IN THE CASE OF:	  

		BOARD DATE:	  24 March 2009

		DOCKET NUMBER:  AR20080013801 


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) 1st Oak Leaf Cluster (2nd Award).  

2.  The applicant states, in effect, that his DD Form 214 (Armed Forces of the United States of Transfer or Discharge) does not reflect two awards of the PH (PH 1st Oak Leaf Cluster), which he has orders for.  

3.  The applicant provides Headquarters, 91st Evacuation Hospital General Order (GO) Number (#) 32, dated 2 April 1968 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 record shows he enlisted in the Regular Army and entered active duty on 13 May 1966.  He was trained in, awarded, and served in military occupational specialty (MOS) 11B (Light Weapons Infantryman), and the highest rank he attained while serving on active duty was specialist four (SP4)/E-4.

3.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 2 July 1967 through 24 April 1968.  Item 38 (Record of Assignments) shows that during his RVN tour, he was assigned to Company A, 2nd Battalion, 327th Infantry Regiment, performing duties in MOS 11B as a rifleman.  It also shows that on 11 September 1967 and 20 April 1968, the applicant was in patient status at the military hospital at Camp Zama, Japan and at El Paso, Texas, respectively.  It further shows he received no less than "Excellent" conduct and efficiency ratings at all of his active duty assignments.  

4.  Item 40 (Wounds) of the DA Form 20 shows the applicant received a fragment wound to his left arm on 25 August 1967, and a gunshot wound to his left side on 24 March 1968.

5.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows he earned the following awards during his active duty tenure:  National Defense Service Medal (NDSM); Parachutist Badge; Vietnam Service Medal (VSM); Combat Infantryman Badge (CIB); and Marksman Marksmanship Qualification Badge with Rifle Bar.  His Military Personnel Records Jacket (MPRJ) is void of any derogatory information or a unit commander disqualification that would have precluded him from receiving the Army Good Conduct Medal (AGCM).  

6.  The applicant's record contains Headquarters, 91st Evacuation Hospital,
GO #32, dated 2 April 1968, which awarded him the PH 1st Oak Leaf Cluster (2nd Award) for being wounded in action on 24 March 1968.  It also contains 
Headquarters, 101st Air Cavalry Division GO #3734, dated 18 July 1968, which awarded him the Bronze Star Medal (BSM) for his meritorious service in connection with military operations against a hostile force during the period 
2 July 1967 through 1 July 1968.

7.  On 12 May 1969, the applicant was honorably released from active duty.  The 
DD Form 214 he was issued at the time confirms he completed a total of 
3 years of active military service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows he earned the following awards during his active duty tenure:  NDSM; VSM with 2 bronze service stars; RVN Campaign Medal with Device (1960); CIB; Parachutist Badge; Expert Marksmanship Qualification Badge with Machinegun Bar; Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) Bar; and Marksman Marksmanship Qualification Badge with Rifle (M-14) Bar. 
8.  During the processing of this case, a member of the Board’s staff reviewed the Department of the Army (DA) Vietnam Casualty Roster.  This search revealed entries confirming the applicant was wounded in action in the RVN on 25 August 1967, and again on 24 March 1968.

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

10.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  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.  DA Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during the applicant’s tenure of assignment in the RVN, his unit (2nd Battalion, 327th Infantry Regiment ) received the RVN Gallantry Cross with Palm Unit Citation and RVN Civil Actions Honor Medal First Class Unit Citation.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he earned the PH 1st Oak Leaf Cluster
(2nd Award) was carefully considered and found to have merit.  The evidence of record confirms he was wounded in the RVN on two separate occasions, first on 25 August 1967 and again on 24 March 1968, as evidenced by PH orders contained in his record and entries on his DA Form 20 and the Vietnam Casualty Roster, the official DA list of RVN battle casualties.  Therefore, it would be appropriate to correct his record and separation document accordingly. 

2.  The applicant's record also contains orders awarding him the BSM for meritorious service in the RVN during the period 2 July 1967 through 1 July 1968.  Therefore, it would also be appropriate and serve the interest of equity and justice to add the BSM to his record and separation document at this time.  

3.  The evidence of record further confirms the applicant received “Excellent” conduct and efficiency ratings at all of his active duty assignments.  Further, his record is void of any derogatory information or a unit commander disqualification that would have precluded him from receiving the AGCM.  Therefore, it would be appropriate to award him the first award of the AGCM for his qualifying period of honorable active duty service from 23 May 1966 through 22 May 1969.

4.  The applicant's record also shows that based on his RVN service and campaign participation, he is also eligible for the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation.  As a result, these awards should also be added 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 by:

	 a.  awarding him the Army Good Conduct Medal for his qualifying honorable active duty service from 13 May 1966 through 12 May 1969;

	b.  adding to item 24 of his DD Form 214 the Purple Heart 1st Oak Leaf Cluster (2nd Award), Bronze Star Medal, Army Good Conduct Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; and 

   c.  providing him a correction to his 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)                                         AR20080013801



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ABCMR Record of Proceedings (cont)                                         AR20080013801


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