IN THE CASE OF:	  

		BOARD DATE:	       16 December 2008

		DOCKET NUMBER:  AR20080014927 


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 that he has the original Purple Heart Certificate, with raised seal, awarded on 8 August 1967.

3.  The applicant provides a copy of his DD Form 214, dated 13 June 1969; and a copy of his Purple Heart Certificate, dated 8 August 1967 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 records show that he enlisted in the Regular Army for a period of 3 years on 16 June 1966.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  His records also show he held MOS 71G (Medical Records Specialist) as of 26 March 1969.  The highest rank/grade he attained during his military service was specialist five (SP5)/E-5.  He was honorably released from active duty on 13 June 1969 and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training). 

3.  The applicant’s records show he served in the Republic of Vietnam from 15 January 1967 to 8 August 1967.  He was assigned to Company C, 1st Battalion, 327th Infantry, 101st Airborne Division.

4.  Item 24 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows he was awarded the National Defense Service Medal, the Combat Infantryman Badge, the Parachutist Badge, the Vietnam Service Medal, and the Republic of Vietnam Campaign Medal with Device (1960).  Item 24 does not show award of the Purple Heart.

5.  Item 40 (Wounds) of the applicant’s DA Form 20 (Enlisted Qualification Record) shows the entry “GSW L/shoulder-exit L/upper arm, 29 May 67" indicating that the applicant suffered a gunshot wound to his left shoulder on 29 May 1967.

6.  The applicant's name is shown on the Vietnam Casualty Roster under code "23" indicating he was wounded in action and that his wounds required hospitalization.  The roster shows the date of injury as 29 May 1967.

7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or 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.

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

9.  Headquarters, 3rd Training Brigade, Infantry, U.S. Army Training Center (USATC), Fort Gordon, Georgia, Special Orders Number 174, dated 24 October 1966, show that the applicant was awarded the Expert Marksmanship Qualification Badge with Machinegun Bar (M-60) on 12 October 1966.
10.  Headquarters, 1st Training Brigade, USATC, Fort Gordon, Special Orders Number 109, dated 25 July 1966, show that the applicant was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) on 25 July 1966.

11.  Headquarters, 3rd Training Brigade, Infantry, USATC, Fort Gordon, Special Orders Number 167, dated 14 October 1966, show that the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar
(M-16) on 5 October 1966.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 1st Battalion, 327th Infantry was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, from 9 December 1966 through 18 January 1967, based on Department of the Army General Orders Number 21, dated 1969.

13.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the Vietnam Counteroffensive, Phases II and III, campaigns during his tour of duty in the Republic of Vietnam.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

14.  A review of the applicant's service record shows no derogatory information that would disqualify him for the first award of the Good Conduct Medal.  Furthermore, Item 38 (Record of Assignments) of the applicant's DA Form 20 shows he received excellent conduct and efficiency ratings throughout his military service.  His records do not contain any derogatory information.

15.  Army Regulation 672-5-1, in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have completed a qualified 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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant sustained a gunshot wound to his left shoulder as a result of hostile action in the Republic of Vietnam on 29 May 1967 and that he was treated by medical personnel for this injury. 
The evidence of record further shows that the applicant’s name appears on the Vietnam Casualty Roster as being wounded as a result of hostile action on 29 May 1967.  Therefore, there is sufficient evidence to show that he is entitled to correction of his records to show award of the Purple Heart.

2.  General Orders awarded the applicant’s unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not shown on his records.  Therefore, he is entitled to have his records corrected to show these awards.

3.  Special Orders show that the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), and the Expert Marksmanship Qualification Badge with Machinegun Bar (M-60).  Therefore, he is entitled to correction of his records to show these awards.

4.  The evidence of record shows the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in two campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of two bronze service stars to be affixed to the Vietnam Service Medal.

5.  The evidence of record confirms that the applicant served honorably during the period 16 June 1966 through 13 June 1969.  He received excellent conduct and efficiency ratings throughout his military service, attained the rank of SP5/
E-5, and was awarded the Purple Heart.  Lacking any derogatory information on file that would have disqualified him, it is appropriate to award the applicant the first award of the Good Conduct Medal based on completion of qualifying service ending with the termination of a period of Federal military service.  Therefore, he is entitled to correction of his records to show this award.

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 the applicant the Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 16 June 1966 to 13 June 1969; and

	b.  adding to his DD Form 214 the Purple Heart, the Good Conduct Medal (1st Award), the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), the Expert Marksmanship Qualification Badge with Machinegun Bar (M-60), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and two bronze service stars wear on his already-awarded Vietnam Service Medal.


															XXX
      ______________________
               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)                                         AR20080014927



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080014927



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1