IN THE CASE OF:	  

		BOARD DATE:	  30 July 2009

		DOCKET NUMBER:  AR20090003537 


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.

2.  The applicant states that he was wounded in the Republic of Vietnam on 16 March 1968.

3.  The applicant provides copies of his DD Form 214; medical records from United States Army Valley Forge Hospital; and a letter from the National Personnel Records Center, dated 6 February 2009, in support of his 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.  At the time of his application, the applicant was a retired private first class, United States Army.

3.  On 2 August 1967, the applicant was inducted into the Army of the United States for 2 years.  He completed his initial training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

4.  Special Orders Number 257, Fort Bragg, North Carolina, dated 14 September 1967, awarded the applicant the Expert Marksmanship Qualification Badge with Rifle [M-14] Bar.

5.  Special Orders Number 285, Headquarters, Fort Polk, Louisiana, dated 3 November 1967, awarded the applicant the Marksman Marksmanship Qualification Badge with Rifle [M-16] Bar.

6.  Special Orders Number 314, Headquarters, United States Army Training Center, Infantry and Fort Polk, Fort Polk, Louisiana, dated 6 December 1967, awarded the applicant the Sharpshooter [1st Class Gunner] Marksmanship Qualification Badge with Machinegun Bar.

7.  On 8 December 1967, the applicant departed Fort Polk, Louisiana, for duty in the Republic of Vietnam.

8.  On 10 January 1968, the applicant was assigned as a rifleman with Company B, 1st Battalion, 6th Infantry Regiment.  On 26 February 1968, he was reassigned to Company D of the same battalion.

9.  Casualty message, date/time group 170730Z March 1968, reported that the applicant was seriously wounded as the result of enemy action on 16 March 1968.  He was admitted for medical treatment on 16 March 1968.  On 5 April 1968, the applicant departed the Republic of Vietnam.

10.  Service medical records show that the applicant suffered multiple fragment wounds in the Republic of Vietnam on 16 March 1968.

11.  On 6 August 1968, the applicant was retired due to physical disability.  He had attained the rank of private first class, pay grade E-3, and had completed 1 year and 5 days of creditable active duty.

12.  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, Combat Infantryman Badge, Republic of Vietnam Campaign Medal with Device (1960), "1st Class Gunner Marksman Badge," and "Expert Badge with Rifle Bar."  

13.  The Awards and Decorations Computer Assisted Retrieval System, 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, was not available for review.

14.  The applicant’s name is listed on the Vietnam casualty roster.

15.  Item 40 (Wounds) of the applicant’s DA Form 20 (Enlisted Qualification Record) shows that he received fragment wounds to his head on 16 March 1968.

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.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows that his conduct and efficiency were "excellent."  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.

18.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who had completed 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 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 school efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 are not disqualifying.

19.  Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates of service in the Republic of Vietnam he participated in the following two campaign periods:  the Vietnam Counteroffensive Phase III and the Tet Counteroffensive.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

20.  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, 1st Battalion, 6th Infantry Regiment, was cited in Department of the Army General Orders 73, dated 1968, for award of the Valorous Unit Award during the time of the applicant's assignment.

21.  Department of the Army General Orders 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service in Vietnam to Headquarters, United States Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.


DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Purple Heart.

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 and his wounds are recorded on his DA Form 20.  Furthermore, medical evidence clearly shows that he received medical treatment for his wounds.  Therefore, the applicant's request for award of the Purple Heart should be granted.

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.  Accordingly, he should be awarded this medal.

4.  The applicant’s unit was cited in general orders for award of the Valorous Unit Award.  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.  Records show that the applicant participated in two campaign periods during his service in the Republic of Vietnam.  Therefore, he is eligible for award of two bronze service stars to be affixed to his Vietnam Service Medal.

7.  Records show the applicant qualified as a marksman with the M-16 rifle.  Therefore, his records should be corrected to show award of the Marksman Marksmanship Qualification Badge with Rifle Bar.

8.  Records show the applicant qualified as a sharpshooter with the M-60 machine gun.  Therefore, his records should be corrected to show award of the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar.

9.  Special orders show that the applicant qualified as an expert with the M-14 rifle.  Therefore, his records should be corrected to show award of the Expert Marksmanship Qualification Badge with Rifle Bar.

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 16 March 1968;

	b.  awarding him the Army Good Conduct Medal for the period from 2 August 1967 to 6 August 1968;

	c.  deleting from item 24 of his DD Form 214 the entries "1st Class Gunner Marksman Badge" and "Expert Badge with Rifle Bar"; and

	d.  showing that in addition to the other awards shown on his DD Form 214 his authorized awards include the Purple Heart, Army Good Conduct Medal, Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Expert Marksmanship Qualification Badge with Rifle Bar, Sharpshooter 


Marksmanship Qualification Badge with Machinegun Bar, Marksman Marksmanship Qualification Badge with Rifle Bar, and two bronze service stars to be affixed to his already-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)                                         AR20090003537



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ABCMR Record of Proceedings (cont)                                         AR20090003537



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