IN THE CASE OF:	  

		BOARD DATE:	       23 JULY 2009

		DOCKET NUMBER:  AR20090004468 


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, award of the Purple Heart and its addition to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states, in effect, that he should have been awarded the Purple Heart based on a telegram he found notifying his parents that he had been wounded while serving in Vietnam.  He was in the jungle under combat conditions and there was no paperwork or applications available to apply for the medal.

3.  The applicant provides a copy of a Western Union telegram 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.  The applicant's military records show he was inducted into the Army of the United States in pay grade E-1 on 5 October 1966 for 2 years.  He completed basic and advanced individual training and was awarded military occupational specialty 11B, light weapons infantryman.  He served in Vietnam from 26 March 1967 to 25 March 1968 with Company B, 2nd Battalion, 5th Cavalry, 1st Cavalry Division (Airmobile), during three campaigns.

3.  The applicant submits a copy of, and his records contain, a Western Union telegram, dated 23 September 1967, addressed to his parents wherein they were informed that he had been slightly wounded in Vietnam on 22 September 1967 as a result of hostile action.  The telegram also advised that he had sustained a metal fragment wound to his left leg while on ambush patrol when he was hit by fragments from a friendly grenade.  He was treated and returned to duty.

4.  The applicant's DA Form 20 (Enlisted Qualification Record), item 40 (Wounds), shows a superficial fragment wound to his left leg on 22 September 1967.  Item 41 (Awards and Decorations) does not list the Purple Heart.

5.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows that he consistently received "excellent" conduct and efficiency ratings.  There is no evidence of any breach of Army good order or discipline in his service personnel record that would preclude award of the Army Good Conduct Medal.

6.  The applicant was honorably released from active duty in the temporary pay grade of E-5 on 15 October 1968 at the expiration of his term of service.  He was transferred to the U.S. Army Reserve Control Group (Annual Training).

7.  The applicant’s DD Form 214, item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized), lists the following awards:  the National Defense Service Medal, the Air Medal, the Bronze Star Medal with "V" Device, the Combat infantryman Badge (1st Award), two overseas service bars, the Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Campaign Medal with Device (1960), the Expert Marksmanship Qualification Badge with Machinegun Bar (M-60), and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).  The Purple Heart is not listed.

8.  The Vietnam casualty roster shows the applicant was wounded on 22 September 1967 and the casualty status code was "24."  This code indicates the status "hostile wounded in action, not serious, not hospitalized."
9.  A review of the records of the applicant's units for the time frame the applicant served in Vietnam was conducted in the Awards and Decorations Computer Assisted Retrieval System.  This review failed to show any orders were published authorizing award of the Purple Heart to the applicant.

10.  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.  

11.  Army Regulation 600-8-22 also authorizes a bronze service star based on qualifying service for each campaign listed in appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal including the Vietnam Service Medal.

12.  Army Regulation 672-5-1 (Awards), in effect at the time of the applicant's separation, provided that the Army Good Conduct Medal was awarded to individuals who distinguished 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 Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  To be eligible for award of the Army Good Conduct Medal, Soldiers must meet all of the following criteria:  all conduct (character) and efficiency ratings must be recorded as "excellent" except that ratings of "unknown" for portions of the period under consideration are not disqualifying.

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that his unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period from 9 August 1965 to 19 May 1969 by Headquarters, Department of the Army, General Orders Number 59, dated 1969.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should have been awarded the Purple Heart after being wounded in Vietnam.  There are no general orders that show the applicant was awarded the Purple Heart.  The evidence of record shows he sustained a fragmentation wound to the left leg on 22 September 1967 in the Republic of Vietnam as a result of friendly fire while his unit was engaged in a firefight with the enemy.  Despite the lack of general orders awarding the 

applicant the Purple Heart, the evidence shows he is qualified for award of the Purple Heart.  He is therefore entitled to have the Purple Heart awarded to him and to have this award shown on his DD Form 214.

2.  The evidence of record shows the applicant participated in three campaigns during his service in Vietnam and was only awarded two bronze service stars for his campaign participation.  He is therefore also eligible for award of one additional bronze service star, for a total of three, to be affixed to his already-awarded Vietnam Service Medal and to have this service star added to his DD Form 214 at this time.

3.  The applicant had "excellent" conduct and efficiency ratings throughout his time in the Army.  There is no evidence of indiscipline while he served on active duty.  The applicant was not awarded the Army Good Conduct Medal, it appears, more as a result of administrative oversight rather than something that the applicant did to disqualify himself from this award.  He is therefore eligible for award of the Army Good Conduct Medal for the period 5 October 1966 through 15 October 1968.

4.  General orders authorized the applicant’s unit award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his tenure of assignment in Vietnam.  This unit award is not shown on his DD Form 214.  Therefore, he is entitled to have his DD Form 214 corrected to show this unit award.

5.  In view of the foregoing, the applicant’s records should be corrected 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.  awarding the applicant the Purple Heart for wounds he received in the Republic of Vietnam on 22 September 1967;

	b.  awarding the applicant the Army Good Conduct Medal for the period 5 October 1966 through 15 October 1968; and

	c.  adding the Purple Heart, Army Good Conduct Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and one additional bronze service star to be affixed to his already-awarded Vietnam Service Medal to his DD Form 214.



      __________XXX_______________
                 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)                                         AR20090004468



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ABCMR Record of Proceedings (cont)                                         AR20090004468



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