IN THE CASE OF:	

		BOARD DATE:	  12 February 2009

		DOCKET NUMBER:  AR20080017092 


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 he was awarded the Purple Heart.

2.  The applicant states, in effect, that he was awarded the Purple Heart at the U.S. Army Hospital located at Camp Zama, Japan, for wounds sustained while serving in the Republic of Vietnam.  The applicant concludes that although he was awarded the Purple Heart, it is not annotated on his DD Form 214.

3.  The applicant provides copies of his DD Form 214, a Western Union Telegram, and a Narrative Summary (Standard Form 502) extracted from his military medical record as documentary evidence in support of this 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 was inducted into the Army of the United States on 2 February 1968.  He completed basic combat and advanced individual training.  Upon completion of advanced individual training, he was awarded the military occupational specialty 11B (Light Weapons Infantryman).  The highest rank he attained while serving on active duty was private first class (PFC)/pay grade E-3.  The applicant was released from active duty and placed on the Temporary Disability Retired List (TDRL) effective 30 July 1969.

3.  Item 31 (Foreign Service) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam during the period 29 June 1968 through 25 November 1968.  Item 38 (Record of Assignments) of this form shows that he served with Company D, 2nd Battalion, 27th Infantry Regiment, 25th Infantry Division, during his tour of duty in the Republic of Vietnam.

4.  Item 40 (Wounds) of the applicant's DA Form 20 shows he sustained gunshot wounds to his right forearm and right foot.  It also shows he sustained fragmenta-tion wounds to his left hip, pelvis, chest, and abdomen.  Item 41 (Awards and Decorations) of this form does not show award of the Purple Heart.

5.  Item 24 (Decorations, Medals, Badges, Commendation, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show award of the Purple Heart.

6.  The Republic of Vietnam Casualty Roster shows the applicant was wounded as the result of hostile action on 5 October 1968.

7.  The applicant's record contains a Western Union Telefax Casualty Message, dated 6 October 1968, which was sent from the Adjutant General to the applicant's parents.  The Adjutant General, in effect, informed the applicant's parents that he was placed on the seriously ill list in the Republic of Vietnam on 5 October 1968 as the result of gunshot wounds to the right forearm and right foot and metal fragment wounds to the chest, abdomen, left hip, and pelvis.  The Adjutant General also informed the applicant's parents that he sustained his wounds while participating in a combat operation when engaged by a hostile force in a firefight.  The Adjutant General assured the applicant's parents that they would be kept informed of any significant changes in his condition.  The applicant provides a Western Union Telegram, dated 6 October 1968, which contained the exact same message as the Western Union Telefax of the same date.
8.  The applicant's record contains a Western Union Telefax Casualty Message, dated 10 October 1968, which was sent from the Adjutant General to the applicant's parents.  The Adjutant General, in effect, informed the applicant's parents that he was making normal improvement on the seriously ill list, that his period of further hospitalization was undetermined at the time, and that evacuation was not currently contemplated.  The Adjutant General assured the applicant's parents that they would be advised as additional information was received.

9.  The applicant's record contains a Western Union Telefax Casualty Message, dated 17 October 1968, which was sent from the Adjutant General to the applicant's parents.  The Adjutant General, in pertinent part, informed the applicant's parents that he had been removed from the seriously ill list in the Republic of Vietnam and evacuated to the U.S. Army Hospital located at Camp Zama, Japan.

10.  The applicant's record contains a DA Form 8-275-2 (Clinical Record Cover Sheet) which was rendered by a military physician at the U.S. Army Hospital located at Camp Zama, Japan, on dated 19 November 1968.  Item 23 (Diagnoses) of this form shows the applicant received medical treatment for multiple wounds sustained in the Republic of Vietnam on 5 October 1968.  Item 25 (Selected Administrative Data) of this form shows the applicant was awarded the Purple Heart by 12th Evacuation Hospital, General Order 234, dated 6 October 1968.  Item 28 (Nature of Disposition) of this form shows the applicant was transferred to Irwin Army Hospital located at Fort Riley, Kansas.

