IN THE CASE OF:	  

	BOARD DATE:	  21 October 2008

	DOCKET NUMBER:  AR20080012960


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 Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show award of the Purple Heart for wounds received in the Republic of Vietnam.

2.  The applicant states, in effect, that he was wounded in combat.

3.  The applicant provides a copy of page 4 of his Enlisted Qualification Record (DA Form 20) showing a 24 June 1971 entry in Item 40 (Wounds), 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.  On 4 June 1970, the applicant enlisted in the Regular Army for 3 years.  He completed his initial training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).            

3.  On 17 November 1970, he was assigned as a rifleman with the 1st Battalion, 61st Infantry Regiment, 5th Infantry Division, in the Republic of Vietnam. 

4.  Casualty message date time group 251345Z, June 1971, reported that on 
24 June 1971, the applicant had received fragment wounds to his right leg when his track vehicle hit a land mine causing an explosion that overturned his vehicle. His wounds were described as not serious.  He was given medical treatment and returned to duty.

5.  The Vietnam Casualty Roster shows that the applicant was wounded in action on 24 June 1971.

6.  Item 40 (Wounds) of the applicant’s DA Form 20 shows that he received fragment wounds to his right leg on 24 June 1971.

7.  On 5 August 1971, the applicant was assigned for duty as an automatic rifleman with the 3rd Battalion, 187th Infantry Regiment, 101st Airborne Division.

8.  On 25 October 1971, the applicant returned to the United States for duty at Fort Carson, Colorado.

9.  On 1 June 1973, the applicant was released from active duty and transferred to the United States Army Reserve (USAR) Control Group (Reinforcement).  He had attained the rank of private first class (PFC), pay grade E-3 and had completed 2 years, 11 months, and 28 days of creditable active duty.

10.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, lists his awards as the National Defense Service Medal, Army Commendation Medal, Vietnam Service Medal with one bronze service star, Republic of Vietnam Campaign Medal with Device (1960), Combat Infantryman Badge, and the Expert Marksmanship Qualification Badge with Rifle (M-16) and Pistol (.45 Cal) Bars.  It does not show award of the Purple Heart.

11.  There is no available evidence in the applicant’s records or on the Awards and Decorations Computer Assisted Retrieval System (ADCARS) showing that he was awarded a Purple Heart. 
12.  Army Regulation 600-8-22 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.

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

14.  Item 38 (Record of Assignments) of the applicant's Enlisted Qualification Record (DA Form 20) shows that his conduct and efficiency were excellent.  The applicant’s records do not contain any evidence of disciplinary action.  There is no evidence to show that the commander took any action to deny him the Army Good Conduct Medal. 

15.  Army Regulation 672-5-1, in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who had completed 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.  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.  

16.  Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the following 2 campaign periods: the Vietnam Counteroffensive, Phase VII and the Consolidation I.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  

17.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that the 3rd Battalion, 187th Infantry Regiment, during the time of the applicant's assignment, was cited in Department of the Army General Orders Number 6, dated 1974, for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.



18.  Item 41 (Awards and Decorations) of the applicant’s DA Form 20 shows that Special Orders Number 254, Headquarters, United States Army Training Center, Infantry, Fort Polk, Louisiana, dated September 1970, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Grenade (M-79 Grenade Launcher) Bar and the Marksman Marksmanship Qualification Badge with Machinegun (M-60) Bar.  

DISCUSSION AND CONCLUSIONS:

1.  There are no general orders available that show the applicant was awarded the Purple Heart.  However, the applicant's name is listed on the Vietnam Casualty Roster and his records contain evidence of his being wounded in action and given medical treatment.  Therefore, the applicant should be awarded the Purple Heart.

2.  The applicant’s records clearly show that he distinguished himself in the performance of his military service.  Therefore, it is presumed that his not receiving an Army Good Conduct Medal for his service was an oversight.  Accordingly, he should be awarded this medal.

3.  Records show that the applicant participated in two campaign periods during his service in the Republic of Vietnam.  Therefore, he is eligible for award of two bronze service stars to be affixed to his Vietnam Service Medal.

4.  The applicant's unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his records should be corrected to show this foreign unit award.  

5.   Records show the applicant qualified as a sharpshooter with the M-79 grenade launcher.  Therefore his records should be corrected to add the Sharpshooter Marksmanship Qualification Badge with Grenade Bar.

6.  Records show the applicant qualified as a marksman with the M-60 machine gun.  Therefore his records should be corrected to show award of the Marksman Marksmanship Qualification Badge with Machinegun Bar.







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 action on 24 June
1971;

b. awarding him the Army Good Conduct Medal for the period from 
4 June 1970 to 1 June 1973;

c. deleting the Vietnam Service Medal with one bronze service star; and 

d. showing, in addition to the awards already shown on his DD Form 214,
 that his awards include the Purple Heart, Army Good Conduct Medal, Vietnam Service Medal with two bronze service star, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Sharpshooter Marksmanship Qualification Badge with Grenade Bar, and the Marksman Marksmanship Qualification Badge with Machinegun Bar.



	_________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)                                         AR20070016793



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ABCMR Record of Proceedings (cont)                                         AR20080012960



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