IN THE CASE OF:	 

		BOARD DATE:	       23 December 2008

		DOCKET NUMBER:  AR20080014854 


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 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 he never received the Purple Heart for a right leg wound on 22 November 1967 in Vietnam.  He contends that his wound is recorded in his service medical records and on his DA Form 20 (Enlisted Qualification Record).

3.  The applicant provides a copy of his DD Form 214, service medical records, and page four of his DA Form 20.

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 was inducted on 4 May 1966.  He arrived in Vietnam on 10 January 1967.  He served as a light weapons infantryman assigned to Company C, 2d Battalion, 47th Infantry of the 9th Infantry Division, in Vietnam from 28 January 1967 through 20 June 1967.  He was assigned to Company A, 2d Battalion, 7th Cavalry of the 1st Cavalry Division, in Vietnam from 21 June 1967 through 29 January 1968.  On 3 May 1968, the applicant was released from active duty in the temporary rank of specialist four after completing 2 years of creditable active service with no time lost.

3.  The applicant’s DD Form 214 shows the National Defense Service Medal, the Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Campaign Medal with Device (1960), the Army Commendation Medal, the Combat Infantryman Badge, the Air Medal, two awards of the Overseas Service Bar, and the Sharpshooter Marksmanship Qualification Badge with Rifle and Flamethrower Bars as authorized awards.

4.  There are no orders for the Purple Heart in the applicant’s service personnel records.  However, a Standard Form 513 (Clinical Record) states the applicant sustained a punji stake wound to his right leg on 22 November 1967.  A DD Form 640 (Nursing Notes) states the applicant was admitted for a punji stake wound to his right leg on 22 November.

5.  Item 40 (Wounds) of the applicant’s DA Form 20 shows that he was wounded on 22 November 1967.  The Vietnam Casualty Roster also shows the applicant was wounded in action on 20 November 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.  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 (2d Battalion, 47th Infantry) is eligible for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 31, dated 1969.

8.  Department of the Army Pamphlet 672-3 shows the applicant's unit (2d Battalion, 47th Infantry) was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 59, dated 1969.

9.  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.

10.  Army Regulation 672-5-1 (Military Awards), 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.

DISCUSSION AND CONCLUSIONS:

1.  Although the Vietnam Casualty Roster shows the applicant was wounded in action on 20 November 1967, the applicant admits that he was wounded on 22 November 1967 and contemporaneous medical records show he was admitted to the hospital on 22 November 1967 for a punji stake wound to his right leg.  Therefore, the 22 November 1967 clinical record is accepted as sufficient evidence on which to base award of the Purple Heart.

2.  The applicant was separated in the temporary rank of specialist four with 2 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 for the period 4 May 1966 through 3 May 1968 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, his records should be corrected to show this award.

3.  The applicant’s unit (2d Battalion, 47th Infantry) was cited for 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 while he was assigned to it.


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 22 November 1967;

	b.  awarding him the first award of the Good Conduct Medal for the period 4 May 1966 through 3 May 1968; and 

	c.  adding the Purple Heart, the Good Conduct Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to his DD Form 214.



      ________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)                                         AR20080014854



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ABCMR Record of Proceedings (cont)                                         AR20080014854



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