IN THE CASE OF:	

		BOARD DATE:	17 September 2009   

		DOCKET NUMBER:  AR20090007464 


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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show award of the Purple Heart.

2.  The applicant states that he was wounded in action and was presented a Purple Heart while in the hospital in Yokosuka, Japan but it is not annotated on his DD Form 214 

3.  The applicant submitted no additional 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 records show he enlisted in the Regular Army (RA) on
21 February 1966.  

3.  Item 31 (Foreign Service) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from
13 December 1967 to 16 July 1968.  He was assigned to the 1st Battalion, 502nd Infantry Regiment, 101st Airborne Division.

4.  Item 40 (Wounds) of his DA Form 20 shows that he was treated, on
5 February 1968, for a fragmentation wound to his right leg.

5.  The applicant's name is listed on the Vietnam Casualty Roster under casualty status 23, which refers to "hostile wounded in action – not serious – hospitalized" with a date of casualty of 5 February 1968.

6.  On 22 December 1969, the applicant was released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Standby) to complete his remaining Reserve obligation.  He completed a total of 3 years,
10 months, and 2 days of net active service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the National Defense Service Medal, RVN Campaign Medal, Parachutist Badge, Vietnam Service Medal, 2 Overseas Service Bars, Sharpshooter Marksmanship Qualification Badge with Pistol Bar (45mm), Expert Marksmanship Qualification Badge with Machinegun Bar (M-60), Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).  Item 38 (Record of Assignments) of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his enlistment.

7.  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.

8.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal is awarded to individuals who have completed 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.  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 are not disqualifying.  Service and efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 are not disqualifying.
9.  Appendix B of Army Regulation 600-8-22 lists the campaigns for the Vietnam Conflict.  Based on the applicant's period of service in Vietnam, he participated in the Vietnam Counteroffensive Phase III (1 June 1967 – 29 January 1968); Tet 
Counteroffensive (30 January 1967 – 1 April 1968); Vietnam Counteroffensive Phase IV (2 April 1968 – 30 June 1968), and Vietnam Counteroffensive Phase V (1 July 1968 – 1 November 1968) campaigns.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

10.  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 pamphlet 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 20 July 1965 to 28 March 1973, by Department of the Army General Orders Number 8, dated 1974; and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 18 March 1968 to 
2 May 1970, by Department of the Army General Orders Number 48, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows the applicant was wounded in action on 5 February 1968, while serving in the RVN.  Therefore, his record should be corrected to show award of the Purple Heart.

2.  The available evidence confirms that the applicant served in the RA from
21 February 1966 to 22 December 1969.  His records show that he received "excellent" conduct and efficiency ratings throughout his tenure of service.  There is also no evidence of any derogatory information that would have disqualified the applicant for award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award the applicant the Army Good Conduct Medal (1st award) and correct his DD Form 214 to show this medal.

3.  Records show that the applicant participated four campaigns during his service in the Republic of Vietnam.  Therefore, he is eligible for award of four bronze service stars to be worn on his already-awarded Vietnam Service Medal.

4.  General orders show the 2nd Battalion, 502nd Infantry Regiment, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while the applicant was assigned to this unit.  Therefore, he is entitled to correction of his records to show these unit awards.


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 be corrected by:

	a.  deleting from item 24 of the applicant's DD Form 214 the Vietnam Service Medal;

	b.  awarding the applicant the Army Good Conduct Medal (1st award) for exemplary service from 1 April 1966 to 31 March 1969;

	c.  awarding him the Purple Heart for wounds sustained on 5 February 1968; and

	d.  adding to item 24 of the applicant's DD Form 214 the Purple Heart, Army Good Conduct Medal (1st award), Vietnam Service Medal with four bronze service stars, RVN Gallantry Cross with Palm Unit Citation, and RVN Civil Actions Honor Medal First Class Unit Citation.



      _____________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)                                         AR20090007464



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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