IN THE CASE OF:	  

		BOARD DATE:	  20 NOVEMBER 2008

		DOCKET NUMBER:  AR20080016007 


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 the Republic of Vietnam and that when he was medically evacuated he had a Purple Heart pinned on his chest.  He adds that he was discharged with chronic brain syndrome as a result of the claymore mine explosion. 

3.  The applicant provides the following additional documentary evidence in support of his application:

	a.  DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 23 February 1972.

	b.  DA Form 8-118 (Medical Board Proceedings), dated 5 October 1971, and allied documents.

	c.  DA Form 199 (Physical Evaluation Board (PEB) Proceedings), dated 7 December 1971.

	d.  General Officer letter of recognition, dated 19 September 1970.

	e.  Department of Veterans Affairs (DVA) medical, neurological, and mental evaluation reports, dated on miscellaneous dates in 1993 and 1996.


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 he initially enlisted in the Puerto Rico Army National Guard (PRARNG) for a period of three years on 30 May 1954 and was trained in military occupational specialty (MOS) 112.00 (11H) (Heavy Weapons Infantryman).  He was honorably discharged on 17 October 1956.

3.  The applicant’s records also show he was inducted into the Army of the United States on 18 October 1956.  He was honorably discharged on 27 March 1958 for the purpose of enlistment in the Regular Army and enlisted for a period of three years on 28 March 1958.  He subsequently executed a series of reenlistments in the Regular Army including two six-year reenlistments on 28 March 1961 and 25 February 1971 and a five-year reenlistment on 25 February 1971.  He held MOS 11C (Indirect Fire Crewman) and attained the rank/grade of staff sergeant (SSG)/E-6.  

4.  The applicant’s records also show he completed several overseas tours including Korea, from 6 June 1957 through 21 September 1958; Panama, from 19 May 1961 through 20 May 1966; and Alaska, from 28 February 1967 through 17 December 1970.  He also completed his first tour in the Republic of Vietnam from 28 January 1970 through 17 December 1970.  He was assigned to Companies C, D, and E of the 2nd Battalion, 502nd Infantry.

5.  The applicant was issued several DD Forms 214, three of which, dated 27 March 1961, 27 March 1967 and 24 February 1971, show he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-1), the Good Conduct Medal (3rd Award), the National Defense Service Medal, the Parachutist Badge, the Senior Jump Master Badge, the Army Commendation Medal, two awards of the Bronze Star Medal, the Air Medal, the Combat Infantryman Badge, and the Republic of Vietnam Campaign Medal with 1960 Device.

6.  The applicant’s records further show that he served a second tour in the Republic of Vietnam from 27 April 1971 through 15 July 1971.  He was assigned to Company A, 3rd Battalion (Airborne), 503rd Infantry, 173rd Airborne Brigade. 

7.  Item 40 (Wounds) of the applicant’s DA Form 20 (Enlisted Qualification Record) shows he suffered a fragment wound to the right side of his head, left hand, and left leg, on 17 June 1971.

8.  The applicant's name is shown on the Vietnam Casualty Roster under code "21" indicating he was wounded in action and that his wounds were very serious and required hospitalization.

9.  The applicant's records contain a Department of the Army message, dated 18 June 1971, stating that the applicant was very seriously wounded as a result of fragment wounds to his head, left hand, left leg, and abdomen, while on a combat patrol on 17 June 1971, when he detected three or four enemy troops and a booby trapped rucksack detonated, resulting in the applicant’s serious injury.  He was initially hospitalized at the 67th Evacuation Hospital in the Republic of Vietnam and subsequently evacuated to Japan and Fort Gordon Georgia, for follow-on treatment and rehabilitation.  

10.  The applicant's records also contain a Western Union Telegram, dated 18 June 1971, informing the applicant's son that he (the applicant) was seriously wounded in action in the Republic of Vietnam on 17 June 1971 as a result of hostile action when a booby trap detonated injuring him in the right side of the head with serious injury to his right eye.  He also received a wound to his left hand, left leg, chest, and abdomen.  

11.  On 6 December 1971, the applicant underwent a PEB at Fort Gordon, Georgia.  The PEB found him unfit and recommended he be permanently retired from the Army with a 100 percent disability rating.  Accordingly, the applicant was separated on 23 February 1972 by reason of disability, and he was placed on the Permanent Disability Retired List (PDRL) effective 24 February 1972. 

12.  Item 24 of the DD Form 214 he was issued at the time of his retirement shows he was awarded the National Defense Service Medal, the Vietnam Service Medal with two bronze service stars, and the Bronze Star Medal.  Item 24 does not show award of the Purple Heart.

13.  The applicant’s DA Form 20 shows he received an excellent conduct and efficiency ratings throughout his military service.  Furthermore, there is no indication of any derogatory information in the applicant’s records.

14.  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, and the medical treatment must have been made a matter of official record.  This regulation further states that there is no time limit on submission of requests for award of the Purple Heart.

