IN THE CASE OF:	  

		BOARD DATE:	       30 April 2009

		DOCKET NUMBER:  AR20080019563 


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 award of the Purple Heart be added to his DD Form 214 (Report of Transfer or Discharge).

2.  The applicant states his current DD Form 214 does not list his Purple Heart. 

3.  The applicant provides a copy of a Purple Heart award certificate. 

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 entered active duty in the Regular Army on 23 September 1966, completed training, and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  He served in Vietnam with Company B, 2nd Battalion, 12th Infantry Regiment, 4th Infantry Division from 1 April 1967 through 14 May 1967.  

4.  The record shows he was wounded in action on 3 May 1967 and medically evacuated to the 249th General Hospital, Camp Drake, Japan, on 14 May 1967.  

5.  Due to the severity of his injuries, the applicant was referred first to a Medical Evaluation Board (MEB) and then to a Physical Evaluation Board (PEB). 

6.  On 6 January 1969, Letter Orders were issued by The Adjutant General under the authority by order of the Secretary of the Army, awarding the applicant the Purple Heart for wounds received as a result of hostile action on 3 May 1967.  These orders were to be automatically revoked upon receipt of field orders announcing a previous award of the Purple Heart.  No field orders for the Purple Heart are of record.

7.  The date of award of the Purple Heart listed on the award certificate is the same date as on the letter orders listed above.

8.  The applicant's name is recorded on the Vietnam Casualty Listing which shows that the applicant was reported through military medical accounting systems as "hostile wounded in action" on 3 May 1967.

9.  A PEB, dated 27 January 1970, found the applicant unfit for continued service due to four conditions arising from his gunshot wound to his left leg.  It was recommended he be permanently retired with a 70 percent disability evaluation.

10.  The applicant was released from active duty as a specialist four (SP4)/E-4 and transferred to the Retired List on 3 September 1968.  He had 1 year, 11 months, and 11 days of creditable service with no indication of any disciplinary actions or negative counseling statements of record. 

11.  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, Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).

12.  His DA Form 20 (Enlisted Qualification Record) lists his awards as the National Defense Service Medal, the Vietnam Service Medal, and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).  It reports his conduct and efficiency ratings as either "excellent" or unknown.  Block 49 (Wounds) is blank.
13.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), 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 any orders for any awards pertaining to the applicant.

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

15.  Army Regulation 600-8-22 (Military Awards), provides the following pertinent information:

	a.  the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying 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 active Federal military service.  A record of punishment is not automatically disqualifying.  However, at that time, a single efficiency rating of less than "excellent" was disqualifying.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond.

	b.  the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty (MOS).  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  Additionally, Appendix V of USARV 672-1 provides that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11E, 11F, 11G, or 11H;

	c.  the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Republic of Vietnam to members of the armed forces who served at least 6 months in Vietnam or who, because of wounds or capture were prevented from serving the required 6 months.

	d.  a bronze service star, based on qualifying service, is authorized for each designated campaign listed in Appendix B of the regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal.  The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.  Based on the applicant's dates of service in Vietnam, Appendix B indicates he participated during the Counteroffensive Phase II, 1 July 1966 – 31 May 1967 campaign period.

16.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in 
Vietnam.  This document shows that while the applicant was assigned to the 2nd 
Battalion, 12th Infantry Regiment, 4th Infantry Division it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period October 1966 - 1 August 1967 by Department of the Army General Orders 48, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states, in effect, that his DD Form 214 needs to be corrected to show his award of the Purple Heart. 

2.  The applicant was issued Letter Orders for award of the Purple Heart for wounds received in hostile action on 3 May 1967; however, this award is not listed on the DD Form 214.  Although it was intended for field orders to announce the award of the Purple Heart subsequent to the issuance of the Letter Orders, it appears field orders were never published.  However, the Vietnam Casualty Listing shows the applicant as "hostile wounded in action" on 3 May 1967, as corroborated by the issued Letter Orders and Purple Heart Certificate.  Therefore, there is sufficient evidence to correct the applicant's record to show award of the Purple Heart.

3.  The applicant distinguished himself by his conduct, efficiency, and fidelity as evidenced by his combat service, his conduct and efficiency ratings, and his promotion to E-4.  The record contains no indication of any disqualifying incidents or recommendations.  Therefore, it is appropriate to award the applicant the Army Good Conduct Medal for his period of service from 23 September 1966 through 3 September 1968.

4.  The applicant is shown to have served as an infantryman in active ground combat while assigned to an infantry unit of brigade, regimental or smaller size.  Therefore, he is entitled to award of the Combat Infantryman Badge.

5.  Evidence of record shows the applicant served in Vietnam during one campaign period.  Therefore, he is entitled to wear one bronze service star on his already-awarded Vietnam Service Medal.

6.  Evidence of record also shows the applicant met the eligibility criteria for award of the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, his records should be corrected to show this award.
 
7.  Evidence of record shows the applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his tenure of assignment.  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 item 24 of the applicant's DD Form 214 the Vietnam Service Medal;

	b.  awarding the applicant the Good Conduct Medal for his period of service from 23 September 1966 through 3 September 1968;

	c.  awarding the applicant the Combat Infantryman Badge; and

	d.  adding to item 24 of the applicant's DD Form 214 the Purple Heart, Army Good Conduct Medal, Vietnam Service Medal with one bronze service star, Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Combat Infantryman Badge.



      __________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)                                         AR20080019563



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ABCMR Record of Proceedings (cont)                                         AR20080019563



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