DOCKET NUMBER:  AR20090002133 


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 that he was awarded the Purple Heart.

2.  The applicant states that he was awarded the Purple Heart on 17 July 1968 in the Republic of Vietnam for wounds received in connection with military operations against a hostile force.  He states that there is no mention of his Purple Heart on his DD Form 214.

3.  The applicant provides in support of his application a summary of the documents that he submitted in support of his application, dated 29 December 2008; a copy of General Orders Number 5328, dated 17 July 1968, awarding him the Purple Heart; a copy of the certificate awarding him the Purple Heart, dated 17 July 1968; a copy of General Orders Number 145, dated 18 July 1968, awarding him the Purple Heart for the same incident; a copy of the certificate awarding him the Purple Heart for the same incident, dated 18 July 1968; a copy of his DD Form 214; and a copy of his Veterans Benefits Award from the Veterans Administration, dated 9 January 1970.

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 14 November 1967, the applicant was inducted into the Army of the United States in Cleveland, Ohio.  He successfully completed his training and he was awarded military occupational specialty (MOS) 11B (light weapons infantryman).  He arrived in Vietnam on 6 May 1968 and he was assigned to Company A, 5th Battalion (Mechanized), 60th Infantry Regiment, 9th Infantry Division.

3.  On 17 July 1968, General Orders Number 5828, published by Headquarters, 9th Infantry Division, awarded the applicant the Purple Heart for wounds received in connection with military operations against a hostile force on 15 July 1968.

4.  On 18 July 1968, General Orders Number 145, published by Headquarters, 3rd Field Hospital, awarded the applicant the Purple Heart for wounds received in connection with military operations against a hostile force on 15 July 1968.

5.  The applicant returned to the Continental United States on 31 July 1968 and he was hospitalized at Valley Forge General Hospital in Phoenixville, Pennsylvania, as a result of the wounds that he received while he was in Vietnam.

6.  The applicant was honorably released from active duty (REFRAD) on 22 August 1969, under the provisions of Army Regulation 635-200, due to being an enlisted member of a medical holding detachment who, upon completion of hospitalization, did not intend to enlist in the Regular Army.  The applicant was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 that 
he was furnished at the time of his REFRAD shows that he was awarded the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Expert Marksmanship Qualification Badge 
with Rifle Bar (M-14), Marksman Marksmanship Qualification Badge with Machinegun Bar (M-60); and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).  However, the Purple Heart is not included on his DD Form 214.

8.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows that his conduct and efficiency ratings were "excellent" while he was in the Army.

9.  Medical Evaluation Board (MEB) Proceedings contained in the applicant’s official military records show that the applicant was injured by hostile small arms fire while he was on a search and destroy mission on 15 July 1968.

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

11.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the Army 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.

12.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that 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.  

13.  Appendix B of Army Regulation 600-8-22 lists, in pertinent part, the campaigns and inclusive dates for the Vietnam Conflict and shows that during the applicant's period of service in the Republic of Vietnam, credit was awarded for the Vietnam Counteroffensive Campaign, Phase IV, which extended from
2 April 1968 through 30 June 1968; and Vietnam Counteroffensive Campaign, Phase V, which extended from 1 July through 1 November 1968.  This same 
regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign in which an individual serves.



14.  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 the unit to which the applicant was assigned was cited for award of the Valorous Unit Award for the period 6 May 1968 through 12 May 1968 by Department of the Army General Order (DAGO) Number 43 dated 1970, the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period December 1966 through June 1968 by DAGO Number 43 dated 1970, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 through 28 June 1969 by DAGO Number 59 dated 1969.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show that he was awarded the Purple Heart.

2.  His contention was noted and determined to be with merit.  His records show that General Order Number 5828 was published by his command on 17 July 1968 awarding him the Purple Heart and a second order was published by officials at the field hospital on 18 July 1968 awarding him the Purple Heart for injuries that were incurred during the same incident.  Despite the publication of two orders to recognize the applicant for having been wounded on 15 July 1968, he is entitled to one award of the Purple Heart and to have it entered on his DD Form 214. 

3.  The applicant’s official military records show that, based on the applicable regulations, he is also entitled to award of the Combat Infantryman Badge, Army Good Conduct Medal, and two bronze service stars for wear on his already-awarded Vietnam Service Medal.  Therefore, these awards should be included on his DD Form 214.

4.  While in Vietnam, the unit in which the applicant served was cited in orders for award of the Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, his DD Form 214 should be amended to include these awards.

5.  In view of the foregoing, it would now be in the interest of justice to correct the applicant’s records as recommended below.



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 Combat Infantryman Badge for participation in active ground combat on 15 July 1968 while serving in the Republic of Vietnam;
   
   c.  awarding the applicant the Army Good Conduct Medal for exemplary service for the period 14 November 1967 through 22 August 1969; and 
   
   d.  adding to Item 24 of the applicant's DD Form 214 the Purple Heart, Army Good Conduct Medal, Combat Infantryman Badge, Vietnam Service Medal with two bronze service stars, Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.



      __________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)                                         AR20090002133



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090002133



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1