IN THE CASE OF:	  

		BOARD DATE:	  15 October 2009

		DOCKET NUMBER:  AR20090009415 


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 records to show he was awarded the Purple Heart.

2.  The applicant states, in effect, that he was wounded in combat in Vietnam by the enemy on 23 April 1969 while serving with the 82nd Airborne.  He states that he stepped on a land mine, he was treated in Saigon and his left foot was partially amputated.  He was transferred to a hospital in Japan and then to Fort Wolters, TX. 

3.  The applicant provides no evidence in support of this 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 was inducted into the Army of the United States and entered active duty on 23 August 1968.  He completed basic and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  The applicant's records show that he served in the Republic of Vietnam during the period 6 February 1969 through 5 May 1970, and he was assigned to Company B, 1st Battalion (Airborne), 505th Infantry as a rifleman.

4.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 (Enlisted Qualification Record) shows the award of the National Defense Service Medal, the Combat Infantryman Badge, Vietnam Service Medal, Marksman Marksmanship Qualification Badge (Rifle), and the Expert Marksmanship Qualification Badge (Rifle M-16).  Item 41 does not show award of the Purple Heart.

5.  The applicant’s records contain Special Orders Number 248, dated 9 October 1968, that confirm he was awarded the Marksman Marksmanship Qualification Badge (Rifle M-14).  Special Orders Number 252, dated 15 October 1968, also confirm the applicant was awarded the Expert Marksmanship Qualification Badge (Rifle M-16).

6.  Item 24 (Decorations, Medals, Badges, Commendation, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows award of the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, and the Combat Infantryman Badge.  Item 24 does not show award of the Purple Heart.

7.  The applicant's DA Form 20, Item 40 (Wounds), shows the applicant received a traumatic amputation of his large toe to middle toe and fragment wounds on both legs and right arm on 23 April 1969.

8.  Item 38 (Record of Assignments) of his DA Form 20 shows he was treated at Medical Holding Company, 249th General Hospital and later transferred to the Medical Hold Detachment, Brooke Army Hospital, Fort Wolters.  

9.  The applicant's name appears on the Vietnam Casualty Roster as being wounded in action on 23 April 1969.




10.  There is no evidence the applicant received the first award of the Good Conduct Medal.  The applicant received conduct and efficiency ratings of "excellent" throughout the entire period of military service.  His records contain no adverse information, and there is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.

11.  Army Regulation 672-5-1, in effect at the time, provides that the 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.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows unit awards received by units serving in the Republic of Vietnam.  It shows the unit the applicant was assigned to while serving in the Republic of Vietnam was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for actions during the period
6 October 1968 through 11 November 1969 by Department of the Army General Orders Number 43, dated 1970.  The applicant’s unit was also cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for actions during the period 3 March 1969 through 30 April 1969 by Department of the Army General Orders Number 51, dated 1971.  It further shows that participation credit was granted for the Vietnam Counteroffensive Phase VI campaign during his period of assignment in the RVN.

13.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that:  (1) the wound was the result of hostile action, (2) the wound required medical treatment by medical personnel, and (3) the medical treatment was made a matter of official record.

14.  Army Regulation 600-8-22, in pertinent part, sets forth requirements for award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified.  The qualification badges are in three classes:  Expert, Sharpshooter, and Marksman. The qualification should be shown as:  Expert Marksmanship Qualification Badge with Rifle Bar or Marksman Marksmanship Qualification Badge with Automatic Rifle Bar or Sharpshooter Marksmanship Qualification Badge with Pistol Bar. 

15.  Appendix B of Army Regulation 600-8-22 states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  The applicant's served in the Republic of Vietnam during Counteroffensive Phase VI.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his records should be corrected to show award of the Purple Heart for wounds he received while serving in the Republic of Vietnam on 23 April 1969 was carefully considered and determined to have merit.

2.  The Republic of Vietnam Casualty Roster shows the applicant was wounded as a result of hostile action on 23 April 1969.  Therefore, the applicant is entitled to award of the Purple Heart and to have his records corrected to show this award.

3.  General Orders show the applicant’s unit 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.  Therefore, his records should be corrected to show these unit awards.

4.  Records show the applicant completed a period of active service from
23 August 1968 through 9 October 1969 that qualifies him for award of the Good Conduct Medal.  Therefore, it would be appropriate to correct his records to show this medal.

5.  Special Orders show the applicant was awarded the Marksman Marksmanship Qualification Badge (Rifle M-14) and the Expert Marksmanship Qualification Badge (Rifle M-16).  Therefore, it would be appropriate to correct his records to show these badges.

6.  The applicant's record shows that he was awarded the Vietnam Service Medal.  However, his DD Form 214 does not show the bronze service star to which he is entitled for campaign participation.  Therefore, his DD Form 214 should be corrected to show the bronze service star. 







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 the applicant the Purple Heart for wounds received as a result of hostile action, on 23 April 1969, while serving in the Republic of Vietnam; 
   
   b.  awarding the applicant the Good Conduct Medal (first award) for exemplary conduct, efficiency, and fidelity for the period 23 August 1968 through 9 October 1969; and
   
   c.  adding in Item 24 of his DD Form 214 the Purple Heart, the Good Conduct Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Marksman Marksmanship Qualification Badge (Rifle M-14), the Expert Marksmanship Qualification Badge (Rifle M-16) and one bronze service star to be worn on the Vietnam Service Medal.




      _______ _   _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)                                         AR20090009415



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ABCMR Record of Proceedings (cont)                                         AR20090009415



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