IN THE CASE OF:	

		BOARD DATE:	  22 April 2010

		DOCKET NUMBER:  AR20090017519 


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 he received shrapnel wounds to the right foot while serving in the Republic of Vietnam (RVN).

3.  The applicant provides a PH certificate and DD Form 214 in support of this application.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests that the applicant's DD Form 214 be amended to include the PH.

2.  Counsel states the applicant's personnel file contains service medical records not provided to the Department of Veterans Affairs (VA).  His files also contain Army Commendation Medal (ARCOM) orders and a PH certificate that shows he was wounded in action in the RVN.  The record also shows item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) contains an entry showing the applicant received a wound to his left foot on 9 April 1967 in the RVN and this information matches the information contained on the PH certificate.

3.  Counsel provides a statement in support of the 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 record shows he was inducted into the Army of the United States and he entered active duty on 20 May 1965.  He was trained in and awarded military occupational specialty 51M (Fire Fighter).

3.  The applicant's DA Form 20 shows he was promoted to specialist four (SP4) on 31 August 1966 and this is the highest rank he attained while serving on active duty.  It also shows he served in the RVN from 3 June 1966 to 13 May 1967.

4.  Item 38 (Record of Assignments) of the DA Form 20 shows that during his RVN tour the applicant was assigned to Headquarters and Headquarters Company, 15th Medical Battalion, 1st Cavalry Division.  It also shows he received "excellent" conduct and efficiency ratings at all of his active duty assignments.

5.  The applicant's official military personnel file is void of any derogatory information that would have precluded award of the Army Good Conduct Medal (AGCM) and contains the following general orders (GO):

	a.  Headquarters, 1st Cavalry Division (Airmobile), GO Number 1761, dated 17 April 1967, which awarded the applicant the PH for wounds received in connection with military operations against a hostile force on 9 April 1967;

	b.  Headquarters, 1st Cavalry Division (Airmobile), GO Number 2186, dated 6 May 1967, which awarded the applicant the ARCOM for meritorious service during the period May 1966 to May 1967; and 

	c.  Headquarters, 1st Cavalry Division (Airmobile), GO Number 6807, dated 30 June 1968, which awarded the applicant the Air Medal (1st through 3rd Oak Leaf Clusters).

6.  On 14 May 1967, the applicant was honorably released from active duty in the rank of SP4.  At the time he had completed 1 year, 11 months, and 25 days of creditable 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:

* National Defense Service Medal
* Vietnam Service Medal (VSM)
* RVN Campaign Medal with Device (1960)
* Combat Medical Badge
* Aircraft Crewman Badge
* Expert Marksmanship Qualification Badge with Rifle Bar
* AM

7.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy and states the following in the paragraphs/tables indicated:

	a.  Paragraph 2-13 contains guidance on the VSM and states a bronze service star is authorized with this award for each campaign a member is credited with participating in while in the RVN.

	b.  Table B-1 contains a list of Vietnam campaigns, and shows during the applicant's tour in the RVN participation credit was granted for the Vietnam Counteroffensive (25 December 1965–30 June 1966) and Vietnam Counteroffensive Phase II (July 1966–31 May 1967) campaigns.

	c.  Chapter 4 contains guidance on the Army Good Conduct Medal (AGCM) and states it 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.

8.  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 his tenure of assignment in the RVN, the applicant's unit (15th Medical Battalion) received the RVN Gallantry Cross with Palm Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention the PH should be added to his DD Form 214 has been carefully considered and found to have merit.  The applicant's record contains orders awarding him the PH for being wounded in action in the RVN on 9 April 1967.  Therefore, it would be appropriate to add this award to his DD Form 214.

2.  The applicant's record also contains orders that awarded him the ARCOM and AM with 3rd Oak Leaf Cluster (4th Award).  Therefore, these awards should also be added to his DD Form 214.

3.  The applicant's record further confirms he received "excellent" conduct and efficiency ratings at all of his active duty assignments and it is void of any derogatory information or unit commander disqualification that would have precluded award of the AGCM.  Therefore, it would be appropriate to award the applicant the AGCM for his qualifying period of honorable active duty service from 20 May 1965 through 14 May 1967 and to add this award to his DD Form 214.

4.  The record also shows that based on his RVN service and campaign participation, the applicant is eligible for the RVN Gallantry Cross with Palm Unit Citation and three bronze service stars to be worn with his already-awarded VSM.  Therefore, it would also be appropriate to add these awards 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.  awarding him the AGCM for his qualifying period of honorable active duty service from 20 May 1965 through 14 May 1967;

	b.  amending item 24 of his DD Form 214 by deleting the VSM and AM and adding the PH, ARCOM, AM with 3rd Oak Leaf Cluster (4th Award), AGCM, VSM with three bronze service stars, and RVN Gallantry Cross with Palm Unit Citation; and

	c.  providing him a correction to his DD Form 214 that includes 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)                                         AR20090017519



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ABCMR Record of Proceedings (cont)                                         AR20090017519



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