IN THE CASE OF:	  

		BOARD DATE:	        07 APRIL 2009

		DOCKET NUMBER:  AR20080018837 


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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected by adding his award of the Purple Heart.

2.  The applicant states, in effect, that he was unaware that his award of the Purple Heart had to be added to his DD Form 214. 

3.  The applicant provides a copy of his DD Form 214 and his Purple Heart Citation.

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 born on 30 August 1943 and was inducted into the Army of the United States in Indianapolis, Indiana on 7 March 1966.  He completed his basic training at Fort Hood, Texas and his advanced individual training as an infantry radio mechanic at Fort Benning, Georgia, before returning to Fort Hood for his first permanent assignment.  He was advanced to the pay grade of E-4 on 13 January 1967.

3.  He remained at Fort Hood until 18 April 1967, when he was transferred to Vietnam for duty as an infantry radio mechanic in a mechanized infantry unit (Company C, 4th Battalion (M), 23rd Infantry Regiment, 25th Infantry Division).

4.  On 25 October 1967, the applicant was in a track vehicle that was hit by a rocket propelled grenade (RPG) round near Cu Chi, South Vietnam and sustained multiple fragment wounds to the abdomen, with lacerations to the spleen, lobe of the liver, colon, and stomach.  He was evacuated to the 3rd Field Hospital in Saigon for treatment.

5.  On 4 November 1967, General Orders Number 109, published by Headquarters, 3rd Field Hospital, awarded the applicant the Purple Heart for wounds received in action in Vietnam on 25 October 1967 as evidenced on a DA Form 8-275-2 (Clinical Record Cover Sheet) that is contained in the applicant's official records.

6.  The applicant was subsequently evacuated to a hospital at Camp Zama, Japan and then to Ireland Army Hospital at Fort Knox, Kentucky, where he remained until he was honorably released from active duty (REFRAD) on 10 May 1968, due to the expiration of his term of service, and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 issued at the time of his REFRAD reflects that he was awarded the National Defense Service Medal, the Vietnam Service Medal (VSM), the Republic of Vietnam Campaign Medal, and the Expert Marksmanship Qualification Badge with Rifle Bar.

7.  A review of the applicant's official records shows that he had "excellent" conduct and efficiency ratings throughout his entire service and his records are void of any derogatory information that could serve to disqualify him for award of the Army Good Conduct Medal (AGCM).

8.  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.

9.  Army Regulation 672-5-1 (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.

10.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register-Vietnam Era) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  Table 1 (Army Units in Numerical Order) of the pamphlet indicates that the applicant’s unit was subsequently awarded the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation and the Republic of Vietnam Civil Actions Honor Medal – First Class Unit Citation (RVNCAHM-FC) during the period he was assigned to the unit.  Additionally, he participated in two campaigns (Vietnam Counteroffensive, Phase II from 1 July 1966 – 31 May 1967 and Vietnam Counteroffensive, Phase II from 1 June 1967 – 29 January 1968) while assigned to Vietnam and is entitled to be awarded two bronze service stars for wear on his already-awarded VSM.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his award of the Purple Heart should be added to his records has been noted and found to have merit.  The applicant was awarded the Purple Heart in duly constituted orders; therefore, the award of the Purple Heart should be entered into his records at this time.

2.  After carefully examining the applicant’s record of service, it was determined that the applicant should have received the AGCM for his service from 7 March 1966 to 10 May 1968.  This conclusion is based on the fact that the record is void of any derogatory information which precluded the applicant from being awarded the AGCM and the lack of any specific action by the applicant’s unit commander to disqualify him from receiving the award.

3.  The applicant not receiving the AGCM was likely the result of an administrative error as opposed to it being the result of a conscious disqualification by any of the unit commanders for which he served.  Therefore, in the interest of justice, the applicant should be awarded the AGCM and his records should be corrected to add this award at this time.

4.  Additionally, the evidence of record also establishes that the applicant is entitled to awards of the RVNGC w/Palm Unit Citation, the RVNCAHM-FC Unit Citation, and two bronze service stars for wear on his already-awarded VSM.  Therefore, the applicant's records should be corrected accordingly.

BOARD VOTE:

__X______  __X______  __X______  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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 Vietnam Service Medal;

	b.  awarding the applicant the AGCM for the period 7 March 1966 to 10 May 1968; and

	c.  adding to item 24 of his DD Form 214 the Purple Heart for wounds received as a result of hostile action on 25 October 1967, the AGCM, the VSM with two bronze service stars, the RVNGC w/Palm Unit Citation, the RVNCAHM-FC Unit Citation.





2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      ________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)                                         AR20080018837



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ABCMR Record of Proceedings (cont)                                         AR20080018837



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