IN THE CASE OF:	  

		BOARD DATE:	  5 March 2009

		DOCKET NUMBER:  AR20080012796 


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 to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart.  

2.  The applicant states, in effect, that this award was erroneously omitted from his DD Form 214.  He also states that the error was discovered by the Department of Veteran Affairs during a review of his medical claim.

3.  In support of his application, the applicant provides copies of general orders awarding him the Purple Heart, his Purple Heart Certificate, and his 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 into the Army of the United States and entered active duty in pay grade E-1 on 9 November 1965. He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 45G (Turret Artillery Repairman).  He served in Vietnam from 21 October 1966 through 20 October 1967 with Troop C, 1st Squadron, 4th Calvary, 1st Infantry Division, for two campaign:  Vietnam Counteroffensive, Phase II (1 July 1966 – 31 May 1967) and Vietnam Counteroffensive, Phase III (1 June 1967 – 29 January 1968).

3.  The applicant submits a copy of Headquarters, 24th Evacuation Hospital (Semimobile) General Orders Number 84, dated 26 May 1967, in support of his application.  These orders show he was awarded the Purple Heart for wounds received in action in the Republic of Vietnam on 25 May 1967.  He also submits a copy of the corresponding Purple Heart certificate.

4.  The applicant's records contain a Standard Form 502 (Clinical Record – Narrative Summary), dated 7 September 1967, that states he sustained multiple fragment wounds in Vietnam on 25 May 1967 when the armored personnel carrier in which he was riding hit a hostile forces mine.  He was initially treated at the 24th Surgical Hospital, evacuated to the United States Air Force Hospital at Clark Air Force Base, and subsequently transferred to the United States.  He appeared before a Medical Evaluation Board (MEB) and Physical Evaluation Board (PEB) based on his injuries and was recommended for permanent retirement.  

5.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he received ratings of "excellent" in conduct and efficiency throughout his tenure of service.  There is also no evidence of record that shows the applicant was found disqualified for award of the Good Conduct Medal.

6.  The applicant was honorably separated in pay grade E-5 on 6 September 1968, for the purpose of permanent retirement by reason of physical disability.  

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Republic of Vietnam Campaign Medal with device (1960), the Vietnam Service Medal, the National Defense Service Medal, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  It does not list the Purple Heart.  

8.  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.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that his unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters, Department of the Army General Orders Number 21, dated 1969; and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Headquarters, Department of the Army General Orders Number 53, dated 1970.

10.  Army Regulation 600-8-22 (Military Awards) authorizes 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 campaign or service medal, including the Vietnam Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows that the applicant was wounded in action on 25 May 1967 while serving in Vietnam.  General orders were published awarding him the Purple Heart; however, these general orders were not included in his records.  When he was released from active duty, the Purple Heart was not added to his DD Form 214.  He is therefore entitled to have the Purple Heart added to his DD Form 214 at this time.

2.  The evidence of record also shows the applicant met the criteria for award of the Good Conduct Medal; however, this award is not shown on his DD Form 214. There is no evidence in the records which show the applicant was disqualified for this award.  Therefore, the applicant is entitled to award of the Good Conduct Medal (first award), for the period 9 November 1965 through 6 September 1968.

3.  General orders authorized the applicant’s unit award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions 

Honor Medal First Class Unit Citation, during his tenure of assignment in Vietnam. These unit awards are not shown on his DD Form 214.  Therefore, he is entitled to have his DD Form 214 corrected to show these unit awards.

4.  Evidence of record shows the applicant participated in two campaigns during his service in Vietnam.  He is therefore eligible for award of two bronze service stars to be affixed to his already-awarded Vietnam Service Medal and to have these bronze service stars added to his DD Form 214 at this time.

5.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

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.  deleting from his DD Form 214 the Vietnam Service Medal;
   
   b.  awarding him the Good Conduct Medal, for the period 9 November 1965 through 6 September 1968;
   
   c.  adding to his DD Form 214 the Purple Heart, Good Conduct Medal, Vietnam Service Medal with two bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; and
   
   
d.  providing him a corrected separation document that includes these awards.



      _________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)                                         AR20080012796



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ABCMR Record of Proceedings (cont)                                         AR20080012796



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