11.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS) an index of General Orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command failed to reveal any orders for the Purple Heart.

12.  The applicant provides a Standard Form 502 (Clinical Record Narrative Summary) which was rendered by a military physician at the Irwin Army Hospital located at Fort Riley, Kansas on dated 26 May 1969.  In pertinent part, this form shows the applicant had been evacuated from the 12th Evacuation Hospital to the U.S. Army Hospital located at Camp Zama, Japan, prior to being transferred to Irwin Army Hospital.  This form also shows the applicant received medical treatment for multiple wounds sustained in the Republic of Vietnam on 5 October 1968 at each of the aforementioned medical treatment facilities.  The physician who rendered this form opined the applicant's medical condition caused him to no longer be retainable on active duty under the established standards.

13.  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.  This regulation also provides that there are no time limitations for requests for award of the Purple Heart.

14.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided, in pertinent part, for award of the Purple Heart.  The regulation stated that authority to award the Purple Heart was delegated to hospital commanders.  Further, it directed that all personnel treated and released within 24 hours would be awarded the Purple Heart by the organization to which the individual was assigned.  Personnel requiring hospitalization in excess of 24 hours or evacua-tion from Vietnam would be awarded the Purple Heart directly by the hospital commander rendering treatment.

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows unit awards received by units serving in the Republic of Vietnam.  This pamphlet also shows the unit the applicant was assigned to while serving in the Republic of Vietnam was cited for award of the 
Republic of Vietnam Gallantry Cross with Palm Unit Citation for actions in the Republic of Vietnam during the period January 1966 through August 1968 by Department of the Army General Order 48, dated 1971.  This pamphlet also shows the unit was cited for this award again for actions during the period 1 September 1968 through 30 September 1970 by Department of the Army General Order 5, dated 1973.

16.  Department of the Army Pamphlet 672-3 shows the unit the applicant was assigned to while serving in the Republic of Vietnam was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for actions in the Republic of Vietnam during the period 1 January 1966 through 21 January 1970 by Department of the Army General Order 51, dated 1971.

17.  Army Regulation 600-8-22 (Military Awards), in pertinent part, authorizes 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.

18.  The applicant's records show he participated in three campaigns during his service in the Republic of Vietnam:  Vietnam Counteroffensive-Phase IV, Vietnam Counteroffensive-Phase V, and Vietnam Counteroffensive-Phase VI.

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

20.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows that he received conduct and efficiency ratings of "Excellent" for each of his duty assignments prior to being hospitalized.  His conduct and efficiency ratings during his period of hospitalization were entered as "Unknown."

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his records should be corrected to show he was awarded the Purple Heart was carefully considered and determined to have merit.

2.  Evidence shows the applicant sustained several wounds as a result of hostile action, the wounds required treatment, and the medical treatment was made a matter of official record.

3.  Although the General Order which awarded the applicant the Purple Heart are unavailable, it was cited on a document that was made a matter of official record.
Therefore, the applicant is entitled to have his records corrected to show this award. 

4.  Evidence of record shows the applicant is entitled award of the Good Conduct Medal based upon completion of a period 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.

5.  General Orders show the applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to have his records corrected to show this foreign unit award.

6.  General Orders show the applicant's unit was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to have his records corrected to show this foreign unit award.

7.  Records show that the applicant was awarded the Vietnam Service Medal.  Evidence also shows that he participated in three campaigns during his service in the Republic of Vietnam.  Therefore, he is eligible for award of three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

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 to show award of:

	a.	the Purple Heart;

	b.	the Good Conduct Medal;

	c.	the Republic of Vietnam Gallantry Cross with Palm Unit Citation;

	d.	the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; and

	e.	three bronze service stars to be affixed to his already-awarded Vietnam Service Medal



      _______ _   _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)                                         AR20080017092





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ABCMR Record of Proceedings (cont)                                         AR20080017092



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