IN THE CASE OF:	   

		BOARD DATE:	        15 October 2008

		DOCKET NUMBER:  AR20080012984 


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 was wounded in combat and that he needs care from the Department of Veterans Affairs.

3.  The applicant provides two DA Forms 8-275-3 (Clinical Record Cover Sheet), dated 9 April 1967 and 10 April 1967.  

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 9 November 1965 for a period of 3 years.  He arrived in Vietnam on 6 June 1966.  He served as a light weapons infantryman assigned to Company B, 1st Battalion, 12th Cavalry of the 1st Cavalry Division in Vietnam from 12 June 1966 until he was wounded in action on 9 April 1967 and evacuated to the United States on 2 June 1967 for further medical treatment.  On 
8 November 1968, the applicant was released from active duty in the rank of sergeant after completing 3 years of creditable active service with no time lost.

3.  The applicant’s DD Form 214 (Report of Transfer or Discharge) shows the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Combat Infantryman Badge, the Air Medal, and the Parachutist Badge as authorized awards.  

4.  There are no orders for the Purple Heart in the applicant’s service personnel records.  However, a DA Form 8-275-3, dated 9 April 1967, states the applicant was wounded in action by enemy fire on 9 April 1967.  This form also states that the Purple Heart was not awarded by the hospital.

5.  Item 40 (Wounds) on the applicant’s DA Form 20 (Enlisted Qualification Record) shows that he was wounded on 9 April 1967.  The Vietnam Casualty Roster also shows the applicant was wounded in action on 9 April 1967.      

6.  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.

7.  Records show the applicant participated in three campaigns during his assignment in Vietnam.

8.  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 Presidential Unit Citation for actions during the period 2-3 October 1966 based on Department of the Army General Orders Number 47, dated 1968.

9.  Department of the Army Pamphlet 672-3 also 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 56, dated 1969.

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 military 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, 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.  

DISCUSSION AND CONCLUSIONS:

1.  The medical evidence of record which shows the applicant was wounded in action by enemy fire on 9 April 1967 in Vietnam is accepted as sufficient evidence on which to award the Purple Heart.  

2.  The applicant was released from active duty in the temporary rank of sergeant with 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 based on completion of a period of qualifying service of three years from 
9 November 1965 through 8 November 1968.  Therefore, his records should be corrected to show this award.

3.  The applicant participated in three campaigns during his assignment in Vietnam which makes him eligible for award of the Vietnam Service Medal with three bronze service stars.

4.  The applicant’s unit received the Presidential Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it.



BOARD VOTE:

___XX_____  ___XX_____  ____XX____  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 9 April 1967 in Vietnam;  

	b.  awarding him the first award of the Good Conduct Medal for the period 
9 November 1965 through 8 November 1968; and 

	c.  adding the Purple Heart, the Good Conduct Medal, the Presidential Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and three bronze service stars for wear on his already-awarded Vietnam Service Medal.



      _______ 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)                                         AR20080012984





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ABCMR Record of Proceedings (cont)                                         AR20080012984



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