IN THE CASE OF:	  

		BOARD DATE:	  17 November 2009

		DOCKET NUMBER:  AR20090010523 


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 for wounds received while serving in the Republic of Vietnam.

2.  The applicant states that he suffered an injury to his left calf from a punji stick and was hospitalized in Cam Ranh Bay [Vietnam] for 2 days and then evacuated to the hospital at Camp Zama, Japan.  He contends, in effect, that both hospitals presented him with a Purple Heart but neither is shown on his DD Form 214.

3.  The applicant provides, in support of his application, copies of his DD Form 214, a Certificate of Achievement, and a citation for award of the Air Medal.  

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.  On 25 April 1966, the applicant was inducted into the Army of the United States for 2 years.  He completed his initial training and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  Special Orders Number 160, United States Army Training Center, Fort Leonard Wood, MO, dated 9 June 1966, awarded the applicant the Marksman Marksmanship Qualification Badge with Rifle [M-14] Bar.

4.  Special Orders Number 218, Headquarters, Fort Polk, LA, dated 23 August 1966, awarded the applicant the Marksman Marksmanship Qualification Badge with Rifle [M-16] Bar.

5.  Special Orders Number 225, Headquarters, Fort Polk, dated 30 August 1966, awarded the applicant the Marksman Marksmanship Qualification Badge with Machinegun Bar.

6.  On 24 September 1966, the applicant departed Fort Polk for duty in the Republic of Vietnam.

7.  On 7 November 1966, the applicant was assigned for duty as an infantryman with A Company, 1st Battalion, 12th Cavalry Regiment, 1st Cavalry Division.  On 4 December 1966, he was reassigned to Headquarters and Headquarters Company of the same battalion.  On 28 January 1967, the applicant was reassigned to D Company of the same battalion.

8.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) indicates that he was wounded in action on 2 July 1967 by a punji stick to his left leg.  It does not show any other wounds.  Block 41 (Awards and Decorations) of his DA Form 20 shows award of the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, and Air Medal.  Block 38 (Record of Assignments) shows he received all “excellent” conduct and efficiency ratings during his tenure of service.

9.  On 27 October 1967, the applicant returned to the United States for duty at Fort Carson, CO.

10.  On 24 April 1968, the applicant was released from active duty by reason of expiration of term of service and he was transferred to the U.S. Army Reserve 
(USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.  He had attained the rank/grade of specialist four (SP4)/E-4 and he had completed 2 years of creditable active duty service.

11.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as the National Defense Service Medal, Vietnam Service Medal with bronze service star, [Republic of ] Vietnam Campaign Medal [with Device (1960)], and the Air Medal.  It does not show award of the Purple Heart.

12.  The applicant’s name is listed on the Vietnam Casualty Roster under code 23 (hostile wounded in action – not serious – hospitalized) for wounds received on 2 July 1967.  It does not report him as wounded in action on any other date.

13.  Army Regulation 600-8-22 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.

14.  Army Regulation 600-200 (Enlisted Personnel Management System), in effect at the time, provided instructions for the completion of the DA Form 20.   Paragraph 9-53 specified entry in Item 40 (Wounds) of a brief description of wounds or injuries (including injury from gas) received through hostile or enemy action requiring medical treatment and/or hospitalization.   The date wounded or injured was also to be entered.

15.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who had 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.  

16.  Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the following two campaign periods:  the Vietnam Counteroffensive, Phase II (1 July 1966 – 31 May 1967) and the Vietnam Counteroffensive, Phase III (1 June 1967 - 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.

17.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the 
Republic of Vietnam.  This publication shows that the 1st Battalion, 12th Cavalry Regiment, during the time of the applicant's assignment, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders (DAGO) Number 56, dated 1969.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he was presented the Purple Heart on two occasions for his injury from a punji stick while serving in the Republic of Vietnam.

2.  Records show that the applicant was wounded as a result of hostile forces as corroborated by the appropriate entry on his DA Form 20 and verification of his name on the Vietnam Casualty Roster as being wounded in action on 2 July 1967.  Therefore, he is entitled to award of one Purple Heart and correction of his records to show this award.

3.  The applicant’s records clearly show that he distinguished himself in the performance of his military service.  Therefore, it is presumed that his not receiving an Army Good Conduct Medal for his service was an oversight.  Accordingly, he should be awarded the Army Good Conduct Medal (first award) and his records should be corrected to show this medal.

4.  Records show that the applicant participated in two campaign phases during his service in the Republic of Vietnam.  Therefore, he is eligible for award of two bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

5.  Records show that the applicant's unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his records should be corrected to show this foreign unit award.

6.  Records show the applicant qualified as a marksman with his rifle and machinegun.  Therefore his records should be corrected to show award of the Marksman Marksmanship Qualification Badge with Rifle and Machinegun Bars.




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.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal with one bronze service star;

	b.  awarding him the Purple Heart for wounds received as a result of hostile action on 2 July 1967;

	c.  awarding him the Army Good Conduct Medal (first award) for the period
from 25 April 1966 to 24 April 1968; and

	d.  adding to item 24 of his DD Form 214 the Purple Heart, Army Good Conduct Medal, Vietnam Service Medal with two bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge, and the Marksman Marksmanship Qualification Badge with Rifle and Machinegun Bars.



      __________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)                                         AR20090010523



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ABCMR Record of Proceedings (cont)                                         AR20090010523



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