IN THE CASE OF:	  

		BOARD DATE:	  20 August 2009

		DOCKET NUMBER:  AR20090005911 


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 his already-awarded Purple Heart and Bronze Star Medal be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and that he be awarded the Purple Heart with First Oak Leaf Cluster and that it be added to his DD Form 214. 

2.  The applicant states, in effect, that due to administrative error his Purple Heart and Bronze Star Medal were not added to his DD Form 214 and he was never awarded the Purple Heart with First Oak Leaf Cluster.  He should have been awarded the Purple Heart with First Oak Leaf Cluster for injuries he sustained in combat in Vietnam in 1967.  During an incoming mortar barrage, discarded charges ignited and caught fire, and he was burned when the flash of the fire entered the vehicle.  He was medically evacuated from Vietnam to Walter Reed Army Medical Center (WRAMC) in June 1967 and was eventually released on    3 July 1967.

3.  In support of his applications, the applicant provides copies of certificates for the Purple Heart and the Bronze Star Medal, orders placing him in a patient status at WRAMC and releasing him from WRAMC, and his DD Form 1252 (Owner's US Customs Declaration and Entry and Inspecting Officer's Certificate).

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 military records show he was inducted into the Army of the United States, in pay grade E-1, on 1 November 1965.  He completed basic combat and advanced individual training and was awarded military occupational specialty 13B, Field Artillery Crewman.  He served in Vietnam from 28 May 1966 to 7 March 1967, with Battery C, 2nd Battalion, 35th Artillery, and participated in two campaigns.

3.  The applicant's DA Form 20 (Enlisted Qualification Record), Item 40 (Wounds), shows "first and second degree burn on neck and shrapnel and burns l (left) thigh – 26 Nov 66."  Item 40 does not list any other wounds or dates during his service in Vietnam.  Item 41 (Awards and Decorations) lists the Purple Heart, 1966.  Item 41 does not list the Purple Heart with First Oak Leaf Cluster or the Bronze Star Medal.  

4.  General Orders Number 6568, dated 30 November 1966, were issued awarding the applicant the Purple Heart for wounds received in connection with military operations against a hostile force in Vietnam on 25 November 1966.

5.  The applicant submits a copy of a certificate, dated 30 November 1966, showing award of the Purple Heart for wounds received in action on 25 November 1966 in the Republic of Vietnam.  

6.  The applicant's DA Form 20, Item 38 (Record of Assignments), shows he was reassigned as a patient to WRAMC on 7 March 1967.  The applicant submitted a copy of the orders assigning him to and releasing him from WRAMC.

7.  General Orders Number 3871, dated 28 May 1967, were issued awarding the applicant the Bronze Star Medal with "V" Device for heroism in connection with military operations against a hostile force in Vietnam on 25 November 1966.

8.  The applicant also submits a copy of a certificate, dated 30 May 1967, showing award of the Bronze Star Medal for heroism in ground combat on 25 November 1966 in the Republic of Vietnam.
9.  A Standard Form 502 (Clinical Record – Narrative Summary), dated 27 June 1967, summarized that the applicant had sustained 8 percent first and second degree burns to both arms, face, anterior neck, and ears bilaterally in Vietnam on 2 March 1967 when a 155mm Howitzer exploded spraying him with burning powder fragments.  In addition he suffered multiple fragment wounds in the neck, chest, and right arm with fragments in both conjunctivas.  He was medically evacuated to the 12th Evacuation Hospital and then to WRAMC for treatment.  Line of duty: Yes.  He was returned to duty on 19 June 1967.

10.  There is no indication in the applicant's service records that he was awarded the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his unit commander for award of the Good Conduct Medal.  His conduct and efficiency were rated as "excellent" throughout his service.

11.  The applicant was honorably released from active duty, in pay grade E-4 on 31 October 1967, at the expiration of his term of service.  He was transferred to the U.S. Army Reserve Control Group (Annual Training).  

