IN THE CASE OF:	  

		BOARD DATE:	        9 April 2009

		DOCKET NUMBER:  AR20080018689 


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 15 April 1970 to show award of the Purple Heart.  

2.  The applicant states that the award of the Purple Heart should be on his DD Form 214.

3.  The applicant provides a Purple Heart certificate, dated 6 August 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 of the United States on 16 April 1968 and successfully completed basic combat and advanced individual training. He was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  The applicant arrived in Vietnam and was assigned to A Company, 1st Battalion, 50th Infantry, 173rd Airborne Brigade on or about 1 October 1968.

4.  The applicant provides a Purple Heart certificate, dated 6 August 1969, that shows he was awarded the Purple Heart for wounds received in action on
5 August 1969.

5.  He departed Vietnam on or about 4 September 1969 after being credited    with participating in the following four campaigns:  Vietnam Counteroffensive, Phase V (1 July – 1 November 1968); the Vietnam Counteroffensive, Phase VI    (2 November 1968 – 22 February 1969); the Tet 69 Counteroffensive, 1969         (23 February – 8 June 1969); and the Vietnam Summer-Fall 1969 campaigns     (9 June – 31 October 1969).

6.  On 15 April 1970, the applicant was honorably released from active duty in the rank of specialist four (SP4)/E-4 after completing 2 years of creditable active service with no time lost.  He was transferred to the U.S Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Authorized or Awarded) of the applicant's DD Form 214 shows he was awarded the National Defense Service Medal, Vietnam Service Medal with two bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), and the Combat Infantryman Badge.

8.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) shows the entry "FW Back, L/Leg, L/Buttock 5 Aug 69."  Item 
41 (Awards and Decorations) does not show award of the Purple Heart.

9.  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 5 August 1969.

10.  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.

11.  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 by medical personnel, and the medical treatment must have been made a matter of official record.  

12.  Army Regulation 672-5-1 (Awards), 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.

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that, at the time of the applicant’s assignment to 1st Battalion, 50th Infantry, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 5 April 1968 through 6 October 1969 based on Headquarters, Department of the Army General Orders Number 51, dated 1971.

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. 

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 
20 show that he received injuries on 5 August 1969.  These entries are accepted as sufficient to show that the applicant was wounded as a result of hostile action. Therefore, the applicant is entitled to award of the Purple Heart for wounds sustained as a result of hostile action on 5 August 1969.

2.  The applicant was released from active duty in the rank of SPC with 2 years 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 (first award) for the period 16 April 1968 through 15 April 1970.

3.  The applicant participated in four campaigns during his tour in the Republic of Vietnam.  Therefore, he is entitled to correction of his records to show four bronze service stars instead of two bronze service stars for wear on the Vietnam Service Medal.
4.  The applicant was assigned to a unit during a period of time it was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be corrected to add this 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.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal with two bronze service stars;

	b.  awarding him the Purple Heart for wounds received in action on
5 August 1969; 

	c.  awarding him the Army Good Conduct Medal (first award) for the period 
16 April 1968 through 15 April 1970; and 

	d.  adding to item 24 of his DD Form 214 the Purple Heart, Army Good Conduct Medal (first award), Vietnam Service Medal with four bronze service stars, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.


															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)                                         AR20080018689



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ABCMR Record of Proceedings (cont)                                         AR20080018689


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