IN THE CASE OF:	  

		BOARD DATE:	        19 MAY 2009

		DOCKET NUMBER:  AR20080018782 


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.

2.  The applicant states that he was awarded the Purple Heart for a gunshot wound to his left arm on 31 August 1967 in Dak To in the Republic of Vietnam and that he was subsequently evacuated to the 71st Evacuation Hospital for treatment.  He adds that he does not have the orders for that award; however, his discharge document should be accurate and should reflect all awards received.  

3.  The applicant provides a copy of his DD Form 214, dated 17 April 1968; and a copy of a certificate, dated 1 September 1967, showing award of the Purple Heart, 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 record shows that he was inducted into the Army of the United States and entered active service on 18 April 1966.  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 17 April 1968 in the rank/grade of specialist four (SP4)/E-4 and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.  

3.  The applicant’s record also shows he served in the Republic of Vietnam from 5 October 1966 through 29 September 1967.  He was assigned to Company C, 2nd Battalion, 35th Infantry, 4th Infantry Division.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows he was awarded the National Defense Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Vietnam Service Medal with two bronze service stars, one Overseas Service Bar, Combat Infantryman Badge, Sharpshooter Marksmanship Qualification Badge with Machinegun Bar (M-60), and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).  Item 24 does not show award of the Purple Heart.

5.  The applicant's name is shown on the Vietnam Casualty Roster under code "23" indicating he was wounded in action.

6.  The applicant's record contains a Department of the Army message, dated 1 September 1967, stating that the applicant was wounded by enemy sniper fire on 31 August 1967 while on a search and destroy mission in the Republic of Vietnam.

7.  The applicant's records also contain a Western Union Telefax, dated 1 September 1967, informing the applicant's parents that he was slightly wounded in action on 31 August 1967 as a result of hostile action in the Republic of Vietnam.  He sustained a gunshot wound to the left arm when hit by sniper fire during combat operations.  He was treated at the 2nd Surgical Hospital in Vietnam.  

8.  The applicant’s Standard Form 89 (Report of Medical History), dated 20 February 1968, shows an entry for a gunshot wound to the left arm. 

9.  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.  

10.  The applicant submitted a copy of a certificate, dated 1 September 1967, that shows he was awarded the Purple Heart for wounds received in action on 31 August 1967 in the Republic of Vietnam. 

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

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that, during the period of the applicant's assignment, the 2nd Battalion, 35th Infantry was awarded the Valorous Unit Award, from 22 April 1967 to 20 August 1967, based on Department of the Army General Order Number 43, dated 1972; the Meritorious Unit Commendation, from 1 November 1967 to 30 April 1968, based on  Department of the Army General Order Number 17, dated 1969; the Republic of Vietnam Gallantry Cross with Palm Unit Citation, from 1 August 1967 to 28 July 1969, based on Department of the Army General Orders Number 38, dated 1970; and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, from
1 August 1967 to 31 October 1969, based on Department of the Army General Orders Number 53, dated 1970.

13.  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.  Furthermore, item 38 (Record of Assignments) of the applicant’s DA Form 20
(Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his military service.  

14.  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.

15.  Army Regulation 670-1 (Uniforms and Insignia), in effect at the time, governed the requirements for the Overseas Service Bar.  In pertinent part, it provided that a bar was authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message.  There were special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars.  For Vietnam service, one overseas service bar was authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the overseas service bar.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Purple Heart. 

2.  The evidence of record shows that the applicant sustained a gunshot wound to his arm as a result of hostile action in the Republic of Vietnam on 31 August 1967.  He was treated by military medical personnel, his treatment was made a matter of official record, and his name is shown on the Vietnam Casualty Roster. Additionally, the applicant was issued a certificate on 1 September 1967 that shows he was awarded the Purple Heart.  Therefore, there is sufficient evidence to show that he is entitled to correction of his DD Form 214 to show this award.

3.  General Orders awarded the applicant’s unit the Valorous Unit Award, Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation which are not shown on his records.  Therefore, he is entitled to correction of his records to show these unit awards.

4.  The evidence of record confirms that the applicant served honorably during the period 18 April 1966 to 17 April 1968.  He completed a combat tour in the Republic of Vietnam, he was awarded the Combat Infantryman Badge and the 
Purple Heart, he attained the rank/grade of SP4/E-4, and he received "excellent" conduct and efficiency ratings throughout his military service.  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.

5.  The evidence of record also confirms that the applicant served in the Republic of Vietnam from 5 October 1966 through 29 September 1967.  Therefore, he is entitled to correction of his records to show two Overseas Service Bars.

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 the applicant's DD Form 214 the entry
"1 Overseas Bar";

	b.  awarding the applicant the Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 18 April 1966 to 17 April 1968; and

	c.  adding to item 24 of the applicant's DD Form 214 the Purple Heart, Good Conduct Medal (1st Award), Valorous Unit Award, Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and two Overseas Service Bars.



      ________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)                                         AR20080018782



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ABCMR Record of Proceedings (cont)                                         AR20080018782


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