IN THE CASE OF:	  

		BOARD DATE:	       21 April 2009

		DOCKET NUMBER:  AR20090000115 


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 for wounds received in the Republic of Vietnam.

2.  The applicant states that he was wounded and received the Purple Heart but it was not recorded on his DD Form 214. 

3.  The applicant provides, in support of his application, copies of his DD Form 214; a Standard Form (SF) 600 (Chronological Record of Medical Care), dated 26 November 1966; a DA Form 8-273-3 (Clinical Record Cover Sheet), dated
28 November 1966; and a DA Form 8-273-2 (Clinical Record Cover Sheet), dated 19 December 1966.

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.  On 1 September 1964, the applicant enlisted in the Regular Army for 3 years.  He completed his initial training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  

3.  On 23 January 1965, the applicant was assigned for duty with Company B, 2nd Battalion, 35th Infantry Regiment, located in Hawaii.

4.  On 7 January 1966, the applicant departed with his unit to the Republic of Vietnam.  On 9 January 1966, he was assigned duty as a rifleman.  On 
18 February 1966, he was reassigned within the same company for duty as a grenadier.

5.  The extracts of service medical records provided by the applicant show that on 23 November 1966, while engaged in a fire fight near the Cambodian border, he sustained fragment wounds to his left wrist and left shoulder.  He was subsequently medically evacuated on 9 December 1966 to Camp Zama, Japan.

6.  The Vietnam Casualty Roster shows that the applicant was wounded in action on 23 November 1966.

7.  On 31 August 1967, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.  He had attained the rank of specialist four (SP4)/pay grade E-4 and had completed 3 years of creditable active duty.

8.  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 Vietnam Service Medal with two bronze service stars, Combat Infantryman Badge, [Republic of ] Vietnam Campaign Medal [with Device (1960], and the National Defense Service Medal.  It does not show award of the Purple Heart.

9.  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 awarding the applicant the Purple Heart.

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

11.  Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows that his conduct and efficiency ratings were "excellent" throughout his tenure of service.  The applicant’s records do not contain any evidence of disciplinary action.  There is no evidence to show that the commander took any action to deny him the Army Good Conduct Medal. 

12.  Special Orders Number 238, U.S. Army Training Center, Infantry, Fort Jackson, South Carolina, dated 24 October 1964, awarded the applicant the Marksman Marksmanship Qualification Badge with Rifle [M-14] Bar.

13.  Special Orders Number 254, Headquarters, 25th Infantry Division, dated
27 October 1965, awarded the applicant the Sharpshooter [1st Class Gunner] Marksmanship Qualification Badge with Grenade [M-79] Bar.

14.  Special Orders Number 255, Headquarters, 25th Infantry Division, dated
28 October 1965, awarded the applicant the Marksman Marksmanship Qualification Badge with Pistol [.45 Cal] Bar.

15.  Special Orders Number 258, Headquarters, 25th Infantry Division, dated
1 November 1965, awarded the applicant the Sharpshooter [1st Class Gunner] Marksmanship Qualification Badge with Machinegun [M-60] Bar.

16.  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, and the medical treatment must have been made a matter of official record.

17.  Army Regulation 672-5-1, in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who had 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.  


18.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that Company B, 2nd Battalion, 35th Infantry Regiment, during the time of the applicant's assignment, was cited in Department of the Army General Orders (DAGO) Number 51, dated in 1968, for award of the Presidential Unit Citation; and in DAGO Number 48, dated 1971, for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant states that he was wounded in action and received the Purple Heart.  He contends that the Purple Heart should have been recorded on his 
DD Form 214.

2.  There are no general orders available that show the applicant was awarded the Purple Heart.  However, the applicant's name is listed on the Vietnam Casualty Roster which corroborates the medical records provided by the applicant.  Therefore, the applicant is entitled to award of the Purple Heart and correction of his records to show this award.

3.  The applicant’s records clearly show that he distinguished himself in the performance of his military service.  Therefore, it is presumed that his not receiving an Army Good Conduct Medal for his service was an oversight.  Therefore, he should be awarded the Army Good conduct Medal (first award) and to have his records corrected to show this medal.

4.  The applicant’s unit was cited in general orders for award of the Presidential Unit Citation.  Therefore, his records should be corrected to show this unit award.

5.  The applicant’s unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his records should be corrected to show this foreign unit award.

6.  Special orders show the applicant qualified as a sharpshooter with the M-79 Grenade and the M-60 machinegun.  Therefore, his records should be corrected to show award of the Sharpshooter Marksmanship Qualification Badge with Grenade and Machinegun Bars.

7.  Special Orders show that the applicant qualified as a marksman with the M-14 rifle and the .45 caliber pistol.  Therefore, his records should be corrected to show award of the Marksman Marksmanship Qualification Badge with Rifle and Pistol 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.  awarding the applicant the Army Good Conduct Medal (first award) for the period from 1 September 1964 to 31 August 1967; and

 	b.  adding to item 24 of the applicant's DD Form 214 the Purple Heart, Army Good Conduct Medal (first award), Presidential Unit Citation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Sharpshooter Marksmanship Qualification Badge with Grenade and Machinegun Bars, and the Marksman Marksmanship Qualification Badge with Rifle and Pistol Bars.



      ________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)                                         AR20090000115



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ABCMR Record of Proceedings (cont)                                         AR20090000115



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