IN THE CASE OF:	  

		BOARD DATE:	        21 JULY 2009

		DOCKET NUMBER:  AR20090004860 


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, he was wounded in combat while serving in the Republic of Vietnam (RVN); however, the PH was never annotated on his service record.  He further states he is providing letters he wrote home to be used to support his claim.

3.  The applicant provides his DD Form 214 and self-authored letters 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 record shows he was inducted into the Army of the United States on 2 December 1966, and that he was trained in and awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  His record further shows that sergeant (SGT/E-5) is the highest grade he attained while serving on active duty. 

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the RVN from 23 June 1967 through 22 June 1968.  Item 38 (Record of Assignments) shows that during his RVN tour he was assigned to Company A, 1st Battalion, 27th Infantry Regiment, 25th Infantry Division, performing duties in MOS 11B as a rifleman and in MOS 31B as a radio mechanic and communications chief.  It also shows he received no less than "excellent" conduct and efficiency ratings at all of his active duty assignments.  

4.  Item 40 (Wounds) of the applicant's DA Form 20 contains the entry fragment wound right arm 8 February 1968.  Item 41 (Awards and Decorations) shows he earned the following awards during his active duty tenure:  National Defense Service Medal (NDSM), Vietnam Service Medal (VSM), RVN Campaign Medal (RVNCM) with Device (1960), Army Commendation Medal (ARCOM) with "V" Device (Valor), Bronze Star Medal (BSM), Combat Infantryman Badge (CIB), and 2 Overseas Service Bars.  

5.  The applicant's Official Military Personnel File (OMPF) is void of any derogatory information or a unit commander disqualification that would have precluded him from receiving the Army Good Conduct Medal (AGCM).  

6.  The applicant's OMPF contains a Chronological Record of Medical Care 
(SF 600) which confirms that, on 8 February 1968, the applicant was treated for fragment wounds to his right forearm and left wrist. 

7.  On 29 November 1968, the applicant was honorably released from active duty (REFRAD), in the rank of SGT, after completing 1 year, 11 months, and 28 days of active military service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued at the time shows he earned the following awards:  NDSM, VSM, RVNCM with Device (1960), ARCOM with "V" Device, BSM, CIB, and 2 Overseas Service Bars.

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 official list of RVN battle casualties.  This search revealed an entry confirming the applicant was wounded in action in the RVN on 8 February 1968.

9.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Paragraph 2-13 contains guidance on the VSM.  It states, in pertinent part, that a bronze service star is authorized for each campaign a member is credited with participating in while serving in the RVN.  Table B-1 contains a list of RVN campaigns and shows that during the applicant's tenure of assignment in the RVN, participation credit was granted for the Vietnam Counteroffensive Phase III, TET Counteroffensive, and Vietnam Counteroffensive Phase IV campaigns.  

10.  Chapter 4 of Army Regulation 600-8-22 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 Federal 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.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during the applicant’s tenure of assignment in the RVN, his unit (1st Battalion, 27th Infantry Regiment) received the RVN Gallantry Cross with Palm Unit Citation and RVN Civil Actions Honor Medal First Class Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he should be awarded the PH based on being wounded in action in the RVN was carefully considered and found to have merit. The evidence of record confirms he was wounded in action in the RVN, on
8 February 1968, as evidenced by a DA Form 20 entry in item 40, a medical treatment record contained in his OMPF, and by an entry on the Vietnam Casualty Roster.  Therefore, it would be appropriate to award the applicant the PH and to add it to his record and DD Form 214 at this time. 

2.  The applicant's record also confirms he received "excellent" conduct and efficiency ratings at all of his active duty assignments and his record is void of derogatory information or a unit commander disqualification that would have precluded him from receiving the AGCM.  Therefore, it would be appropriate to award him the first award of the AGCM for his qualifying period of honorable active duty service from 2 December 1966 through 29 November 1968.

3.  The evidence of record further confirms that based on his RVN service and campaign participation, the applicant is also eligible for the RVN Gallantry Cross with Palm Unit Citation, RVN Civil Actions Honor Medal First Class Unit Citation and 3 bronze service stars to be worn with his VSM.  Thus, these awards should also be added to his DD Form 214.  

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 Republic of Vietnam on 8 February 1968; 

	b.  awarding him the Army Good Conduct Medal for his qualifying period of honorable active duty service from 2 December 1966 through 29 November 1968; 

	c.  amending item 24 of his DD Form 214 by adding the "Purple Heart, Army Good Conduct Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and 3 bronze service stars to be worn with his Vietnam Service Medal; and 

	d.  providing him a correction to his DD Form 214 that reflects these changes.




      _______ _   _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)                                         AR20090004860



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ABCMR Record of Proceedings (cont)	                                         AR20090004860



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