12.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 does not list the Purple Heart, the Purple Heart with First Oak Leaf Cluster or the Bronze Star Medal.  

13.  The Vietnam Casualty Roster shows the applicant was wounded on 25 November 1966 and the casualty status code was "23."  The list also shows he was wounded on 2 March 1967 and the casualty code was "23."  This code indicates the status "hostile wounded in action, not serious, hospitalized."  

14.  A review of the Awards and Decorations Computer Assisted Retrieval System of the records of the applicant's units for the timeframe the applicant served in Vietnam was conducted.  This review failed to show any orders were published authorizing award of the Purple Heart with First Oak Leaf Cluster pertaining to the applicant.  

15.  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 by military personnel, and the medical treatment must have been made a matter of official record.  A Purple Heart is authorized for the first wound suffered under the above conditions, but for each subsequent award an oak leaf cluster will be awarded.

16.  Army Regulation 600-8-22 further provides that the Good Conduct Medal 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.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  

17.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that his unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period from 12 July 1965 to 16 October 1968, by Headquarters, Department of the Army General Orders Number 21, dated 1969.

18.  Army Regulation 600-8-22 also authorizes a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal, including the Vietnam Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  General orders show the applicant was awarded the Purple Heart for wounds received in action on 25 November 1966 and the Bronze Star Medal with "V" Device for heroism in connection with military operations against a hostile force on 25 November 1966.  When he was released from active duty, the Purple Heart and the Bronze Star Medal with "V" Device were not added to his DD Form 214.  Therefore, he is entitled to have the Purple Heart and the Bronze Star Medal with "V" Device added to his DD Form 214 at this time.

2.  The applicant contends that he should have been awarded the Purple Heart with First Oak Leaf Cluster for injuries he sustained in combat in 1967.  The evidence shows the applicant was also wounded in action in Vietnam on 2 March 1967, medically evacuated to the 12th Evacuation Hospital, and reassigned in a patient status to WRAMC.  Despite the lack of general orders awarding the applicant the Purple Heart with First Oak Leaf Cluster, the evidence shows he is qualified for award of the Purple Heart with First Oak Leaf Cluster.  He is therefore entitled to have the Purple Heart with First Oak Leaf Cluster awarded to him and to have this award shown on his DD Form 214.

3.  The evidence of record shows that the applicant completed a qualifying period of service for award of the Good Conduct Medal.  There is no evidence his commander ever disqualified him from receiving the award and no evidence of any misconduct which would justify denying him the award and his conduct and 
efficiency were rated as "excellent" throughout his service.  In view of the foregoing, it is concluded that the applicant met the basic qualifications for award of the Army Good Conduct Medal and it would be appropriate to award him the first award for the period 1 November 1965 to 31 October 1967 and to add it to his DD Form 214.

4.  General orders authorized the applicant’s unit award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his tenure of assignment in Vietnam.  This unit award is not shown on his DD Form 214.  Therefore, he is entitled to have his DD Form 214 corrected to show this unit award.

5.  Evidence of record shows the applicant participated in two campaigns during his service in Vietnam.  He is therefore further entitled to award of two bronze service stars to be affixed to his already-awarded Vietnam Service Medal and to add them to his DD Form 214 at this time.

6.  In view of the foregoing, the applicant’s records should be corrected 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 the applicant the Purple Heart with First Oak Leaf Cluster for wounds received in action in Vietnam on 2 March 1967 and adding this award to his DD Form 214;

	b.  adding to Item 24 of the applicant's DD Form 214 the Bronze Star Medal with "V" Device;


	c.  awarding the applicant the Army Good Conduct Medal (first award) for the period 1 November 1965 to 31 October 1967, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and two bronze service stars to be affixed to his already-awarded Vietnam Service Medal; and 
   
   d.  providing him a corrected DD Form 214 that includes 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)                                         AR20090005911





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ABCMR Record of Proceedings (cont)                                         AR20090005911



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