IN THE CASE OF:	    

		BOARD DATE:	         4 December 2008

		DOCKET NUMBER:   AR20080014924 


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, that the Purple Heart (PH) be added to the list of awards contained in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his separation document (DD Form 214).

2.  The applicant states, in effect, he was awarded the PH for being wounded in action in the Republic of Vietnam (RVN).

3.  The applicant provides a PH certificate 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 that he enlisted in the Regular Army and entered active duty on 3 November 1969.  He was trained in and awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman) and specialist four (SP4) was the highest rank he attained while serving on active duty.

3.  The applicant’s Enlisted Qualification Record (DA Form 20) shows he served in the RVN from 29 October 1970 through 27 October 1971.  Item 38 (Record of Assignments) shows that during his RVN tour he was assigned to Headquarters and Headquarters Company, Company D, and Company E, 1st Battalion, 11th Infantry Regiment, performing duties in MOS 11B as a light weapons infantryman.  Item 38 also shows that he received no less than "Excellent" conduct and efficiency ratings in all of his active duty assignments.  Item 40 (Wounds) contains an entry indicating he received a fragment wound to his left hand on 21 March 1971.

4.  The applicant’s record contains a copy of Headquarters, 101st Airborne Division, General Orders Number 10129, dated 20 October 1971, which awarded the applicant the PH for being wounded in action in the RVN on 21 March 1971.  His record is also void of any derogatory information or a unit commander's disqualification that would have precluded him from receiving the Army Good Conduct Medal (AGCM).

5.  On 7 March 1972, the applicant was honorably released from active duty in the rank of SP4 after completing 2 years, 4 months, and 5 days of active military service.  Item 24 of the DD Form 214 he was issued at the time shows he earned the following awards:  Vietnam Service Medal (VSM) with 3 bronze service stars, National Defense Service Medal (NDSM), RVN Campaign Medal, Bronze Star Medal (BSM), Air Medal (AM), and Expert Marksmanship Qualification Badge with Rifle and Machinegun Bars.

6.  Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy.  Paragraph 2-8 contains the regulatory guidance pertaining to award of the PH.  It states, in pertinent part, that in order to support award of the PH there must be evidence that the wound for which the award is being made was received as a result of enemy action, that the wound required treatment by military medical personnel, and a record of this medical treatment must have been made a matter of official record.

7.  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.

8.  Department of the Army General Order Number 8, dated in 1974, authorized the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all personnel assigned to the RVN from 8 February 1962 through 28 March 1973. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that the PH should be added to the list of awards contained in item 24 of his DD Form 214 was carefully considered and found to have merit.  By regulation, the PH is authorized to be awarded to any member wounded in action.  In this case, the applicant’s record contains orders that awarded him the PH for being wounded in action in the RVN on 21 March 1971.  As a result, it would be appropriate to add this earned award to his record and item 24 of his DD Form 214 at this time.

2.  The applicant's record also confirms that he received "Excellent" conduct and efficiency ratings in all of his active duty assignments.  Further, the record is void of any derogatory information or a unit commander's disqualification that would have precluded him from receiving the AGCM.  As a result, it would be appropriate to award him the first award of the AGCM for his qualifying period of honorable active duty service from 3 November 1969 through 7 March 1972.

3.  In addition, based on his service in the RVN the applicant also authorized the RVN Gallantry Cross with Palm Unit Citation.  Therefore, it would also be appropriate to add this award 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 awarding him the Army Good Conduct Medal for his qualifying honorable active duty service from 3 November 1969 through 7 March 1972; by adding the Purple Heart, Army Good Conduct Medal, and Republic of Vietnam Gallantry Cross with Palm Unit Citation to the list of awards contained in item 24 of his DD Form 214; and by providing him a correction to his 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)                                         AR20080014924



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ABCMR Record of Proceedings (cont)                                         AR20080014924



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