IN THE CASE OF:	

		BOARD DATE:	  08 April 2010

		DOCKET NUMBER:  AR20090017222 


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 he received the Purple Heart in Vietnam in 1966 and it is not on his discharge papers.

3.  The applicant provides no additional 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's military personnel records show he enlisted in the Regular Army on 7 April 1965 for a period of 3 years.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  Headquarters, 3rd Training Regiment, U.S. Army Training Center, Infantry, Fort Dix, NJ, Special Orders Number 110, dated 24 May 1965, awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar.

4.  The applicant was assigned to the 4th Battalion, 9th Infantry in the Republic of Vietnam from 16 April to 14 September 1966.

5.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) shows the entry "Bullet wound of buttocks, 1 Jul 66."

6.  Headquarters, 25th Infantry Division, General Orders Number 1359, dated 
18 April 1967, awarded the applicant the Army Commendation Medal for meritorious service during the period April 1966 to March 1967 while serving in the Republic of Vietnam.

7.  On 5 April 1968, the applicant was honorably released from active duty.  He had completed 2 years, 11 months, and 29 days of total active service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) does not show award of the Purple Heart.

8.  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.  Records do not show indiscipline or lost time.  His records do not contain any adverse information and he received "excellent" conduct and efficiency ratings throughout his service.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems awarded during the Vietnam Conflict.  This document shows that, during the time of the applicant’s assignment to the 
4th Battalion, 9th Infantry the unit received the following two awards

* Republic of Vietnam Gallantry Cross with Palm Unit Citation - April 1966 - August 1968 by Department of the Army General Orders (DAGO) 48, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit 
   Citation - 30 April 1966 - 21 January 1970 by DAGO 51, dated 1971
10.  Army Regulation 600-200 (Enlisted Personnel Management System), 
chapter 9 of the version in effect at the time, stated a brief description of wounds or injuries (including injury from gas) requiring medical treatment received through hostile or enemy action, including those requiring hospitalization would be entered in item 40 of the DA Form 20.  This regulation further stated that the date the wound or injury occurred would also be placed in item 40.

11.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who had completed a qualified period of active duty enlisted service.  This period was each 3 years except in those cases when the period for the first award ended 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 he was awarded the Purple Heart.

2.  The applicant's DA Form 20 shows he received a bullet wound on 1 July 1966.  The DA Form 20 is a record of the applicant's history in the Army and an entry for wounds received would not be made on this document without corroborating orders or a casualty report.  The DA Form 20 is a source document for completion of the DD Form 214.  Therefore, there is sufficient evidence to award him the Purple Heart for wounds received on 1 July 1966.

3.  The applicant was awarded the Expert Marksmanship Qualification Badge with Rifle Bar on 24 May 1965 and the Army Commendation Medal on 18 April 1967.  Therefore, these awards should be included in item 24 of his 
DD Form 214.

4.  In the absence of evidence showing disqualification, the applicant is entitled to the first award of the Army Good Conduct Medal based on completion of qualifying service from 7 April 1965 to 5 April 1968 ending with termination of a period of Federal military service.  Therefore, his records should be corrected to show this award.

5.  Based on the applicant's service with the 4th Battalion, 9th Infantry he is authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, his records should be corrected to show these two unit awards.


BOARD VOTE:

___X____  ___X___  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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:

* Purple Heart for wounds received on 1 July 1966 in the Republic of Vietnam
* Army Good Conduct Medal for the period of service from 7 April 1965 to
5 April 1968

2.  The Board also recommends all Department of the Army records of the individual concerned be corrected by amending item 24 of his DD Form 214 to add the:

* Purple Heart
* Army Commendation Medal
* Army Good Conduct Medal
* Expert Marksmanship Qualification Badge with Rifle Bar
* 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)                                         AR20090017222



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090017222



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1