IN THE CASE OF:	  

		BOARD DATE:	        8 January 2009

		DOCKET NUMBER:  AR20080016205 


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) with the period ending 16 April 1969 to show award of the Purple Heart.  

2.  The applicant states, in effect, that he was awarded the Purple Heart and it is not listed on his DD Form 214.

3.  The applicant provides Headquarters, Americal Division General Orders Number 1888, dated 22 March 1969.

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 into the Army on 30 August 1967 and successfully completed basic training and advanced individual training.  He was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  The applicant arrived in Vietnam with D Company, 5th Battalion, 46th Infantry, 198th Infantry Brigade on 29 March 1968.  

4.  Headquarters, Americal Division General Orders Number 1888, dated 
22 March 1969, show that the applicant was awarded the Army Commendation Medal with "V" Device (1st Oak Leaf Cluster) for heroism in connection with military operations against a hostile force.

5.  He departed Vietnam on or about 24 February 1969 after being credited with participating in four campaigns.  

6.  On 16 April 1969, the applicant was honorably released from active duty in the rank of Specialist Four/E-4 after completing 1 year, 7 months, and 17 days of creditable active service with no time lost.

7.  The applicant's DD Form 214 with the period ending on 16 April 1969 shows he was awarded National Defense Service Medal, the Vietnam Campaign Medal with Device (1960), the Vietnam Service Medal, two Overseas Service Bars, and the Marksman Marksmanship Qualification Badge (Rifle).

8.  A DA Form 8-275-2 (Clinical Record Cover Sheet), dated 16 April 1969, shows that applicant was wounded by a mine explosion on 27 January 1969.  The document further shows that he was admitted to the Medical Holding Company (MHC), 7th Field Hospital, U.S. Army Republic of Vietnam on              11 February 1969.  He was transferred to the MHC, U.S. Army Hospital, Fort Gordon, Georgia, on 24 February for treatment to his wounds.  

9.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) shows the entry "MFW 11 Feb 69."  Item 41 (Awards and Decorations) does not show award of the Purple Heart.  

10.  There are no general orders in the applicant’s service personnel records that show he was awarded the Purple Heart, but his name appears on the Vietnam Casualty Roster.  This record shows that he was wounded as a result of hostile action on 27 January 1969.
11.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  His records do not contain any adverse information and his DA Form 20 shows his conduct and efficiency ratings as "excellent" throughout his period of service.  
12.  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, and the medical treatment must have been made a matter of official record.  

13.  Department of the Army General Orders Number 8, 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U. S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U. S. Army Vietnam and its subordinate units during the period 20 July 1965 to 
28 March 1973.

14.  Army Regulation 600-8-22 provides, in pertinent part, for award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal. 

15.  Army Regulation 672-5-1, 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.  

DISCUSSION AND CONCLUSIONS:

1.  There are no general orders awarding the applicant the Purple Heart.   However, his name is listed on the Vietnam Casualty Roster and his DA Form 

2.  It is noted that the applicant's DA Form 20 indicates he was wounded on 
11 February 1969.  This would indicate that he was wounded twice.  It appears the date entered on the document was an erroneous entry.  Evidence shows that he was transferred to the MHC, 7th Field Hospital on 11 February 1969 for treatment to his wounds received on 27 January 1969.  

3.  The applicant was separated in the rank of Specialist Four with 1 year, 
7 months, and 17 days of creditable active service with no time lost and conduct and efficiency ratings of "excellent" throughout his period of service.  Therefore, it appears the applicant met the eligibility criteria for award of the Army Good Conduct Medal (1st Award) for the period 30 August 1967 through 16 April 1969.

4.  Evidence of record shows that the applicant was awarded the Army Commendation Medal with "V" Device (1st Oak Leaf Cluster).  His participation in four campaigns makes him eligible to wear four bronze service stars to be worn on his Vietnam Service Medal.  His DD Form 214 should be amended to add these awards.

5.  All units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  His DD Form 214 should be amended to add 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 him the Purple Heart for wounds sustained on 27 January 1969; 

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period 
30 August 1967 through 16 April 1969; and 

	c.  amending his DD Form 214 to add the Purple Heart, the Army Good Conduct Medal (1st Award), the Army Commendation Medal with "V" Device 
(1st Oak Leaf Cluster), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and four bronze service stars to be worn 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)                                         AR20080016205



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ABCMR Record of Proceedings (cont)                                         AR20080016205



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