IN THE CASE OF:	  

		BOARD DATE:	       14 OCTOBER 2009

		DOCKET NUMBER:  AR20090007291 


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 two awards of the Purple Heart (PH) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  

2.  The applicant states, in effect, he was awarded the PH for being wounded in action on or about 10 September 1967, and a second PH for being wounded in action on or about 11 November 1967.   

3.  The applicant provides his DD Form 214 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 that he was inducted into the Army and entered active duty on 2 November 1966 and was trained in and awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 18 April through 19 November 1967.  Item 38 (Record of Assignments) shows that during his RVN tour he was assigned to Company B, 3rd Battalion, 21st Infantry Regiment, performing duties in MOS 11B as an assistant gunner.  

4.  Item 38 of the applicant's DA Form 20 also shows that he entered a patient status on 12 November 1967 and was medically evacuated to Walter Reed Army Medical Center (WRAMC), Washington D.C. on 19 November 1967.  It further shows he received "excellent" conduct and efficiency ratings at all of his active duty assignments.  

5.  Item 40 (Wounds) of the applicant's DA Form 20 contains two entries confirming he was twice wounded in action in the RVN.  The first entry shows he received a fragmentation wound to his upper back on 10 September 1967, and the second entry shows he sustained multiple gunshot wounds to his arm and abdomen on 11 November 1967. 

6.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows he earned the National Defense Service Medal (NDSM), Vietnam Service Medal (VSM), RVN Campaign Medal, Combat Infantryman Badge (CIB), Expert Marksmanship Qualification Badge with Rifle (M-14) Bar, and Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) Bar.  

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

8.  The applicant's OMPF includes 2nd Surgical Hospital General Orders Number 87, dated 11 September 1967, which awarded the applicant the PH for being wounded in action in the RVN on 10 September 1967.  

9.  On 1 November 1968, the applicant was honorably released from active duty (REFRAD), in the rank of specialist four, after completing 2 years 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 RVN Campaign Medal, NDSM, VSM, CIB, and Expert Badge (Rifle).  

10.  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 10 September 1967.   

11.  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.

12.  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.  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 Phase II (1 July 1966 - 31 May 1967) and  Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968). 

13.  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.  

14.  Department of the Army General Order Number 8, dated in 1974, authorized the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all personnel assigned to the RVN from 8 February 1962 through 28 March 1973. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's record confirms he was twice wounded in action in the RVN, first on 10 September 1967 and again on 11 November 1967, as evidenced by entries in item 40 of his DA Form 20.  


2.  Further, the applicant's record contains orders awarding him the PH for the 
10 September 1967 wounding.  His wounding of 11 November 1967 is further evidenced by the entries regarding his entry into a patient status on 
12 November 1967, and his medical evacuation to WRAMC on 19 November 1967.  As a result, it would be appropriate to award him the PH for being wounded in action in the RVN on 11 November 1967 and by documenting both of his awards of the PH by adding the entry PH 1st Oak Leaf Cluster (2nd Award) to item 24 of his DD Form 214.

3.  The applicant's record confirms that he received "excellent" conduct and 
efficiency ratings at all of his active duty assignments.  Further, the record is void 
of any derogatory information or a unit commander disqualification that would have precluded him from being awarded the AGCM.  Therefore, it would be appropriate to award him the AGCM for his qualifying period of honorable active duty service from 2 November 1966 through 1 November 1968 and to add this award to his record and DD Form 214 at this time. 

4.  The evidence of record also shows that the applicant earned the Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) Bar, which was omitted from the list of awards contained on his DD Form 214.  It also confirms that based on his RVN service and campaign participation he is eligible for the RVN Gallantry Cross with Palm Unit Citation and 2 bronze service stars 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. awarding him the Purple Heart 1st Oak Leaf Cluster for being wounded in action in the RVN on 11 November 1967;

	b.  awarding him the Army Good Conduct Medal for his qualifying period of honorable active duty service from 2 November 1966 through 1 November 1968; 

	c.  amending item 24 of his DD Form 214 by deleting the current list of awards and replacing it with the entry "Purple Heart (2nd Award), Army Good Conduct Medal, Vietnam Service Medal with 2 bronze service stars, Republic of Vietnam Campaign Medal with Device 1960, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Combat Infantryman Badge, Expert Marksmanship Qualification Badge with Rifle (M-14) Bar, and Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) Bar"; and 

	d.  providing him a correction to his DD Form 214 that includes these changes. 



      _______ _   _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)                                         AR20090007291



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090007291



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1