IN THE CASE OF:	  

		BOARD DATE:	  22 December 2009

		DOCKET NUMBER:  AR20090012308 


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, in effect, that two awards of the Purple Heart (PH) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states, in effect, that his DD Form 214 does not reflect two awards of the PH he received.  He claims his medical records clearly show he was twice wounded while serving in the Republic of Vietnam (RVN). 

3.  The applicant provides the eight attachments (extracts from his Official Military Personnel File (OMPF)) identified in his ACTS Online application 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 record shows that he enlisted in the Regular Army on           14 February 1966 and that he was trained in, awarded, and served in military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  Item 31 (Foreign Service) of the applicant’s DA Form 20 (Enlisted Qualification Record) shows he served in the RVN from 1 October 1966 to 
30 September 1967.  Item 38 (Record of Assignments) shows that during his RVN tour he was assigned to Headquarters and Headquarters Company, 
502nd Infantry Regiment.  Item 38 further shows that he received "excellent" conduct and efficiency ratings at each of his active duty assignments.

4.  Item 40 (Wounds) of the applicant's DA Form 20 contains entries showing the applicant sustained wound to his right foot on 27 June 1967 and a wound to his left side on 1 August 1967.  Item 41 (Awards and Decorations) shows he earned the Sharpshooter Marksmanship Qualification Badge with Rifle (M14) Bar, Parachutist Badge, Vietnam Service Medal (VSM), National Defense Service Medal (NDSM), RVN Campaign Medal (RVNCM), and the Combat Infantryman Badge (CIB).

5.  The applicant’s OMPF contains an electronic message Date Time Group 161751OCT69, in which medical records pertaining to the applicant's wounding in June 1967 and in August 1967, in the RVN, are requested.  It also contains a Standard Form (SF) 89 (Report of Medical History), dated 8 January 1969, which was prepared in conjunction with his separation physical examination.  Item 39 (Physician’s Summary and Elaboration of All Pertinent Data) contains two entries which show the applicant sustained a fragment wound in June 1967 and a gunshot wound in July or August 1967.

6.  The applicant's OMPF is void of any derogatory information or a unit commander disqualification that would have precluded him from receiving the Army Good Conduct Medal (AGCM).  It also contains Headquarters, 1st Brigade, 101st Airborne Division, General Orders (GO) Number (#) 1822, dated                7 February 1967, which awarded him the Army Commendation Medal (ARCOM) for meritorious service during the period 18 May through 5 September 1967.

7.  On 13 February 1969, the applicant was honorably released from active duty (REFRAD) after completing a total of 3 years of active military service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued at the time shows he earned the following awards during his active duty tenure:  NDSM, VSM, CIB, Parachutist Badge, and RVNCM.  

8.  During the processing of this case, a member of the Board’s staff reviewed the Department of the Army (DA) Vietnam Casualty Roster.  There is one entry pertaining to the applicant on this roster, which indicates he was wounded in action in the RVN on 27 June 1967.

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 2-8 contains the regulatory guidance pertaining to awarding the PH.  It states, in pertinent part, that the PH is awarded to any member who has been wounded or killed in action. A wound is defined as an injury to any part of the body from an outside force or agent sustained under conditions defined by this regulation.   An Oak Leaf Cluster is used to denote second and succeeding PH awards.

10.  Paragraph 2-13 of the awards regulation contains guidance on award of the VSM and states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN.  Table B-1 contains a list of campaigns and shows that during the applicant’s tenure of assignment in the RVN, participation credit was granted for the Vietnam Counteroffensive Phase II and Vietnam Counteroffensive Phase III campaigns.

11.  Chapter 4 of the awards regulation prescribes the policy for award of the AGCM.  It states, in pertinent part, that the AGCM 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 military service, in which case, a period of more than 1 year is a qualifying period. Although there is no automatic entitlement to the AGCM, disqualification must be justified.

12.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It confirms that during the applicant’s tenure of assignment in the RVN, his unit (502nd Infantry Regiment) earned the RVN Gallantry Cross (RVNGC) with Palm Unit Citation, and RVN Civil Actions Honor Medal (RVNCAHM) First Class Unit Citation.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he was twice wounded in action while serving in the RVN was carefully considered and found to have merit.  

2.  The applicant's OMPF contains an electronic message and SF 89 which indicate the applicant was twice wounded in action in the RVN, in June and August 1967, which corroborates the entries in item 40 of his DA Form 20.  The applicant’s 27 June 1967 wounding is also confirmed by an entry contained on the Vietnam Casualty Roster, the official DA list of RVN casualties.  As a result, there is sufficient evidence to support awarding the applicant the PH for being wounded in action in the RVN on 27 June 1967, and the PH 1st Oak Leaf Cluster for being wounded in action in the RVN on 1 August 1967, and by adding these awards to his DD Form 214 at this time.  

3.  Further, the evidence of record confirms the applicant was awarded the ARCOM for meritorious service during the period 18 May through 5 September 1967, as evidenced by orders on file in his OMPF.  Accordingly, the ARCOM should be added to his DD Form 214 at this time.

4.  The applicant's record also confirms that he received "excellent" conduct and efficiency ratings at all of his active duty assignments.  Further, the record is void of any derogatory information or a unit commander disqualification that would have precluded him from receiving the AGCM.  As a result, it would be appropriate to award him the first award of the AGCM for his qualifying period of honorable active duty service from 14 February 1966 to 13 February 1969, and to add this award to his DD Form 214 at this time.

5.  The evidence of record also confirms that based on his service and campaign participation in the RVN, the applicant is eligible for the RVNGC with Palm Unit Citation, RVN Civil Actions Honor Medal First Class Unit Citation, and 2 bronze service stars to be worn with his already-awarded VSM.  In addition, his record confirms he received the Sharpshooter Marksmanship Qualification Badge with Rifle (M14) Bar, which was not included in the list of awards contained on his DD Form 214.  Therefore, it would also be appropriate to add these awards to his record and DD Form 214 at this time

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 him the Purple Heart for being wounded in action in the RVN on 27 June 1967, the Purple Heart 1st Oak Leaf Cluster for being wounded in action in the RVN on 1 August 1967, and the Army Good Conduct Medal, for his qualifying period of honorable active duty service from 14 February 1966 to
13 February 1969;

	b.  amending item 24 of the DD Form 214 by adding the Purple Heart 1st Oak Leaf Cluster (2nd Award), Army Commendation Medal, Army Good Conduct Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, 2 bronze service stars with the Vietnam Service Medal, and Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar; and

	c.  providing him a correction to his DD Form 214 that reflects these changes. 




      _______ _   _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)                                         AR20090012308



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ABCMR Record of Proceedings (cont)                                         AR20090012308



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