidence on which to base any additional awards of the Purple Heart in this case.

3.  Evidence of record shows the applicant served in Vietnam from 10 May 1969 to 28 October 1969, and in Korea from 7 February 1971 to 23 September 1971.  Item 22c correctly shows his cumulative foreign service.  There is no provision to show his dates of foreign service, other than for service in Vietnam.  Therefore, there is no basis for granting his request to show his dates of service in Korea on his DD Form 214.  

4.  The applicant was released from active duty in the rank of sergeant with almost 3 years of creditable active service with no time lost.  It appears the applicant met the eligibility criteria for the first award of the Good Conduct Medal for the period 30 September 1968 through 25 September 1971 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, his record should be corrected to show this award.

5.  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.

6.  The applicant’s unit received the Republic of Vietnam Gallantry Cross with Palm 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:

	a.  awarding him the first award of the Good Conduct Medal for the period 
30 September 1968 through 25 September 1971; and
 
	b.  adding the Good Conduct Medal, the Purple Heart, the Republic of Vietnam Gallantry Cross with Palm 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 two additional awards of the Purple Heart or amending his DD Form 214 to show his dates of service in Korea.



      ________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)                                         AR20080012094



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ABCMR Record of Proceedings (cont)                                         AR20080012094



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