IN THE CASE OF:	

		BOARD DATE:	  23 March 2010

		DOCKET NUMBER:  AR20090017144 


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, correction of his DD Form 214 (Report of Transfer or Discharge) to show award of the Purple Heart.

2.  The applicant states that he received a shrapnel injury to his left leg and left foot on 12 May 1968.  He contends that he was awarded the Purple Heart while in the hospital. 

3.  The applicant provides a letter, dated 31 August 2009, from the National Personnel Records Center, St. Louis, Missouri; documentation, dated 16 April 1969, from the Veterans Administration; an eyewitness statement, dated 
4 September 2009, from a fellow Soldier at the time in question; and a copy of the fellow Soldier's DD Form 214 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 on 
22 September 1966.  He arrived in Vietnam on 4 October 1967.  He served as a mortar man assigned to Company A, 1st Battalion, 46th Infantry, 198th Infantry Brigade from 4 October 1967 through 6 September 1968.  On 12 September 1968, the applicant was released from active duty in the temporary rank of specialist four after completing 1 year, 11 months, and 21 days of creditable active service with no time lost.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.

3.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Combat Infantryman Badge, one award of the Overseas Service Bar, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) as authorized awards.

4.  There are no orders for the Purple Heart in the applicant’s service personnel records.  However, item 40 (Wounds) on the applicant's DA Form 20 (Enlisted Qualification Record) shows he sustained multiple fragment wounds to his left leg and foot on 12 May 1968.  The Vietnam Casualty Roster also shows he was wounded in action on 12 May 1968.

5.  In support of his claim, the applicant provided an eyewitness statement from his platoon sergeant at the time in question.  He attests that on 12 May 1968 the applicant was wounded as a result of enemy mortar fire in Vietnam.  He also attests that he personally stayed with and assisted the applicant until a medivac helicopter could be secured.

6.  Records show the applicant participated in four campaigns during his assignment in Vietnam.
 
7.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal.  His records show he received "excellent" conduct and efficiency ratings throughout his service.

8.  Department of the Army General Orders (DAGO) Number 8, 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.

9.  Army Regulation 600-8-22 (Military Awards) 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.

10.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service except that a service school efficiency rating based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 was not disqualifying.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

11.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star based on qualifying service for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal, including the Vietnam Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  The entry in item 40 on the applicant's DA Form 20 and the entry in the Vietnam Casualty Roster which show the applicant was wounded in action on 
12 May 1968 are accepted as sufficient evidence in which to amend his DD Form 214 to add the Purple Heart.

2.  The applicant was released from active duty in the temporary rank of specialist four with almost 2 years of creditable active service with no time lost.  It appears the applicant met the eligibility criteria for the first award of the Army Good Conduct Medal for the period 22 September 1966 through 12 September 1968 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, his records should be corrected to show this award.
3.  The applicant participated in four campaigns during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with four bronze service stars.  Therefore, his DD Form 214 should be corrected to show this award.

4.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam.  The applicant served in Vietnam during a qualifying period and is eligible for this award.  Therefore, it would be appropriate to add this foreign unit award to his DD Form 214.

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;

	b.  awarding him the first award of the Good Conduct Medal for the period 
22 September 1966 through 12 September 1968; and 
 
	c.  adding to item 24 of his DD Form 214 the Purple Heart, Good Conduct Medal, Vietnam Service Medal with four bronze service stars, and the Republic of Vietnam Gallantry Cross with Palm 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)                                         AR20090017144



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ABCMR Record of Proceedings (cont)                                         AR20090017144



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