IN THE CASE OF:	

		BOARD DATE:	  1 April 2010

		DOCKET NUMBER:  AR20090015073 


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 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 the PH he was awarded was omitted from his DD Form 214.  He states he was awarded the PH while in the hospital in the Republic of Vietnam (RVN).

3.  The applicant provides a PH award certificate supporting 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 he enlisted in the Regular Army and entered active duty on 27 August 1968.  He was trained in and awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the RVN from 22 January 1969 through 16 May 1969.  Item 38 (Record of Assignments) shows during the periods indicated he was assigned to the following units in the duty status indicated:

	a.  3 February 1969-8 April 1969 - Company B, 5th Battalion, 12th Infantry Regiment, rifleman;

	b.  9 April 1969-15 May 1969 - 249th General Hospital, patient; and 

	c.  16 May 1969-14 July 1969 - Medical Holding Company, Ireland Army Hospital, Fort Knox, Kentucky, patient.

4.  Item 38 of his DA Form 20 shows he received no less than "excellent" conduct and efficiency ratings at all of his active duty assignments.  His record is void of derogatory information or a unit commander disqualification that would have precluded award of the Army Good Conduct Medal (AGCM).

5.  The record contains a casualty report message, dated 5 April 1969.  This document confirms the applicant was wounded in action in the RVN on 4 April 1969 while en route to a night ambush.  It also contains a Western Union Telefax, dated 6 April 1969.  The telefax notified the applicant's parents he was wounded in action.  It also shows he received fragment wounds to his left knee and right side as a result of the detonation of an enemy-placed booby trap.

6.  The record includes a DA Form 8-275-3 (Clinical Record Cover Sheet) prepared at Ireland Army Hospital on 10 July 1969 that shows the applicant was treated for multiple fragment wounds to his right thigh and left little finger.  It also shows the wounds were received as a result of a hostile forces booby trap detonation in the RVN on 4 April 1969.

7.  On 17 August 1970, the applicant was honorably released from active duty after completing 1 year, 11 months, and 21 days of active military service.  The DD Form 214 he was issued shows he earned the following awards in item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized):

* National Defense Service Medal
* Vietnam Service Medal
* Combat Infantryman Badge
* Marksman Marksmanship Qualification Badge with Rifle Bar

8.  The applicant provides a PH certificate, dated 5 April 1969, issued by the commander of the 3rd Field Hospital, RVN.  This document shows he was awarded the PH for being wounded in action in the RVN on 4 April 1969.

9.  Army Regulation 600-8-22 (Military Awards) provides the Army's awards policy.  Paragraph 2-8 provides guidance on award of the PH.  It states it is authorized for being wounded in action.  To support award of the PH the evidence must show the wound for which the award is being made was received as a result of enemy action, the wound required treatment by military medical personnel, and a record of the medical treatment must have been made a matter of official record.

10.  Paragraph 2-13 of Army Regulation 600-8-22 contains guidance on the Vietnam Service Medal.  It states a bronze service star is authorized with the award for each campaign a member is credited with participating in while serving in the RVN.

11.  Table B-1 of Army Regulation 600-8-22 contains a list of authorized campaigns and shows during the applicant's tenure of assignment in the RVN, participation credit was granted for the Vietnam Counteroffensive Phase VI (2 November 1968-22 February 1969) and the Tet 69 Counteroffensive (23 February 1969-8 June 1969) campaigns.

12.  Chapter 4 of Army Regulation 600-8-22 prescribes the policy for award of the AGCM.  It states 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 Federal 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.

13.  Paragraph 9-13 of Army Regulation 600-8-22 contains guidance on the RVN Campaign Medal.  It states it is authorized for a period of qualifying service in the RVN during the period between 1 March 1961 and 28 March 1973.  The normal qualifying period was 6 months; however, members who served less than 6 months who were wounded in action are qualified for the award.  A Device (1960) is authorized with this award.

14.  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 during his tenure of assignment in the RVN, the applicant's unit (5th Battalion, 12th Infantry Regiment) received the RVN Gallantry Cross with Palm Unit Citation and RVN Civil Actions Honor Medal First Class Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention his earned PH should be added to his DD Form 214 was carefully considered and found to have merit.

2.  The evidence of record confirms he was wounded in action in the RVN on 4 April 1969, as evidenced by a casualty report and telefax in the record.

3.  Further, the PH certificate the applicant provides confirms he was awarded the PH for these wounds at the 3rd Field Hospital in the RVN on 5 February 1969.  As a result, the PH should be added to his DD Form 214.

4.  The evidence of record also shows he had no less than "excellent" conduct and efficiency ratings at all of his active duty assignments and his record is void of derogatory information or a unit commander disqualification precluding award of the AGCM.  As a result, it would be appropriate to award him the AGCM for his qualifying honorable active duty service from 27 August 1968 through 17 August 1970 and to add this award to his record and DD Form 214.

5.  The record also shows that based on his RVN service and campaign participation, the applicant is eligible for the following awards that also should be added to his record and DD Form 214:

* RVN Campaign Medal with Device (1960)
* RVN Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* two bronze service stars with 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 awarding him the Army Good Conduct Medal for his qualifying honorable active duty service from 27 August 1968 through 17 August 1970 and amending item 24 of his DD Form 214 by deleting the Vietnam Service Medal and adding the following awards:

* Purple Heart
* Army Good Conduct Medal
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* 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)                                         AR20090015073



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ABCMR Record of Proceedings (cont)                                         AR20090015073



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