BOARD DATE:	  15 October 2009

		DOCKET NUMBER:  AR20090009316 


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

2.  The applicant states that the Purple Heart is not listed on his DD Form 214 and that as he was leaving the Republic of Vietnam, he was told he would get monthly disability pay for the gunshot wound; however, he declined and asked for it to be taken off as his injury involved only shrapnel.  He now would like his records corrected to show this award. 

3.  The applicant provides a copy of his DD Form 214, dated 13 February 1968; a copy of page 4 of his DA Form 20 (Enlisted Qualification Record); and a copy of his DA Form 1577 (Authorization for Issuance of Awards), dated 13 March 1992, in support of his request.

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 was inducted into the Army of the United States on 14 February 1966.  He completed basic combat and advanced individual training and was awarded military occupational specialty 11C (Infantry Indirect Fire Crewmember).  He was honorably released from active duty on 14 October 1968 in the rank/grade of sergeant/E-5 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining Reserve obligation.

3.  The applicant's records show that he served in the Republic of Vietnam from on or about 10 July 1966 to 8 July 1967.  He was assigned to Company D, 2nd Battalion, 12th Cavalry Regiment, 1st Cavalry Division.

4.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the Vietnam Service Medal with 1 bronze service star, the Air Medal, the Marksman Marksmanship Qualification Badge with Rifle Bar, the Republic of Vietnam Campaign Medal, the Combat Infantryman Badge, the National Defense Service Medal, and the First Class Gunner Marksmanship Qualification Badge with Mortar Bar (81 mm).  Item 24 does not show award of the Purple Heart.

5.  Item 40 (Wounds) of the applicant’s DA Form 20 shows the entry "G.S.W. R. Hand" indicating that he suffered a gunshot wound to his right hand.  The date of injury is listed as 27 January 1967.  Additionally, the entry is lined through with a straight line.  

6.  The applicant's name is shown on the Vietnam casualty roster under code "24" indicating he was wounded in action and his wound required hospitalization. The date of his injury is listed as 27 January 1967.

7.  The applicant's records contain a Department of the Army message, dated 29 January 1967, stating that the applicant suffered a gunshot wound to his hand during an air assault operation at a landing zone in the Republic of Vietnam on 27 January 1967.  He was treated at the 85th Evacuation Hospital and held there for further treatment. 

8.  The applicant's records also contain a Western Union Telegram, dated 29 January 1967, informing the applicant's parents that he was slightly wounded in the Republic of Vietnam on 27 January 1967 as a result of hostile action.  He sustained a gunshot wound to his right hand while at a landing zone during an air assault mission when a hostile force was engaged using small arms fire.  He was treated at the 85th Evacuation Hospital and was held there for further treatment. 

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while 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.

10.  Review of the applicant's records indicates his entitlement to additional awards and decorations that are not shown on his DD Form 214.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during the time of the applicant's assignment to the 2nd Battalion, 12th Cavalry Regiment, the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 9 August 1965 to 9 May 1969 based on Department of the Army General Orders 59, dated 1969.

12.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows the applicant participated in the Vietnam Counteroffensive Phase II campaign from 1 July 1966 to 31 May 1967 and the Vietnam Counteroffensive, Phase III campaign from 1 June 1967 to 29 January 1968.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

13.  A review of the applicant's service record shows no derogatory information that would disqualify him for the first award of the Good Conduct Medal.  Furthermore, Item 38 (Record of Assignments) of his DA Form 20 shows he received "Excellent" conduct and efficiency ratings throughout his military service.

14.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the 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.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Purple Heart.

2.  The evidence of record shows the applicant sustained a gunshot wound to his right hand as a result of hostile action, on 27 January 1867, in the Republic of Vietnam; that he was treated by military medical personnel; and that his treatment was made a matter of official record.  Additionally, his name appears on the Vietnam casualty roster as having been wounded as a result of hostile action on 27 January 1967.  Therefore, there is sufficient evidence to show he is entitled to award of the Purple Heart and correction of his records to show this award.

3.  General orders awarded the applicant’s unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not shown on his records; therefore, he is entitled to correction of his records to show this unit award.

4.  The evidence of record shows the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in two campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to 
2 bronze service stars to be affixed to his already awarded Vietnam Service Medal.

5.  The evidence of record confirms that the applicant served honorably during the period 14 February 1966 through 13 February 1968.  He completed a combat tour in the Republic of Vietnam, received "Excellent" conduct and efficiency ratings throughout his military service, attained the rank/grade of SGT/E-5, and was awarded the Purple Heart.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant the first award of the Good Conduct Medal based on completion of a qualifying period of Federal military service.  Therefore, he is entitled to correction of his records to show this award.

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 the DD Form 214 of the individual concerned be corrected by:

	a.  awarding the applicant the Purple Heart for wounds received in action on 27 January 1967 in the Republic of Vietnam;

	b.  awarding the applicant the Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 14 February 1966 through 13 February 1968; 

	c.  deleting the Vietnam Service Medal with 1 bronze service star; and

	d.  adding to his DD Form 214 the Purple Heart, the Good Conduct Medal (1st Award), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Vietnam Service Medal with 2 bronze service stars.



      _______ _   __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)                                         AR20090009316



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ABCMR Record of Proceedings (cont)                                         AR20090009316



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