IN THE CASE OF:	  

		BOARD DATE:	        09 OCTOBER 2008

		DOCKET NUMBER:  AR20080012674 


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 award of the Purple Heart.

2.  The applicant states that he sustained combat wounds in the Republic of Vietnam in 1969 and should be entitled to award of the Purple Heart.

3.  The applicant provided a copy of his DA Form 20 (Enlisted Qualification Record), dated 19 March 1969, 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 records show he was inducted into the Army of the United States on 13 March 1969.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He was honorably separated and transferred to the U.S. Army Reserve Control Group (Reinforcement) on 23 March 1971.  The highest rank/grade he attained during his military service was specialist four (SP4)/E-4. 

3.  The applicant’s records show he served in the Republic of Vietnam from 1 September 1969 to 22 December 1969.  He was assigned to Company C, 2nd Battalion, 16th Infantry, 1st Infantry Division. 

4.  Item 24 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Marksman Marksmanship Qualification Badge with Rifle Bar, and the Combat Infantryman Badge.  Item 24 does not show award of the Purple Heart.

5.  Item 40 (Wounds) of the applicant’s DA Form 20 shows a blank entry.  

6.  The applicant's name is shown on the Vietnam Casualty Roster under code "23" indicating he was wounded in action and that his wounds were not serious, but required hospitalization.  The date of his wound is shown as 29 November 1969.

7.  Item 38 (Record of Assignment) of the applicant’s DA Form 20 shows he was a patient at the 106th General Hospital in Vietnam on 2 December 1969 and that he was evacuated to the U.S. Army Hospital at Fort Gordon, Georgia, on 22 December 1969.

8.  Department of the Air Force, 377th Combat Support Group, Special Orders 1915, dated 3 December 1969, show the applicant was directed to proceed on 4 December 1969, in patient status, from the 21st Casualty Staging Flight to the 106th General Hospital.

9.  The applicant’s records contain an unclassified Department of the Army message, dated 22 December 1969, authorizing the applicant's reassignment as a medical evacuee, from the 106th General Hospital, to the U.S. Army Hospital at Fort Gordon, Georgia, for follow-on treatment and rehabilitation. 



10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or 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, and the medical treatment must have been made a matter of official record.  This regulation further states that there is no time limit on submission of requests for award of the Purple Heart.

11.  Review of the applicant's records indicates his entitlement to additional awards that are not shown on his DD Form 214.

12.  Headquarters, 1st Infantry Division, General Orders Number 852, dated 20 January 1970; show the applicant was awarded the Bronze Star Medal for meritorious achievement in connection with ground operations against a hostile force in the Republic of Vietnam from 1 September 1969 to 30 December 1969.

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 2nd Battalion, 16th Infantry was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974 and the Republic of Vietnam Civil Actions Honor Medal-First Class Unit Citation, based on Department of the Army General Orders Number 53, dated 1970.

14.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Vietnam Service Medal.

15.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the Vietnam Summer-Fall 1969 (9 June 1969 to 31 October 1969) and the Vietnam Winter-Spring 1970 (1 November 1969 to 30 April 1970) campaigns during his tour of duty in the Republic of Vietnam.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

16.  A review of the applicant's service record shows no derogatory information that would disqualify him for the first award of the Good Conduct Medal.  Additionally, Item 38 of his DA Form 20 shows he received an “Excellent” conduct and efficiency rating throughout his military service.




17.  Army Regulation 672-5-1, in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have completed a qualified 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.  The enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "Unknown" for portions of the period under consideration are not disqualifying.  Service and efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 are not disqualifying.

18.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Campaign Medal.  This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.  Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant’s name appears on the Vietnam Casualty Roster as being wounded as a result of hostile action on 29 February 1970.  The evidence of record further shows that the applicant was reported as a patient on 2 December 1969, that he was transferred to the 106th General Hospital for treatment, and that he was subsequently transferred to the Army Hospital at Fort Gordon, Georgia, for further treatment.  Therefore, there is sufficient evidence to show that he is entitled to award of the Purple Heart and correction of his records to show this award.

2.  General Orders show the applicant was awarded the Bronze Star Medal for meritorious achievement in connection with ground operations against a hostile force in the Republic of Vietnam.  This award is not shown on his records; therefore, he is entitled to have his records corrected to show this award.

3.  General Orders awarded the applicant’s unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal-First Class Unit Citation, which are not shown on his records.  Therefore, he is entitled to have his records corrected to show these awards.

4.  The evidence of record shows that the applicant was awarded the Vietnam Service Medal and was evacuated prior to completing six months of service due to wounds resulting from hostile action; therefore, he is entitled to award of the Vietnam Campaign Medal and correction of his records to show these awards.

5.  The evidence of record shows the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in two campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of two bronze service stars to be affixed to the Vietnam Service Medal.

6.  The evidence of record confirms that the applicant served honorably during the period 13 March 1969 to 23 March 1971.  He was awarded the Combat Infantryman Badge and qualified for award of the Purple Heart.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant the first award of the Good Conduct Medal based on completion of qualifying service ending with the termination of a period of Federal military service.  Therefore, he is entitled to correction of his records to show this award.

BOARD VOTE:

__XXX __  __XXX__  __XXX__   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 the applicant the Purple Heart for wounds received in action on 29 November 1969 in the Republic of Vietnam;

	b.  awarding the applicant the Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 13 March 1969 to 23 March 1971; and

	c.  showing award of the Purple Heart, the Bronze Star Medal, the Good Conduct Medal (1st Award), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal-First Class Unit Citation, the Republic of Vietnam Campaign Medal, and two bronze service stars to be affixed to his already-awarded Vietnam Service Medal.




      ___        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)                                         AR20080012674



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ABCMR Record of Proceedings (cont)                                         AR20080012674



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