IN THE CASE OF:	

		BOARD DATE:	10 December 2009

		DOCKET NUMBER:  AR20090012248 


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, in effect, his DD Form 214 should be corrected to show award of the Purple Heart.

3.  The applicant provides no additional documentary evidence in support of his 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 was inducted into the Army of the United States and entered active duty for a period of 2 years on 4 December 1967.  Upon completion of training he was awarded military occupational specialty 13D (Field Artillery Rocket Crewman).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

	a.  Item 31 (Foreign Service) that he served in the Republic of Vietnam (RVN) from 3 May through 5 November 1968;

	b.  Item 38 (Record of Assignments) that he was assigned to Battery B,
7th Battalion, 11th Artillery, 25th Infantry Division (RVN), from 12 May to
1 September 1968.  He was then assigned in a patient status to the Medical Hold Detachment, U.S. Army Hospital [Okinawa] on 2 September 1968;

   c.  Item 40 (Wounds) that he sustained fragment wounds to his back on
27 August 1968; and

	d.  Item 41 (Awards and Decorations) that he was awarded the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, 1 Overseas Service Bar, and Sharpshooter Marksmanship Qualification Badge with (M-14 and M-16) Rifle Bars.

4.  A DA Form 8-275-3 (Clinical Record Cover Sheet), dated 29 August 1968, shows the applicant received treatment for multiple fragment wounds of the back when he was injured by mortar fragments as a result of hostile action near Tay Ninh Base Camp, RVN, at or about 2345 hours, on 27 August 1968.

5.  A review of The Adjutant General, Casualty Division's, Vietnam Casualty Roster, failed to list the applicant's name as having been wounded in action on 27 August 1968 as a result of hostile action.

6.  There are no orders or other evidence in the applicant's military personnel records that shows he was awarded the Purple Heart.  A search of the U.S. Army Human Resources Command, Awards and Decorations Computer Assisted Retrieval System, for the Vietnam Conflict also failed to produce a copy of any orders awarding the applicant the Purple Heart.

7.  The applicant's DD Form 214 shows he was honorably released from active duty on 3 December 1969 and transferred to the U.S. Army Reserve Control Group (Annual Training).  At the time he had completed 2 years of net active service, and 6 months and 3 days of foreign service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows he was awarded the National Defense Service Medal,
1 Overseas Service Bar, Sharpshooter Marksmanship Qualification Badge with (M-14 and M-16) Rifle Bars, Vietnam Service Medal with 2 bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), and Army Commendation Medal with "V" Device.

8.  A review of the applicant's military personnel records reveal that he may be authorized additional awards that are not shown on his DD Form 214.

9.  There is no evidence the applicant received the first award of the Good Conduct Medal.  The applicant's records show he received conduct and efficiency ratings of "excellent" throughout his entire period of military service and there is no evidence that the applicant's commander denied him award of the Good Conduct Medal.

10.  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 at the time of the applicant's assignment to Battery B, 7th Battalion, 11th Artillery, 25th Infantry Division (RVN), the battalion was awarded the:

   a.  Valorous Unit Award by Headquarters, Department of the Army, General Orders Number 42, dated 1969;

   b.  Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters, Department of the Army, General Orders Number 48, dated1971; and

	c.  Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Headquarters, Department of the Army, General Orders Number 51, dated 1971.

11.  Army Regulation 600-8-22 (Military Awards) currently provides policy, criteria, and administrative instructions concerning military awards and decorations.  This regulation provides that the Purple Heart is awarded for a wound sustained as a result of hostile action.  It provides that 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.




12.  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 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.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Purple Heart because he was wounded in action in the RVN.  He also contends that his DD Form 214 should be corrected to show all of the awards and decorations he is entitled to based on his military service.

2.  The applicant's DA Form 20 indicates he sustained fragment wounds to his back on 27 August 1968.  Records also show the applicant received medical treatment for his wounds in the RVN and he was transferred to Okinawa on 2 September 1968 for further medical treatment.  Therefore, based on the available evidence, it would be appropriate to correct the applicant's records to show award of the Purple Heart.

3.  The applicant served a qualifying period of active duty enlisted service for award of the Army Good Conduct Medal.  Therefore, it would be appropriate to approve this award and show it on his DD Form 214.

4.  General orders awarded the applicant's unit the Valorous Unit Award. Therefore, it would be appropriate to correct his DD Form 214 to show this unit award.

5.  General orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, it would be appropriate to correct his DD Form 214 to show this foreign unit award.

6.  General orders awarded the applicant's unit the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, it would be appropriate to correct his DD Form 214 to show this foreign unit 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 all Department of the Army records of the individual concerned be corrected by:

	a.  awarding the applicant the Purple Heart for wounds received in action in the Republic of Vietnam on 27 August 1968;

   b.  awarding the applicant the Good Conduct Medal for exemplary conduct, efficiency, and fidelity for the period 4 December 1967 to 3 December 1969; and

   c.  adding to item 24 of his DD Form 214 the Purple Heart, Good Conduct Medal, Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class 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)                                         AR20090012248



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ABCMR Record of Proceedings (cont)                                         AR20090012248



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