IN THE CASE OF:	

		BOARD DATE:	 10 December 2009 

		DOCKET NUMBER:  AR20090010840 


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 has not been awarded the Purple Heart although he was recommended for it.  

3.  The applicant provides copies of his DD Form 214 (Report of Transfer or Discharge), 12 documents related to his Department of Veterans Affairs (VA) benefits entitlement, 7 documents from his service medical records, a letter written by the applicant's platoon sergeant notifying the applicant's mother that he had been wounded, 5 newspaper articles, and photocopies of 2 military identification cards.

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 enlisted in the Regular Army on 8 March 1965, completed training, and was awarded the military occupational specialty of 67N (UH-1/
AH-1G Helicopter Repairman).

3.  He served in Vietnam with the 128th Aviation Company from 30 September 1965 through 10 July 1966.

4.  On 10 July 1966 the applicant was seriously wounded in action and medically evacuated from Vietnam, first to Japan and then to the Naval Hospital, Great Lakes, IL. 

5.  Headquarters, United States Army Vietnam General Orders Number 4271, dated 29 June 1966, awarded the applicant the Air Medal (4th award) for meritorious achievement.

6.  Headquarters, 3rd Field Hospital General Orders Number 39, dated 20 July 1966, awarded the applicant the Purple Heart for wounds received on 10 July 1966.

7.  The applicant underwent a Medical Evaluation Board and Physical Evaluation Board and was found to be unfit for duty.  He was afforded a 100 percent disability evaluation and placed on the Temporary Duty Retired List.  He was subsequently permanently retired due to physical disability.

8.  The applicant was released from active duty as a specialist five (SP5)/E-5 on 5 September 1967 with 2 years, 5 months, and 28 days of service.

9.  The DD Form 214 lists his awards as the Republic of Vietnam Campaign Medal with Device (1960), the Vietnam Service Medal, the Air Medal, the Aircraft Crewman Badge, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and the National Defense Service Medal.

10.  His DA Form 20 (Enlisted Qualification Record) shows his conduct and efficiency ratings as exclusively excellent and lists his awards as the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, the Vietnam Service Medal, the Air Medal, the Republic of Vietnam Campaign Medal with Device (1960), and the National Defense Service Medal.  

11.  The applicant's VA records show he was awarded disability benefits effective the date of his separation from active duty with adjustments during the ensuing years.


12.  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 document shows that while the applicant was assigned to the 128th Aviation Company, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  

13.  Army Regulation 600-8-22 (Military Awards) provides the following pertinent information:

	a.  the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during 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.  A record of punishment is not automatically disqualifying.  At the time the applicant served, a single conduct or efficiency rating of less than excellent was disqualifying; although, a "Good" academic mark in a service school was not disqualifying.  There is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  Current practice requires that the commander provide written notice of unfavorable consideration and the individual is permitted to respond.  Non-favorable consideration was normally noted on the DA Form 20;

	b.  a bronze service star is authorized, based on qualifying service, for each designated campaign listed in Appendix B of the regulation and authorized service stars will be worn on the appropriate campaign or service medal.  A silver service star is authorized in lieu of five bronze service stars.  The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.  Based on the applicant's dates of service in Vietnam, Appendix B indicates he participated during the following three campaign periods:  the Vietnam Defense Campaign, 8 March 1965 – 24 December 1965; the Vietnam Counteroffensive, 25 December 1965 – 30 June 1966; the Counteroffensive Phase II, 1 July 1966 – 31 May 1967.

	c.  Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal.  The numeral reflects the total number of awards.







DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he was recommended for award of the Purple Heart and that he did not receive it.  

2.  The orders awarding the applicant the Purple Heart for wounds received in action on 10 July 1966 are contained in his official record; however, the Purple Heart was not recorded on his DD Form 214.  

3.  The applicant distinguished himself by his conduct, efficiency and fidelity as evidenced by his combat service, his conduct and efficiency ratings, his personal decorations, and promotion to E-5.  The record contains no indication of any disqualifying incidents or denial.  Therefore, it is appropriate to award the applicant the Good Conduct Medal for his period of service from 8 March 1965 through 5 September 1967.

4.  The applicant was awarded the Air Medal (4th award).  His DD Form 214 shows only a single award.  

5.  The applicant served in Vietnam during three campaign periods and he is authorized to wear three bronze service stars on his Vietnam Service Medal.

6.  The applicant is also authorized to wear the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

7.  Therefore, based on the above findings and facts it is appropriate to correct the DD Form 214 to show that in addition to the awards currently listed, the applicant is also authorized the Purple Heart, the Good Conduct Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, a Numeral "4" for wear on his Air Medal, and three bronze service stars for wear on his Vietnam Service Medal.

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 Good Conduct Medal for his period of service from 8 March 1965 through 5 September 1967; and

	b.  correcting the DD Form 214 to show that, in addition to the awards currently listed, the applicant is also authorized the Purple Heart, the Good Conduct Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, an Arabic Numeral "4" for wear on his Air Medal, and three bronze service stars for wear on his 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)                                         AR20090010840



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ABCMR Record of Proceedings (cont)                                         AR20090010840



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