IN THE CASE OF:	  

		BOARD DATE:	  13 July 2010

		DOCKET NUMBER:  AR20090019053 


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 records to show award of the Purple Heart.

2.  The applicant states that he was wounded in combat while assigned to Headquarters and Headquarters Company (HHC), 1st Battalion, 16th Infantry,
1st Infantry Division, Republic of Vietnam (RVN), on 25 February 1968 and he never received the Purple Heart.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 15 April 1969; and a DD Form 1380 (U.S. Field Medical Card), dated 28 February 1968, attached to a military outpatient medical record.

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 29 March 1967.  He successfully completed basic combat and advanced individual training and he was awarded military occupational specialty 91B (Medical Specialist).

3.  Records show the following assignments in the RVN:

* 27 September 1967, HHC, 1st Battalion, 16th Infantry, 1st Infantry Division as a medical aidman
* 20 November 1967, A Company, 1st Medical Battalion, 1st Infantry Division as a medical aidman
* 10 March 1968, HHC, 1st Battalion, 16th Infantry, 1st Infantry Division as a medical aidman
* 23 September 1968, 36th Evacuation Hospital as a medical corpsman
* 15 November 1968, U.S. Army, Vietnam (USARV), advance schooling as a student
* 1 December 1968, Advisory Team 86, III Corps Advisory Group as a medical advisor

4.  The applicant departed Vietnam on 14 April 1969.

5.  On 15 April 1968, the applicant was honorably released from active duty in the rank/grade of specialist five (SP5)/E-5 after completing 2 years and 17 days of creditable active service with no time lost.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 15 April 1969 shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Combat Medical Badge, and the Air Medal.

7.  There are no general orders in the applicant’s service personnel records that show he was awarded the Purple Heart.  The applicant's name is not listed on the Vietnam Casualty Roster.

8.  The applicant provided a DD Form 1380, dated 28 February 1968, that shows he was tagged and treated at A Company, 1st Medical Battalion, 1st Infantry Division for a gunshot wounds to his right ankle that occurred during a search and destroy (S&D) mission on 25 February 1968.  The form further indicated that his injury was a result of enemy action.

9.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  His records do not contain any adverse information and his 
DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his period of service.

10.  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.

11.  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.  There must have been no convictions by a court-martial.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that, at the time of the applicant’s assignment to the 1st Battalion, 16th Infantry, it was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period 12 July 1965 through 16 October 1968 based on Department of the Army General Orders (DAGO) 21, dated 1969
* Republic of Vietnam Civil Actions First Class Honor Medal Unit Citation for the period October 1965 through April 1970 by DAGO 53, dated 1970

13.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  A silver service star will be worn instead of five 
bronze service stars.  Appendix B shows that during his service in Vietnam the applicant participated in the following six campaigns:

* Vietnamese Counteroffensive Phase III (1 June 1967 - 29 January 1968)
* Tet Counteroffensive (30 January - 1 April 1968)
* Vietnamese Counteroffensive Phase IV (2 April - 30 June 1968)
* Vietnamese Counteroffensive Phase V (1 July - 1 November 1968)
* Vietnamese Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* Tet 69/Counteroffensive (23 February - 8 June 1969)

DISCUSSION AND CONCLUSIONS:

1.  There are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart.  However, the applicant submitted a 
DD Form 1380 that shows he was injured from a gunshot wound to his right ankle by enemy action on 25 February 1968.  The evidence provided by the applicant is accepted as sufficient to show he is entitled to award of the Purple Heart for wounds sustained during hostile action on 25 February 1968 in Vietnam.  Therefore, his DD Form 214 should be corrected to show award of the Purple Heart.

2.  The applicant was released from active duty in the rank of SP5 with 2 years and 17 days of creditable active service with no time lost.  He also received "excellent" conduct and efficiency ratings throughout his period of service.  Therefore, it appears the applicant met the eligibility criteria for award of the Army Good Conduct Medal (first award) for the period 29 March 1967 through
15 April 1969, ending with a period of active service of less than 3 years but more than 1 year.

3.  The applicant was assigned to units during a period of time these units were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

4.  The applicant served in Vietnam during the period 27 September 1967 through 14 April 1969.  His participation in six campaign phases makes him eligible to wear one silver and one bronze service star on his already-awarded Vietnam Service Medal.  Therefore, his DD Form 214 should be corrected to show these service stars.









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 Purple Heart for wounds received as a result of enemy action on 25 February 1968;
   
   c.  awarding him the Army Good Conduct Medal (first award) for the period
29 March 1967 through 15 April 1969; and

   d.  adding to item 24 of his DD Form 214 the:
   
* Purple Heart
* Army Good Conduct Medal (1st award)
* Vietnam Service Medal with one silver service star and one bronze service star
* 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)                                         AR20090019053



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ABCMR Record of Proceedings (cont)                                         AR20090019053



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