IN THE CASE OF:	  

		BOARD DATE:	       26 August 2009

		DOCKET NUMBER:  AR20090005780 


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 correction of his records to show award of the Purple Heart (PH).  

2.  The applicant states, in effect, that he was injured during a rocket attack in the Republic of Vietnam (RVN) on or about 24 February 1969, and he was treated for his injuries at a local hospital for several days, which is documented in his medical record.  The PH was never issued to him.

3.  The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and medical treatment documents 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 enlisted in the Regular Army (RA) and entered active duty on 20 September 1966.  He was initially trained in and awarded military occupational specialty (MOS) 63B (Wheel Vehicle Mechanic) on 
27 January 1967, and he was later awarded MOS 63C (Motor Vehicle Repairman) on 7 December 1968.  His record also shows he was promoted to sergeant (SGT)/E-5 on 14 November 1968 and that this is the highest rank he attained while serving on active duty.

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the RVN from 10 January 1968 through 20 April 1969.  Item 38 (Record of Assignments) shows that during his RVN tour, he was assigned to Headquarters and Headquarters Company (HHC) and A Company of the 123rd Aviation Battalion, performing duties in MOS 63B as a wheel vehicle mechanic and in MOS 63C as a motor sergeant.  Item 38 also shows he received "excellent" conduct and efficiency ratings at all of his active duty assignments.  

4.  The applicant's record is void of any derogatory information or a unit commander disqualification that would have precluded him from receiving the Army Good Conduct Medal (AGCM).  His medical record contains a Standard Form (SF) 600 (Chronological Record of Medical Care) that contains entries for 24, 25, 27 and 28 February 1969, which show he was treated for and received dressings for injuries to his legs and feet.  

5.  On 23 April 1969, the applicant was honorably released from active duty (REFRAD), in the rank of SGT, after completing 2 years, 7 months, and 4 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 National Defense Service Medal, Marksman Marksmanship Qualification Badge with Rifle Bar, RVN Campaign Medal (RVNCM), Vietnam Service Medal (VSM), 2 Overseas Service Bars, and the Army Commendation Medal (ARCOM).

6.  During the processing of this case, a member of the Board staff reviewed the Department of the Army (DA) Vietnam Casualty Roster.  This review revealed an entry pertaining to the applicant that shows he was wounded in action in the RVN on 23 February 1969. 

7.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Paragraph 2-8 contains guidance on 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 it required treatment by medical personnel, and a record of this medical treatment must have been made a matter of official record.

8.  Paragraph 2-13 of the awards regulation contains guidance on the VSM and states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN.  A silver service star is issued in lieu of 5 bronze service stars to denote participation in five campaigns.  Table B-1 contains a list of campaigns and shows that during the applicant's tenure of assignment, participation credit was granted for the Vietnam Counteroffensive Phase III (1 June 1967 – 29 January 1968); Tet Counteroffensive (30 January 1968 – 1 April 1968); Vietnam Counteroffensive Phase IV (2 April 1968 – 30 June 1968); Vietnam Counteroffensive Phase V (1 July 1968 – 1 November 1968), Vietnam Counteroffensive Phase VI (2 November 1968 – 22 February 1969); and Tet 69 Counteroffensive, 1969 (23 February 1969 – 8 June 1969) campaigns.   

9.  Chapter 4 of the awards regulation 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.  

10.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It confirms that during his tenure of assignment in the RVN, the applicant’s unit (123rd Aviation Battalion) earned the RVN Gallantry Cross with Palm Unit Citation. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he should be awarded the PH for wounds he received in the RVN in February 1969 was carefully considered and found to have merit.  The evidence of record confirms the applicant was wounded in action in the RVN on 23 February 1969 and that he was treated for these combat-related wounds by military medical personnel between 24 and 
28 February 1969, as evidenced by an entry on the Vietnam Casualty Roster and 
an SF 600 on file in his record.  Therefore, it would be appropriate to award the applicant the Purple Heart for wounds received in action on 23 February 1969 and add it to his records and DD Form 214 at this time.

2.  The applicant's record 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 award of 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 September 1966 through 23 April 1969 and to add it to his record and DD Form 214 at this time.  

3.  The evidence of record also shows that based on his RVN service and campaign participation, the applicant is eligible for the RVN Gallantry Cross with Palm Unit Citation and 1 silver service star and 1 bronze service star with his already-awarded VSM.  Therefore, it would also be appropriate to add these awards to his record and 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.  deleting from item 24 of the applicant's DD Form 214 the Vietnam Service Medal;
   
   b.   awarding the applicant the Purple Heart for wounds received in action in the Republic of Vietnam on 23 February 1969;
   
   
   
   c.  awarding the applicant the Army Good Conduct Medal (first award) for his qualifying honorable active duty service from 20 September 1966 through 
23 April 1969;

   d.  adding to item 24 of the applicant's DD Form 214 the Purple Heart, Army Good Conduct Medal (first award), Vietnam Service Medal with 1 silver service star and 1 bronze service star, and Republic of Vietnam Gallantry Cross with Palm Unit Citation; and
   
   e.  providing the applicant a correction to his DD Form 214 that includes these awards.



      ___________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)                                         AR20090005780



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ABCMR Record of Proceedings (cont)                                         AR20090005780



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