IN THE CASE OF:	  

		BOARD DATE:	        3 March 2009

		DOCKET NUMBER:  AR20080018139 


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 for wounds sustained in the Republic of Vietnam.

2.  The applicant states that the hospital commander requested orders for the Purple Heart but he never received them.  Also, the Purple Heart was not entered on his DD Form 214.

3.  The applicant provides, in support of his application, copies of his DD Form 214; a request for orders, dated 17 July 1968; and a Department of Veterans Affairs Form 21-22 (Appointment of Veterans Service Organization as Claimant's Representative).

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.  On 18 August 1967, the applicant was inducted into the Army of the United States for 2 years.  He completed his initial training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  On 15 December 1967, the applicant was placed in casual status en-route to Fort Lewis, Washington, for further assignment to the Republic of Vietnam.

4.  On or about 7 February 1968, the applicant arrived in the Republic of Vietnam.  On 25 February 1968, he was assigned for duty as a light weapons infantryman with the 3rd Battalion, 7th Infantry Regiment, 199th Infantry Brigade, in the Republic of Vietnam.

5.  Item 40 (Wounds) of the applicant’s DA Form 20 (Enlisted Qualification Record) shows that he received a fragment wound to his left hand on 6 May 1968.

6.  The Vietnam casualty roster shows that the applicant was wounded in action on 6 May 1968 and was hospitalized with less than serious wounds.

7.  General Orders Number 304, 199th Infantry Brigade (Separate) (Light), dated 2 March 1969, awarded the applicant the Army Commendation Medal for meritorious service in the Republic of Vietnam during the period from February 
1968 to February 1969.

8.  On 13 March 1969, the applicant was assigned for duty as an armor crewman at Fort Polk, Louisiana.

9.  On 15 August 1969, the applicant was released from active duty.  He had attained the rank of specialist four, pay grade E-4, and had completed 1 year, 11 months, and 28 days of creditable active duty.

10.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Combat Infantryman Badge, Valorous Unit Award, Expert Marksmanship Qualification Badge with Rifle (M-14) and Machinegun Bars, and the First Class Gunner [Sharpshooter] Marksmanship Qualification Badge with Rifle (M-16) Bar.  It does not show award of the Purple Heart.

11.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal award of the Purple Heart.

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

13.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows that his conduct and efficiency were "excellent."  There is no other evidence of record showing that he received any adverse action during his period of service.  There is no evidence showing that the commander took action to deny him award of the Army Good Conduct Medal.

14.  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.

15.  Army Regulation 672-5-1 (Awards), in effect at the time, provides that the Army 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.

16.  Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the following four campaign periods:  the Tet Counteroffensive; the Vietnam Counteroffensive, Phase IV; the Vietnam Counteroffensive, Phase V; and the Vietnam Counteroffensive, Phase VI.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

17.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that during the time of the applicant's assignment, the 3rd Battalion, 7th Infantry Regiment, was cited in Department of the Army General Orders Number 51, dated in 1971, for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he was wounded in the Republic of Vietnam and that he was awarded the Purple Heart.

2.  There are no general orders available that show the applicant was awarded the Purple Heart.  However, the applicant's name is listed on the Vietnam casualty roster and his wound is listed in item 40 of his DA Form 20 which corroborate the applicant's contention.  Therefore, the applicant should be awarded the Purple Heart.

3.  General orders show that the applicant was awarded the Army Commendation Medal.  Therefore, his records should be corrected to show this award.

4.  The applicant’s records clearly show that he distinguished himself in the performance of his military service.  Therefore, it is presumed that his not receiving an Army Good Conduct Medal for his service was an oversight.  Accordingly, he should be awarded this medal.

5.  Records show that the applicant participated in four campaign periods during his service in the Republic of Vietnam.  Therefore, he is eligible for award of four bronze service stars to be affixed to his Vietnam Service Medal.

6.  The applicant’s unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, his records should be corrected to show these foreign unit awards.

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 received on 6 May 1968 in the Republic of Vietnam;

	b.  awarding him the Army Good Conduct Medal for the period from 18 August 1967 to 15 August 1969; and

	c.  showing that, in addition to the awards shown on his DD Form 214, his authorized awards include the Purple Heart, Army Commendation Medal, Army Good Conduct Medal, four bronze service stars to be affixed to his already-awarded Vietnam Service Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.



      ___________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)                                         AR20080018139



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ABCMR Record of Proceedings (cont)                                         AR20080018139



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