IN THE CASE OF:  

		BOARD DATE:	23 July 2009  

		DOCKET NUMBER:  AR20090005231 


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 (PH).

2.  The applicant states, in effect, that while serving with the 227th Aviation Company at Ah Khe in the Republic of Vietnam (RVN) in June 1967, he was injured by a punji stick when he went into a hole during a mortar attack.  He claims he was on temporary duty (TDY) to Phan Thiet, RVN at the time.  

3.  The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) 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 in the Army of the United States and entered active duty on 20 January 1966, and that he was trained in and awarded military occupational specialty (MOS) 67N (UH-1/AH-1G Helicopter Mechanic).

3.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows he served in the RVN from 10 August 1966 through 9 August 1967.  Item 38 (Record of Assignments) shows that during his RVN tour, he was assigned to Company B, 227th Aviation Battalion from 15 August 1966 through 7 September 1966 and to Company B, 229th Aviation Battalion, 1st Cavalry Division from 8 September 1966 through 4 August 1967.  Item 40 (Wounds) is blank and item 41 (Awards and Decorations) shows that during his active duty tenure he earned the Vietnam Service Medal (VSM), National Defense Service Medal (NDSM), Air Medal (AM), RVN Campaign Medal (RVNCM), Aircraft Crewman Badge, and Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar.  It also shows he received "excellent" conduct and efficiency ratings at all of his active duty assignments.

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

5.  The applicant's OMPF contains a Standard Form (SF) 513 (Consultation Sheet), dated 9 January 1968, which shows the applicant sustained and was treated for an injury to his left foot as a result of stepping on a punji stick (booby trap splinter) in the RVN in September 1967.  It also contains an SF 89 (Report of Medical History), dated 9 January 1968, which indicates in item 30 (Physician's Summary and Elaboration of all Pertinent Data) that while serving in the RVN, the applicant was wounded in his left foot by a bamboo stake (punji stick) in October 1966, that he had received treatment, and that he still had occasional pain to his foot after long periods of standing.

6.  The applicant's OMPF also contains 1st Cavalry Division (Airmobile) General Orders (GO) Number (#) 304, dated 24 January 1967, which awarded the applicant the AM for his meritorious achievement while participating in aerial flight during the period 4 September 1966 through 20 September 1966 and 
1st Cavalry Division (Airmobile) Special Orders (SO) # 50, dated 19 February 1967, which awarded him the Aircraft Crewman Badge.

7.  On 19 January 1968, the applicant was honorably released from active duty (REFRAD) after completing a total of 2 years of active military service.  The 
DD Form 214 he was issued at the time shows he earned the VSM with 1 bronze service star, RVNCM, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

8.  Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy.  Paragraph 2-8 contains the regulatory guidance pertaining to award of the PH.  It states, in pertinent part, that in order to support award of the PH there must be evidence that the wound for which the award is being made was received as a result of enemy action, that the wound required treatment by medical personnel, and a record of this medical treatment must have been made a matter of official record.  Paragraph 2-8h provides examples of injuries or wounds which clearly do not justify award of the PH.  Included in this list are accidents, to include explosive, aircraft, vehicular, and other accidental wounding not related to or caused by enemy action. 

9.  Paragraph 2-10 of the awards regulation contains guidance on the NDSM and states, in pertinent part, that it is authorized for honorable active service for any period between 1 January 1961 and 14 August 1974.  

10.  Paragraph 2-13 of the awards regulation 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.  

11.  Table B-1 of the awards regulation contains a list of RVN campaigns and shows that during the applicant's tenure of assignment, participation credit was granted for the Vietnam Counteroffensive, Phase II (1 July 1966 – 31 May 1967) and Vietnam Counteroffensive, Phase III (1 June 1967 – 29 January 1968) campaigns.

12.  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.

13.  Paragraph 9-13 of Army Regulation 600-8-22 contains guidance on the RVNCM.  It states, in pertinent part, that this award is authorized to members of the Armed Forces of the United States for qualifying service in the RVN during the period 1 March 1961 through 28 March 1973.  The regulation stipulates that a 1960 Device is worn with this award.
14.  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 (229th Aviation Battalion) received the Meritorious Unit Commendation (MUC) and RVN Gallantry Cross (RVNGC) with Palm Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he is eligible for the PH because he was wounded in action in the RVN in June 1967, was carefully considered and found to have merit.  

2.  The evidence of record contains an SF 513 and SF 89 with a physician's annotation, which confirm the applicant sustained and was treated for an injury to his left foot that he received as a result of stepping on a punji stick, an enemy placed booby trap, in the RVN.  The date the wound was incurred differs on these two documents (SF 513 - September 1967 and SF 89 - October 1966), and both differ with the date provided by the applicant, which is June 1967.  However, both treatment records are consistent in verifying the nature of the combat- related wound and that the applicant required treatment by medical personnel for this wound he received as a result of enemy action.  Therefore, it would be appropriate to accept the date provided by the applicant as the most accurate date, and to award him the PH for wounds received as a result of hostile action in the RVN in June 1967; and to add this award to his record and DD Form 214 at this time.

3.  The applicant's record also confirms that he received "excellent" conduct and efficiency ratings and it is void of derogatory information or a 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 20 January 1966 through 19 January 1968.

4.  The evidence of record also shows the applicant was awarded the AM and Aircraft Crewman Badge which were omitted from his DD Form 214, and that based on his active duty service and RVN service and campaign participation, he is eligible for the NDSM, MUC, RVNGC with Palm Unit Citation, VSM with
2 bronze service stars, and the RVNCM with Device (1960).  Therefore, it would also be appropriate to add these awards to his 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 the applicant the Purple Heart for being wounded in action in the RVN in June 1967;

	b.  awarding the applicant the Army Good Conduct Medal for his qualifying period of honorable active duty service from 20 January 1966 through
19 January 1968; 	

	c.  deleting from item 24 of the applicant's DD Form 214 the current list of awards and replacing it with the entry "Purple Heart, Air Medal, Army Good Conduct Medal, National Defense Service Medal, Vietnam Service Medal with 
2 bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Campaign Medal with Device (1960), 
Meritorious Unit Commendation, Aircraft Crewman Badge, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar"; and

	d.  providing him a correction to his DD Form 214 that reflects 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)                                         AR20090005231



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ABCMR Record of Proceedings (cont)                                         AR20090005231



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