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

16.  Headquarters, 101st Airborne Division (Airmobile), General Orders Number 11111, dated 18 September 1970, show the applicant was awarded the Army Commendation Medal with “V” Device for heroism in connection with ground operations against a hostile force in the Republic of Vietnam on 27 August 1970.

17.  The applicant’s records show he was issued three awards of the Good Conduct Medal, issued on miscellaneous dates, by various Headquarters, for exemplary behavior, efficiency, and fidelity, from 4 February 1967 through
3 February 1960 (1st Award); from 18 December 1961 through 17 December 1964 (2nd Award); and from 20 March 1965 through 19 March 1968 (3rd Award).

18.  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.

19.  Item 24 of the applicant's DD Form 214, dated 23 February 1972, shows he was awarded the Vietnam Service Medal with two bronze service stars.  Additionally, Appendix B of Army Regulation 600-8-22 shows that based on his two tours in the Republic of Vietnam, the applicant participated in the Vietnam Winter-Spring 1970, the DA Sanctuary Counteroffensive, the Vietnam Counteroffensive Phase VII, and the Consolidation I 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.

20.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows 3rd Battalion, 503rd Infantry was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on the Department of the Army General Orders Number 8, dated 1974; and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 5, dated 1973.

21.  Army Regulation 600-8-22 (Military Awards) states that the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The area of eligibility encompasses all land area of the Republic of Korea, and the contiguous water out to 12 nautical miles and all air spaces above the land and water area.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.  Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days, or meet the following criteria:

	a.  be engaged in combat during an armed engagement, regardless of the time in the area of eligibility;

	b.  wounded or injured in the line of duty and required medical evacuation from the area of eligibility; or

	c.  participating as a regularly assigned air crewmember flying sorties into, out of, or within the area of eligibility in direct support of military operations.  Each day that one or more sorties are flown in accordance with these criteria will count as one day toward the 30 or 60-day requirement, and personnel who serve in operations and exercises conducted in the area of eligibility are considered eligible for the award as long as the basic time criteria is met.  Due to the extensive time period for Korea Defense Service Medal eligibility, the nonconsecutive service period for eligibility remains cumulative throughout the entire period. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Purple Heart. 

2.  The evidence of record shows that the applicant sustained a fragment wound to his head, left hand, left leg, chest, and abdomen from an enemy booby trap in the Republic of Vietnam on 17 June 1970; that he was treated by military medical personnel; and that his treatment was made a matter of official record.  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 17 June 1970.  Therefore, there is sufficient evidence to show that he is entitled to award of the Purple Heart and correction of his records to show this award.

3.  The evidence of records also shows that the applicant served in Korea from 6 June 1957 through 21 September 1958.  Therefore, he served a qualifying period of service for award of the Korea Defense Service Medal and is entitled to correction of his records to show this award.  

4.  General Orders show the applicant was awarded the Army Commendation Medal with “V” Device for heroism in connection with ground operations against a hostile force in the Republic of Vietnam on 27 August 1970.  This award is not shown on his records; therefore, he is entitled to have his records corrected to show this award.

5.  General Orders awarded the applicant’s unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal-First Class Unit Citation which are not shown on his records.  Therefore, he is entitled to have his records corrected to show these awards.

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

7.  The evidence of record confirms that the applicant served honorably during the period 20 March 1968 through 19 March 1971.  He received excellent conduct and efficiency ratings throughout his military service.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant the fourth 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.

8.  Although there was no provision during the applicant’s periods of military service to include awards and decorations for all periods of service on the last DD Form 214, regulatory guidance, currently in effect, mandates such requirement.  Therefore, in order to document the applicant’s achievements throughout his distinguished military career, there is no objection to transferring all the applicant’s awards and decorations to his last DD Form 214.



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 Purple Heart for wounds received in action on 17 June 1970 in the Republic of Vietnam;

	b.  awarding the applicant the Good Conduct Medal (4th Award) for exemplary behavior, efficiency, and fidelity during the period 5 June 1968 through 21 April 1971; 

	c.  deleting the entry “Vietnam Service Medal with 2 bronze service stars” from Item 24 of the applicant’s DD Form 214, dated 23 February 1972; and

	d.  adding award of the Purple Heart, the Bronze Star Medal (1st Oak Leaf Cluster), the Good Conduct Medal (4th Award), the Combat Infantryman Badge, the Air Medal, the Army Commendation Medal with “V” Device, the National Defense Service Medal, the Vietnam Campaign Medal, the Marksman Marksmanship Qualification Badge with Rifle Bar (M-1), the Parachutist Badge, 

the Korea Defense Service Medal, the Senior Jump Master Badge, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal-First Class Unit Citation, and the Vietnam Service Medal with four bronze service stars to his DD Form 214, dated 23 February 1972.




      _______ _   __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)                                         AR20080016007



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ABCMR Record of Proceedings (cont)                                         AR20080016007



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