BOARD DATE:	  22 October 2009

		DOCKET NUMBER:  AR20090008055 


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 award of the Purple Heart.

2.  The applicant states he was wounded, but did not receive the Purple Heart.  He does not remember the exact date, but it was late in his Vietnam tour of duty.

3.  The applicant provides no substantiating documents.

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 inducted into the Army of the United States on 25 March 1964; completed training as a light weapons infantryman in military occupational specialty 11B; and was posted to Fort Carson, Colorado, for approximately a year and then via Fort Benning, Georgia, to the Republic of Vietnam (RVN).

3.  He served in Vietnam from on or about 17 September 1965 through on or about 21 March 1966.  His principle duty was as a light weapons infantryman with Company B, 2nd Battalion, 7th Cavalry Regiment, 1st Cavalry Division.

4.  An official message, dated 26 January 1966, from the Commanding General, U.S. Army, Vietnam, to the Department of the Army Casualty Branch stated that the applicant had sustained a gunshot wound to the left side of his neck.  Hostile fire was encountered while he was on a sweep operation.  He was transferred to the 85th Evacuation Hospital and held for further treatment.

5.  The applicant returned to the United States and he was released from active duty on 22 March 1966 in pay grade E-4 and transferred to the U.S. Army Reserve (Annual Training) with an honorable characterization of service.

6.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not list the Purple Heart in item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized).  It lists only the Expert Marksmanship Qualification Badge with Rifle and Machinegun Bars, the Vietnam Service Medal, and the Combat Infantryman Badge.

7.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) is blank.  It does not list the Purple Heart in item 41 (Awards and Decorations).  It lists only those awards shown on his DD Form 214.

8.  The DA Form 20 does show in item 38 (Record of Assignments) that the applicant's conduct and efficiency ratings were exclusively "excellent."  There is no indication of any indiscipline during his active duty service.

9.  The applicant is listed on the Vietnam casualty roster as hospitalized as the result of a wound sustained in action by hostile fire.

10.  The following information is also pertinent to the applicant's awards:

	a.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained in action against an enemy or 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.

	b.  Army Regulation 600-8-22 also provides for award of the Vietnam Service Medal.  This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. 
Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  Qualifying campaign periods for service stars include the Vietnam Defense Campaign from 8 March 1965 through 24 December 1965 and the Vietnamese Counteroffensive from 25 December 1965 through 30 June 1966.  During the applicant's tour in Vietnam he participated in those two campaigns.

	c.  Army Regulation 600-8-22 also provides, in pertinent part, for award of the Vietnam Campaign Medal correctly known as the Republic of Vietnam Campaign Medal with Device (1960).  This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.

	d.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the Army Good Conduct Medal is awarded to individuals who have completed a qualified 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.

	e.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 2nd Battalion, 7th Cavalry Regiment, was awarded the Presidential Unit Citation for the period  23 October 1965 through 26 November 1965 by Department of the Army General Order (DAGO) Number 40 of 1967 and the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 14 through 16 November 1965 by DAGO Number 21 of 1969.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states he was wounded, but did not receive the Purple Heart.  He does not remember the exact date, but it was late in his Vietnam tour of duty.

2.  The applicant was hospitalized and treated for a wound sustained in action against the enemy on 26 January 1966.  He should be awarded the Purple Heart.

3.  During his tour of duty in Vietnam the applicant participated in two campaign periods and is authorized two bronze service stars for wear on the Vietnam Service Medal.

4.  The applicant qualified for and should be authorized the Republic of Vietnam Campaign Medal with Device (1960).

5.  The applicant distinguished himself by his exclusively "excellent" conduct and efficiency ratings and his offense-free record.  He should be awarded the Army Good Conduct Medal.

6.  During his Vietnam tour the applicant's unit was awarded the Presidential Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  He is authorized these unit awards.

7.  The above awards should be added to his DD Form 214.

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 for a wound sustained in action on 26 January 1966 and the Army Good Conduct Medal for the period 25 March 1964 through 22 March 1966; and

	b.  by showing that in addition to the awards already listed on his DD Form 214, he is authorized the Purple Heart, the Army Good Conduct Medal, two bronze service stars for wear on the Vietnam Service Medal, the Republic of 

Vietnam Campaign Medal with Device (1960), the Presidential Unit Citation, and the Republic of Vietnam Gallantry Cross with Palm 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)                                         AR20090008055



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ABCMR Record of Proceedings (cont)                                         AR20090008055



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