IN THE CASE OF:	  

		BOARD DATE:	  14 July 2009

		DOCKET NUMBER:  AR20090004762 


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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his award of the Purple Heart.

2.  The applicant states that he was wounded in combat in Vietnam in January 1969 and sustained shrapnel injuries to his liver and right testicle.  He goes on to state that he did his rehabilitation in Japan and was sent to Fort Dix, New Jersey for the remainder of his time.

3.  The applicant provides a copy of his DD Form 214.

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 was inducted into the Army in Albany, New York on                 23 February 1968.  He completed his basic training at Fort Dix, New Jersey and his advanced individual training (AIT) as a light weapons infantryman at Fort Polk, Louisiana before being transferred to Vietnam on 26 July 1968.

3.  He was assigned to Company D, 1st Battalion, 46th Infantry Regiment, 198th Infantry Brigade for duty as a light weapons infantryman.  He was advanced to the pay grade of E-4 on 7 October 1968.

4.  On 29 January 1969, the applicant was wounded in combat when he sustained fragmentation wounds to the groin and liver.  He was evacuated to the 95th Evacuation Hospital in Da Nang, South Vietnam and was awarded the Purple Heart in General Orders Number 20, issued by Headquarters, 95th Evacuation Hospital on 30 January 1969.  He was medically evacuated to the Army hospital at Camp Zama, Japan and on 19 March 1969, he was transferred to Fort Dix, New Jersey, where he served as a drill sergeant until he was honorably released from active duty (REFRAD) on 20 February 1970, due to the expiration of his term of service (ETS).  He had served 1 year, 11 months, and 28 days of total active service and his DD Form 214 issued at the time of his REFRAD shows that he was awarded the Combat Infantryman Badge, the Vietnam Service Medal (VSM), the Vietnam Campaign Medal, and the National Defense Service Medal.

5.  A review of the applicant's official records shows that he received "excellent" conduct and efficiency ratings throughout his service and there is no derogatory information contained in his records that would serve to disqualify him for award of the Good Conduct Medal (GCMDL).

6.  Army Regulation 672-5-1, in effect at the time, established the criteria for award of the GCMDL.  It states, in pertinent part, that the GCMDL was established by Executive Order 8809, 28 June 1941 and was amended by Executive Order 9323, 1943 and by Executive Order 10444, 10 April 1953 and is awarded for exemplary behavior, efficiency, and fidelity in active Federal military service.  The regulation also states, in pertinent part, that for first award only, upon termination of service on or after 27 June 1950, a period of service of less than 3 years but more than 1 year qualifies for award of the GCMDL.  There is no automatic entitlement to award of the GCMDL.

7.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register-Vietnam Era) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  Table 1 (Army Units in Numerical Order) of the pamphlet indicates that the applicant’s unit was subsequently awarded the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation. Additionally, he participated in three campaigns while assigned to Vietnam and thus is entitled to be awarded three bronze service stars for wear on his VSM.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his records should be corrected to reflect his award of the Purple Heart has been noted and found to have merit.

2.  The applicant was awarded the Purple Heart for wounds received in action against the enemy on 29 January 1969 and he is entitled to have that award entered on his records at this time.

3.  After carefully examining the applicant’s record of service, it appears the applicant should have received the GCMDL for his service from 23 February 1968 through 20 February 1970.  This conclusion is based on the fact that the record is void of any derogatory information which would preclude the applicant from being awarded the GCMDL and the lack of any specific action by the applicant’s unit commander to disqualify him from receiving the award.  

4.  Additionally, the applicant’s unit was subsequently awarded the RVNGC w/Palm Unit Citation and he participated in three campaigns.  Accordingly, he is entitled to the RVNGC w/Palm Unit Citation and three bronze service stars for wear on his VSM.

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 first award of the Good Conduct Medal for the period     23 February 1968 through 20 February 1970; and

     b.  amending his DD Form 214 to add the Purple Heart and the RVNGC w/Palm Unit Citation and to show he is authorized to wear three bronze service stars on his already-awarded VSM. 

2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.




      _______ _   _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)                                         AR20090004762





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ABCMR Record of Proceedings (cont)                                         AR20090004762



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