IN THE CASE OF:	  

		BOARD DATE:	  7 July 2009

		DOCKET NUMBER:  AR20090004352 


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, in effect, that the Purple Heart (PH) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  

2.  The applicant states, in effect, that the PH he was awarded was not documented on his DD Form 214.

3.  The applicant provides a Western Union Telegram, Newspaper Article, and DD Form 214 in support of his request.

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 record shows he was inducted into the Army of the United States and entered active duty on 26 October 1966.  He was trained in, awarded, and served in military occupational specialty (MOS) 11C (Indirect Fire Crewman).

3.  Item 31 (Foreign Service) of the applicant’s DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from  10 April to 13 November 1967.  Item 38 (Record of Assignments) shows that during his RVN tour he was assigned to Company A, 2nd Battalion, 5th Cavalry Regiment, performing duties in MOS 11C.  Item 38 also shows he received no less than "excellent" conduct and efficiency ratings at each of his active duty assignments.

4.  Item 40 (Wounds) of the applicant's DA Form 20 includes an entry showing he sustained a fragment wound to his back on 6 June 1967.  Item 41 (Awards and Decorations) shows he earned the following awards during his active duty tenure: Air Medal (AM), National Defense Service Medal (NDSM), Vietnam Service Medal (VSM), Combat Infantryman Badge (CIB), RVN Campaign Medal with Device 1960, and one overseas service bar.

5.  The applicant's Official Military Personnel File (OMPF) is void of orders awarding the applicant the PH.  The OMPF does contain a Western Union Telegram which shows the applicant sustained a metal fragment wound in his back when he was hit by a hostile grenade during combat operations.  It also shows he received medical treatment for this wound at the 67th Evacuation Hospital.  The OMPF is also void of any derogatory information and/or a unit commander disqualification that would have precluded him from receiving the Army Good Conduct Medal (AGCM).  

6.  The applicant's OMPF contains orders issued at Fort Campbell, Kentucky that confirm he qualified as an "expert" with the M-14 Rifle, and orders issued at Fort Polk, Louisiana, which show he qualified as an "expert" with the .45 Caliber Pistol and Mortar, and as a "sharpshooter" with the M-16 Automatic Rifle.

7.  On 29 July 1968, the applicant was honorably released from active duty after completing a total of 1 year, 9 months, and 4 days of active military service.  Item 24 of the DD Form 214 he was issued shows he earned the following awards during his active duty tenure:  NDSM, VSM, one overseas service bar, CIB, AM, and RVN Campaign Medal with Device (1960).

8.  During the processing of this case, a member of the Board’s staff reviewed the Department of the Army (DA) Vietnam Casualty Roster.  The applicant's name is included on this casualty listing with an entry confirming he was wounded in action in the RVN on 6 June 1967.  
9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 2-8 contains the regulatory guidance pertaining to awarding the PH.  It states, in pertinent part, that the PH is awarded to any member who has been wounded or killed in action. A wound is defined as an injury to any part of the body from an outside force or agent sustained under conditions defined by this regulation.  In order to support awarding a member the PH, it is necessary to establish that the wound for which the award is being made required treatment by medical personnel and that treatment must have been made a matter of official record.

10.  Paragraph 2-13 of the awards regulation contains guidance on award of the VSM and states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN.  Table B-1 contains a list of campaigns and it shows that during the applicant’s tenure of assignment in the RVN, he was credited with participating in Vietnam Counteroffensive Phase II and Vietnam Counteroffensive Phase III campaigns.

11.  Chapter 4 of the awards regulation prescribes the policy for award of the AGCM.  It states, in pertinent part, that the AGCM 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 military service, in which case, a period of more than 1 year is a qualifying period. Although there is no automatic entitlement to the AGCM, disqualification must be justified.

12.  Department of the Army GO Number 8, dated in 1974, authorized the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all personnel assigned to the RVN from 8 February 1962 through 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his DD Form 214 should be corrected to include the PH has been carefully considered and found to have merit.  The evidence of record confirms that the applicant sustained a fragment wound to his back when he was hit by hostile grenade fragments during combat operations in the RVN on 6 June 1967, as evidenced by a Western Union Telegram on file in his OMPF, and entries in item 40 on his DA Form 20 and on the Vietnam Casualty Roster, the official DA list of RVN battle casualties.  Therefore, it would be appropriate and serve the interest of justice and equity to award the applicant the PH for wounds sustained in action in the RVN on 6 June 1967 and to add this award to his record and DD Form 214 at this time.
2.  The applicant's record also confirms that he received no less than "excellent" conduct and efficiency ratings at all of his active duty assignments, and his OMPF is void of any derogatory information or an unit commander disqualification that would have precluded him from receiving the AGCM.  As a result, it would be appropriate to award him the first award of the AGCM for his qualifying period of honorable active duty service from 26 October 1966 to 
29 July 1968, and to add this award to his record and DD Form 214 at this time.

3.  The evidence of record also includes official orders confirming the applicant qualified as an "expert" with the M-14 Rifle, .45 Caliber Pistol, and Mortar and that he qualified as a "sharpshooter" with the M-16 Automatic Rifle.  As a result, he is eligible for the Expert Marksmanship Qualification Badge with Pistol, Rifle, and Mortar Bars, and the Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar.   Therefore, it would be appropriate to include these badges in item 24 of his DD Form 214 at this time. 

4.  The evidence of record also confirms that based on his service and campaign participation in the RVN, the applicant is eligible for the RVN Gallantry Cross with Palm Unit Citation and 2 bronze service stars to be worn with his already-awarded VSM.  Therefore, it would also be appropriate to add these awards to his record and DD Form 214 at this time.

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 in action in the RVN on 6 June 1967, and the Army Good Conduct Medal for his qualifying period of honorable active duty service from 26 October 1966 to 29 July 1968;

	b.  by amending item 24 of the DD Form 214 by adding the Purple Heart, Army Good Conduct Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, two bronze service stars with his Vietnam Service Medal, Expert Marksmanship Qualification Badge with Rifle, Pistol, and Mortar Bars, and Sharpshooter Marksmanship Qualification Badge with Automatic Rifle; and

	c.  providing him a corrected DD Form 214 that includes these changes.



      _______ _   _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)                                         AR20090004352



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ABCMR Record of Proceedings (cont)                                         AR20090004352



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