IN THE CASE OF:	  

		BOARD DATE:	        3 March 2009

		DOCKET NUMBER:  AR20080017844 


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 awards of the Purple Heart and the Bronze Star Medal.

2.  The applicant states, in effect, that the requested awards are not shown on his DD Form 214. 

3.  The applicant provided a copy of a Purple Heart Certificate, dated 28 September 1968, showing award of the Purple Heart for wounds received in action on 27 September 1968; and a copy of Headquarters, 9th Infantry Division General Orders Number 6602, dated 11 June 1969 and citation showing award of the Bronze Star Medal for meritorious service during the period July 1968 to June 1969 in support of his request.

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 was inducted into the Army of the United States on 15 February 1968.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He was honorably released from active duty on
13 February 1970 in the rank/grade of sergeant (SGT)/E-5 and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation. 

3.  The applicant’s records show he served in the Republic of Vietnam from 
20 July 1968 through 18 July 1969.  He was assigned to Company B, 1st Battalion, 16th Infantry from 4 August 1968 through 20 October 1968 and Company B, 5th Battalion, 60th Infantry from 21 October 1968 through 27 June 1969.   

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, Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Combat Infantryman Badge, Air Medal, Expert Marksmanship Qualification Badge with Machinegun Bar (M-60), Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd award), Army Commendation Medal (1st Oak Leaf Cluster), and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Item 24 does not show awards of the Purple Heart or the Bronze Star Medal.

5.  Item 40 (Wounds) of the applicant’s DA Form 20 (Enlisted Qualification Record) shows the entry “FW TO (L) ARM” indicating the applicant sustained a fragment wound to his left arm.  The date of injury is listed as 27 September 1969.

6.  The applicant's name is shown on the Vietnam Casualty Roster under code "23" indicating "hostile wounded in action, not serious, hospitalized."  The roster lists the date of injury as 27 September 1969.



7.  The applicant's records contain a Department of the Army message, dated 27 September 1969, stating that the applicant suffered an injury to his left arm while on a reconnaissance mission when he engaged a hostile force in a firefight on 27 September 1969 in the Republic of Vietnam.  

8.  The applicant's records also contain a Western Union Telefax, dated 28 September 1969, informing the applicant's parents that he was slightly wounded in the Republic of Vietnam on 27 September 1969 as a result of hostile action.  He received fragment wounds to his left arm while on a combat operation when he engaged a hostile force in a firefight.

9.  The applicant submitted a copy of a Purple Heart Certificate, dated
28 September 1969 that shows he was awarded the Purple Heart for wounds received in action on 27 September 1968 in the Republic of Vietnam.  

10.  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.

11.  Headquarters, 9th Infantry Division, General Orders Number 6602, dated   11 June 1969, show the applicant was awarded the Bronze Star Medal for meritorious service in connection with ground operations against a hostile force in the Republic of Vietnam from July 1969 to June 1969.

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

13.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the Vietnam Counteroffensive, Phases V, VI, and VII, and the Vietnam Summer-Fall 1969 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.  Additionally, Item 38 (Record of Assignments) of the applicant’s DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his military service.

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 fragment wound to his left arm as a result of hostile action in the Republic of Vietnam on 27 September 1969 and that his name appears on the Vietnam Casualty Roster as being hostile wounded in action on 27 September 1969.  This injury is consistent with that shown on the award certificate he submitted and clearly indicates his entitlement to correction of his DD Form 214 to show award of the Purple Heart.

2.  General Orders show the applicant was awarded the Bronze Star Medal for meritorious service in connection with ground operations against a hostile force in the Republic of Vietnam.  This award is not shown on his records; therefore, he is entitled to have his records corrected to show this award.

3.  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 the Vietnam Service Medal with four bronze service stars.

4.  The evidence of record confirms that the applicant honorably served during the period 15 February 1968 through 13 February 1970.  He received "excellent" conduct and efficiency ratings throughout his military service, completed a combat tour in the Republic of Vietnam, was awarded the Purple Heart and the Bronze Star Medal, and attained the rank /grade of SGT/E-5.  Lacking any 
derogatory information on file that would have disqualified him, it would be 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.  deleting from the applicant's DD Form 214 the Vietnam Service Medal;

	b.  awarding the applicant the Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 15 February 1968 through 13 February 1970; and

	c.  adding to the applicant's DD Form 214 award of the Purple Heart, the Bronze Star Medal, the Good Conduct Medal (1st Award), and the Vietnam Service Medal with four bronze service stars.


															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)                                         AR20080017844



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ABCMR Record of Proceedings (cont)                                         AR20080017844



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