IN THE CASE OF:	  

		BOARD DATE:	  25 September 2008

		DOCKET NUMBER:  AR20080012685 


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, the PH should be added to his separation document (DD Form 214) and he should be issued PH orders. 

3.  The applicant provides a copy of his PH certificate 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 military records show that he enlisted in the Regular Army and entered active duty on 5 June 1967.  He was trained in, awarded, and served in military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  The applicant’s Enlisted Qualification Record (DA Form 20) confirms that he served in the Republic of Vietnam (RVN) from 14 December 1967 to 14 April 1968.  Item 38 (Record of Assignments) shows that during his RVN tour, he was assigned to Company A, 1st Battalion, 501st Infantry Regiment, and that he entered a patient status at the 106th General Hospital on 16 March 1968.  It also shows that he received “Excellent” conduct and efficiency ratings at each of his active duty assignments.  Item 40 (Wounds) contains an entry which shows he sustained fragment wounds to both thighs and his left arm on 16 March 1968.

4.  The applicant’s record is void of any derogatory information or of a unit commander disqualification that would have precluded him from receiving the Army Good Conduct Medal (AGCM).  The record also includes Headquarters, United States Army Training Center, Infantry, Special Orders Number 199, dated 18 July 1967, which confirms the applicant qualified as a “Sharpshooter” with the M-14 Rifle.

5.  On 4 June 1970, the applicant was honorably released from active duty (REFRAD), in the rank of sergeant (SGT), after completing 3 years of active military service.  The DD Form 214 he was issued at the time shows he earned the following awards during his active duty tenure:  National Defense Service Medal; Vietnam Service Medal (VSM) with two bronze service stars; RVN Campaign Medal with Device (1960); and Parachutist Badge.

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 contains an entry pertaining to the applicant that confirms he was wounded in action in the RVN on 16 March 1968.  

7.  The applicant provides a copy of a PH Certificate, dated 18 March 1968, which awarded him the PH for being wounded in action in the RVN on 15 March 1968 (sic).  

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 2-8 contains the regulatory guidance pertaining to awarding the PH.  It states, in pertinent part, that in order to support awarding a member the PH, it is necessary to establish that the wound, for which the award is being made, required treatment by medical personnel.  This treatment must be supported by records of medical treatment for the wound or injury received in action, and must have been made a matter of official record.  




9.  Paragraph 2-13 of the awards regulation contains guidance on award of the Vietnam Service Medal.  It 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 campaigns and it shows that during the applicant’s tenure of assignment in the RVN, he was credited with participating in the Vietnam Counteroffensive Phase III, TET Counteroffensive, and Vietnam Counteroffensive Phase IV campaigns.

10.  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.

11.  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 earned 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 Item 24 of his DD Form 214 should be corrected to show the PH award has been carefully considered and found to have merit.  The evidence of record confirms that while serving in the RVN, the applicant was wounded in action on 16 March 1968, and that he was treated for his wound by military medical personnel, as evidenced by an entry in Item 38 of his DA Form 20, and by an entry on the Vietnam Casualty Roster, the official DA list of RVN casualties.  As a result, it would be appropriate to correct his record to show he was awarded the PH for being wounded in action in the RVN on
16 March 1968, and by adding the PH to his record and separation document at this time.

2.  The applicant's record confirms that he received "Excellent" conduct and 
efficiency ratings at all of his active duty assignments, and his record is void of derogatory information or a unit commander disqualification that would have precluded him from receiving the AGCM.  As a result, it would also be appropriate to award him the AGCM, for his qualifying period of honorable active duty service from 5 June 1967 through 4 June 1970.  

3.  The evidence of record also shows that based on his service and campaign participation in the RVN, the applicant is entitled to the RVN Gallantry Cross with Palm Unit Citation, RVN Civil Actions Honor Medal First Class Unit Citation, and 3 bronze service stars with his VSM.  In addition, his record contains orders confirming his entitlement to the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).  Therefore, it would also be appropriate to add these awards to his record and separation document 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 showing his entitlement to the Purple Heart for wounds received in action on
16 March 1968 and issuing him appropriate orders; by awarding him the Army Good Conduct Medal, for his qualifying period of honorable active duty service from 5 June 1967 to 4 June 1970; by showing his entitlement to the Republic of Vietnam Gallantry Cross with Palm Unit Citation, RVN Civil Actions Honor Medal First Class Unit Citation, 3 bronze service stars for wear on his already-awarded Vietnam Service Medal, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14); and by providing him a corrected separation document that includes these changes.



      ________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)                                         AR20080012685



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ABCMR Record of Proceedings (cont)                                         AR20080012685


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