IN THE CASE OF:	

		BOARD DATE:	3 September 2009  

		DOCKET NUMBER:  AR20090007102 


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 that he be awarded the Purple Heart.

2.  The applicant states that he was wounded in action in Vietnam on 15 September 1968.  He goes on to state that it was a flesh wound on the left hip and that he elected not to be evacuated because there were too many killed and wounded at the time and his squad needed him.  He also states that he was treated by a medic and the medic told him that he would report the wound so he could receive the Purple Heart; however, he was never awarded the Purple Heart for his wound.

3.  The applicant provides a copy of orders awarding him the Bronze Star Medal with "V" Device for heroism on 15 September 1968.

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 was born on 27 December 1942 and he enlisted in the Regular Army (RA) on 21 August 1967 for a period of 3 years.  He completed his basic training at Fort Campbell, KY and his advanced individual training (AIT) as a light weapons infantryman at Fort Dix, NJ before being transferred to Germany on
12 January 1968.

3.  He remained in Germany only 3 months before being transferred to Vietnam on 30 March 1968.  He was assigned to Company C, 2d Battalion, 60th Infantry Regiment, 9th Infantry Division until 5 October 1968 when he was transferred to Company C, 54th Infantry Regiment.  On 15 November 1968 he was transferred to the U.S. Army Depot at Qui Nhon for duty as a security guard.  He departed Vietnam on 23 March 1969 and he was transferred to Fort Rucker, AL, where he remained until 25 January 1970, when he was again transferred back to Germany.

4.  On 12 August 1970, he was honorably released from active duty (REFRAD) at Fort Dix as an early overseas returnee.  He had served 2 years, 11 months, and 22 days of total active service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) issued at the time of his REFRAD shows that the applicant was awarded the Combat Infantryman Badge, Bronze Star Medal (BSM), National Defense Service Medal, Vietnam Service Medal (VSM), the Republic of Vietnam Campaign Medal, 2 overseas service bars, and the Marksman Marksmanship Qualification Badge with Rifle Bar.

5.  On 15 October 1968, the applicant was awarded the BSM with "V" Device for heroism on 15 September 1968.  The citation for that award indicates that the applicant was wounded as he attempted to rescue a wounded comrade.  The applicant's DA Form 20 (Enlisted Qualification Record) indicates in Item 40 (Wounds) that the applicant received a gunshot wound to the left hip.  However, there is no evidence to show that he was ever awarded the Purple Heart.

6.  On 28 October 1968, orders were published awarding the applicant the BSM with "V" Device and 1st oak leaf cluster (1OLC) for heroism on 5 September 1968.

7.  On 26 November 1968, he was awarded the Air Medal for the period 16 June 1968 to 31 October 1968.  

8.  A review of his records also show that he received a "good" efficiency rating during his AIT, which was an academic rating.  However, he received "excellent" conduct and efficiency ratings throughout the remainder of his service and there is no derogatory information in his records that would serve to disqualify him for award of the Army Good Conduct Medal (AGCM).

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 by medical personnel, and the medical treatment must have been made a matter of official record.

10.  Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations.  It stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a Soldier’s conduct and efficiency ratings must have been rated as “excellent” for the entire period of qualifying service except that a service school efficiency rating based upon academic proficiency of at least "good" rendered subsequent to 11 November 1956 was not disqualifying.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in General Orders.

11.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register-Vietnam Era) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  Table 1 (Army Units in Numerical Order) of the pamphlet indicates that the applicant’s unit was subsequently awarded the Presidential Unit Citation (PUC), Meritorious Unit Commendation (MUC), Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (RVNCAHM-FC) during the period he was assigned to the unit.  Additionally, he participated in the following five campaigns while assigned to Vietnam:  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).  A bronze service star is authorized 
with this award for each Vietnam campaign a member is credited with participating in.  A silver service star is authorized in lieu of five bronze service stars.
DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he should be awarded the Purple Heart for wounds received in action in Vietnam on 15 September 1968 has been noted and found to have merit.  

2.  The citation for award of the BSM with "V" Device for heroism on 15 September 1968 clearly states that he was wounded while attempting to rescue a wounded comrade.  This coupled with the fact that his wound is documented in his personnel records is sufficient evidence to presume that he was treated for his wounds and that it was made a matter of official record.  Accordingly, he should be awarded the Purple Heart at this time.

3.  The evidence of record also shows that he was awarded the BSM with "V" Device with 1OLC and the Air Medal.  Accordingly, his DD Form 214 should be corrected to reflect these awards.

4.  After carefully examining the applicant’s record of service, it was determined that the applicant should have received the AGCM for his exemplary service from 21 August 1967 through 12 August 1970.  This conclusion is based on the fact that the record is void of any derogatory information which would preclude the applicant from being awarded the AGCM and the lack of any specific action by the applicant’s unit commander to disqualify him from receiving the award.  

5.  The applicant not receiving the AGCM was likely the result of an administrative error as opposed to it being the result of a conscious disqualification by any of the unit commanders for which he served.  Therefore, in the interest of justice, the Board determined that this error should be corrected and the applicant should receive the AGCM at this time.

6.  Additionally, the evidence of record also establishes that the applicant is entitled to awards of the PUC, MUC, RVNGC with Palm Unit Citation, RVNCAHM-FC Unit Citation, and one silver service star for wear on his already-awarded VSM.

BOARD VOTE:

____x____  ____x___  ____x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

1.  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 his DD Form 214 the Bronze Star Medal; 

   b.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal;

   c.  awarding the applicant the Purple Heart for wounds received in action in Vietnam on 15 September 1968;

   d.  awarding him the Army Good Conduct Medal for the period 21 August 1967 to 12 August 1970; and

   e.  adding to item 24 of his DD Form 214 the Bronze Star Medal with "V" Device and 1st oak leaf cluster, Vietnam Service Medal with one silver service star, Air Medal, Presidential Unit Citation, Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
   
2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      ___________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)                                         AR20090007102



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ABCMR Record of Proceedings (cont)                                         AR20090007102


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