IN THE CASE OF:	  

		BOARD DATE:	  7 May 2009

		DOCKET NUMBER:  AR20080019782 


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 and Bronze Star Medal.

2.  The applicant states these awards were not entered on his DD Form 214.

3.  The applicant provides a copy of his DD Form 214, a Purple Heart certificate, and a copy of a memorandum to his command indicating a Bronze Star Medal award was attached for presentation in support of this application.

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 records show he enlisted in the Regular Army on 8 November 1966.  He completed basic combat and advanced individual training and was awarded the military occupational specialty of 13A (Field Artillery Basic).  He was promoted to pay grade E-4.

3.  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, Vietnam Service Medal, Republic of Vietnam Campaign Medal, Army Commendation Medal with "V" Device, and Parachutist Badge.

4.  Item 31 (Foreign Service) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam during the period from 8 June 1967 through 5 June 1968.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows that during his tour of duty in the Republic of Vietnam he was assigned to C Battery, 2d Battalion, 320th Artillery, performing duties as a cannoneer.

5.  The applicant provided a certificate showing award of the Purple Heart for wounds received on 2 October 1967.  This document was signed by the commander of the 2d Surgical Hospital.

6.  His DA Form 20, item 40 (Wounds), shows the entry "fragments neck" with a date of 2 October 1967.  Review of the Vietnam casualty roster shows the applicant was listed as "hostile wounded in action, not serious, hospitalized" on 2 October 1967.

7.  The applicant's records contain Headquarters, 101st Airborne Division, General Orders Number 1856, dated 20 June 1968, showing award of the Bronze Star Medal for meritorious service in connection with military operations against a hostile force for the period 8 June 1967 through 9 June 1968.

8.  The applicant's DD Form 214 shows that on 14 September 1969 he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining Reserve service obligation.  He had completed 2 years, 10 months, and 7 days of active military service.

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

10.  Army Regulation 672-5-1 (Military Awards), in effect at the time when the service member was discharged, required that throughout a qualifying period of service for award of the Army Good Conduct Medal the enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.  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.

11.  The applicant's records are void of any orders or other documents that indicate he was ever recommended for or awarded the Army Good Conduct Medal by proper authority while serving on active duty.  The applicant's DA Form 20 shows all "excellent" conduct and efficiency ratings and no adverse actions were shown in other available records.
 
12.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and procedures concerning awards.  It 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.

13.  Army Regulation 600-200 states, in pertinent part, that a brief description of wounds or injuries (including injury from gas) requiring medical treatment received through hostile or enemy action, including those requiring hospitalization will be entered in item 40 of the DA Form 20.  This regulation further states that the date the wound or injury occurred will also be placed in item 40.

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows unit awards received by units serving in the Republic of Vietnam.  This document shows that the unit the applicant was assigned to while serving in the Republic of Vietnam was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 48, dated 1971.

15.  Department of the Army Pamphlet 672-3 shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.

16.  Appendix B of Army Regulation 600-8-22 shows the campaigns for Vietnam.  During the applicant's tour in Vietnam he participated in the Vietnam Counteroffensive, Phase III (1 June 1967 - 29 January 1968); TET Counteroffensive (30 January 1968 - 1 April 1968); and Vietnam Counteroffensive, Phase IV (2 April 1968 - 30 June 1968) campaigns.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.
DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant the Bronze Star Medal.  Therefore, he is entitled to correction of his DD Form 214 to show the Bronze Star Medal.

2.  There are no orders in the applicant's personnel records which show he was awarded the Purple Heart.  However, the Vietnam casualty roster, his DA Form 20, and a Purple Heart certificate he provided show he was wounded in action against a hostile enemy on 2 October 1967 while he was in the Republic of Vietnam.  Since the Purple Heart certificate was signed by the commander of the 2d Surgical Hospital, it can be presumed that the applicant was treated for his wounds by medical personnel.  Ample evidence is available showing he is entitled to award of the Purple Heart and to have it added to his DD Form 214.

3.  The applicant completed a period of qualifying service ending with the termination of a period of Federal military service.  The applicant also had "excellent" conduct and efficiency ratings throughout his tenure of service.  Additionally, there is no record of any disciplinary action taken against the applicant or disqualification by his chain of command.  Therefore, it would be appropriate to award the applicant the first award of the Good Conduct Medal and correction of his records to show this award.

4.  Record shows the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in three campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of three bronze service stars to be affixed to his previously-awarded Vietnam Service Medal.

5.  General orders awarded the applicant's unit the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his records to show this unit award.

6.  General orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his records to show this unit 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.  awarding him the Purple Heart for wounds received on 2 October 1967 and the Army Good Conduct Medal (first award) for the period 8 November 1966 through 14 September 1969; and

	b.  adding to item 24 of the applicant's DD Form 214 the Bronze Star Medal, Purple Heart, Army Good Conduct Medal (first award), Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and three bronze service stars for wear with his previously-awarded Vietnam Service Medal.




      ___________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)                                         AR20080019782



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080019782



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1