IN THE CASE OF:	  

		BOARD DATE:	      10 SEPTEMBER 2009

		DOCKET NUMBER:  AR20090005750 


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 award of the Purple Heart.

2.  The applicant states that he was not awarded the Purple Heart after he received a shrapnel wound while he was in Vietnam.  He states that he was not aware that he qualified for the Purple Heart; however, he now believes that he qualifies for the award.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and Standard Forms 600 (Chronological Record of Medical Care).

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.  On 14 May 1968, the applicant was inducted into the Army of the United States in Kansas City, Missouri.  He successfully completed his training as a light weapons infantryman.  He was transferred to Vietnam on 15 October 1968 and he was assigned to Company A, 5th Battalion, 46th Infantry Regiment, 198th Infantry Brigade.

3.  The applicant's medical records show that he was treated by medical personnel on 4 April 1969 for a fragment wound to his left thigh.  His medical records show that he was treated on 11 April, 13 April, 14 April, 16 April, and 17 April 1969 for the shrapnel wound to his left thigh.  He was assigned to Company D, 1st Battalion, 6th Infantry Regiment, 198th Infantry Brigade, on 28 April 1969.

4.  On 2 July 1969, he was transferred to Korea.  He returned to the continental United States on 16 December 1969.

5.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows that he was awarded the National Defense Service Medal, the Armed Forces Expeditionary Medal, the Vietnam Service Medal, the Combat Infantryman Badge, and the Republic of Vietnam Campaign Medal with Device (1960).  His DA Form 20 also shows that he had "excellent" conduct and efficiency ratings while he was in the Army.

6.  On 17 December 1969, the applicant was honorably released from active duty (REFRAD) under the provisions of Army Regulation 635-200, chapter 5, as an overseas returnee and he was transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his Reserve obligation.

7.  The DD Form 214 that the applicant was furnished at the time of his REFRAD shows that he was awarded the National Defense Service Medal, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), the Expert Marksmanship Qualification Badge with Rifle Bar (M-16), the Armed Forces Expeditionary Medal, the Vietnam Service Medal, the Combat Infantryman Badge, the Republic of Vietnam Campaign Medal, and one overseas service bar.

8.  A review of the Vietnam casualty roster does not show that the applicant was wounded in action while he was in Vietnam.

9.  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.

10.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "unknown" for portions of the period under consideration were not disqualifying.  Service and efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 were not disqualifying.

11.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the following four campaigns during his tour of duty in the Republic of Vietnam:  the Vietnam Counteroffensive Phase V Campaign which extended from 1 July 1968 through 1 November 1968, the Vietnam Counteroffensive Phase VI Campaign which extended from 2 November 1968 through 22 February 1969, the Tet 69 Counteroffensive Campaign which extended from 23 February 1969 through 8 June 1969, and the Vietnam Summer-Fall 1969 Campaign which extended from 9 June 1969 through 31 October 1969.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows the unit to which the applicant was assigned was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 24 August 1969 through 31 December 1969 by Department of the Army General Order Number 42, dated 1972.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Purple Heart.

2.  His contentions have been noted and the available records indicate that he is entitled to award of the Purple Heart.  The medical documentation contained in his official record shows that he was treated numerous times for a fragment wound to his left thigh during the month of April 1969 while he was in Vietnam.  He was awarded the Combat Infantryman Badge while serving in the Army; therefore, it is reasonable to presume that the applicant’s wound was the result of hostile action by enemy forces.  The evidence of record suggests that it would be appropriate to award the applicant the Purple Heart and to amend his records accordingly.

3.  Based on the criteria contained in Army Regulation 672-5-1 in effect at the time, the applicant is qualified for award of the Army Good Conduct Medal and his records should be corrected accordingly.

4.  According to Department of the Army Pamphlet 672-3, the unit to which the applicant was assigned was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  This award should also be included on his DD Form 214.

5.  Additionally, the applicant participated in four campaigns while he was in Vietnam.  Therefore, he is entitled to four bronze service stars to be worn on his already-awarded Vietnam Service Medal.

6.  In view of the foregoing, it would now be appropriate to correct the applicant’s records 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 him the Purple Heart for wounds sustained to his left thigh on 4 April 1969 while he was in Vietnam serving in the rank of specialist four (E-4);

	b.  awarding him the Army Good Conduct Medal for exemplary service from 14 May 1968 through 17 December 1969 while serving in the rank of specialist four (E-4); and

	c.  amending his DD Form 214 to add the Purple Heart, the Army Good Conduct Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and four bronze service stars to be worn on his already-awarded Vietnam Service Medal.



      _________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)                                         AR20090005750



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ABCMR Record of Proceedings (cont)                                         AR20090005750



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