IN THE CASE OF:	  

		BOARD DATE:	  15 June 2010

		DOCKET NUMBER:  AR20090020725 


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 award of the Purple Heart.

2.  The applicant states he served in the Republic of Vietnam and he was wounded on three separate occasions.  The dates are 1 December 1967, 12 December 1967, and 13 May 1968.  He states he received a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) for award of one Purple Heart based on General Orders Number 4862 issued on 14 December 1967 for his wounds incurred on 12 December 1967.  He would like his records corrected to show all Purple Heart medals that he is entitled to based on his wounds.

3.  The applicant provides a copy of General Orders Number 4862.

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 8 June 1967 for a 2-year period.  He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  His MOS 11B was later withdrawn and he was awarded MOS 63C (General Vehicle Repairman).

3.  The applicant was awarded the Expert Marksmanship Qualification Badge with Rifle Bar on 7 August 1967 by Special Orders Number 219, issued by Headquarters, U.S. Army Training Center, Infantry, Fort Dix, NJ.

4.  The applicant served in the Republic of Vietnam from 16 November 1967 to 5 June 1968 with Company A, 1st Battalion (Mechanized), 5th Infantry.

5.  The applicant was honorably released from active duty on 6 June 1969 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.  The DD Form 214 he was issued at the time shows he competed 1 year, 11 months, and 29 days of active service with 6 months and 20 days of foreign service in the Republic of Vietnam.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the following awards:

* National Defense Service Medal
* Combat Infantryman Badge 
* Vietnam Service Medal with one bronze service star
* Vietnam Campaign Medal 
* Bronze Star Medal

7.  Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his service.  His military personnel records do not show any time lost or record of nonjudicial punishment under the provisions of Article 15, Uniform Code of Military Justice (UCMJ) or any records of conviction by court-martial.  There is also no record of a commander's disqualification for award the Army Good conduct Medal.


8.  Item 40 (Wounds) of the applicant's DA Form 20 shows two entries.  The first date of injury was on 12 December 1967 when he received fragmentation wounds to his back.  The second date of injury was on 13 May 1968 when he received wounds to his chest.

9.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 does not show he was awarded the Purple Heart.

10.  The applicant's Official Military Personnel File (OMPF) contains a copy of the casualty report sent from the evacuation hospital in the Republic of Vietnam to Department of the Army Casualty Operations at the Pentagon.  This casualty report shows he was injured on 13 May 1968 at 1745 hours by hostile gunfire during a firefight while a passenger in a military truck.  He suffered gunshot wounds to the chest.  His OMPF also contains a copy of the Western Union telegram sent to his family.  A second casualty report states the applicant was removed from the seriously injured list and medical evacuation was not contemplated at that time.

11.  The applicant's name is listed on the Vietnam casualty roster as wounded in action on 12 December 1967 and 13 May 1968.

12.  Army Regulation 600-8-22 (Military Awards) provides 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.

13.  Army Regulation 600-8-22 states, in pertinent part, that an oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.

14.  The applicant's records show that he is entitled to additional awards which he did not request and are not listed on his DD Form 214.

15.  References:

	a.  Army Regulation 672-5-1 (Military Awards), in effect at the time, required that the enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial throughout a qualifying period of service for award of the Army Good Conduct Medal.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.

	b.  Army Regulation 600-8-22 provides for award of the Vietnam Service Medal.  This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  Appendix B of this regulation shows the campaigns for Vietnam.  This regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  During the applicant's tour in Vietnam, he participated in three campaigns:

* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)
* Tet Counteroffensive (30 January 1968 - 1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April 1968 - 30 June 1968)

	c.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This document shows that the unit to which the applicant was assigned was awarded the following unit awards:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period January 1966 to August 1968 by Department of the Army General Orders (DAGO) Number 48, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1966 to 21 January 1970 by DAGO Number 9, dated 1979 amended DAGO Number 51, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant was injured on 13 May 1968 by a gunshot wound to the chest when the military vehicle he was traveling in came under hostile fire from enemy forces.  Additionally, his records show he received medical treatment for these wounds.  Therefore, the applicant is entitled to award of the Purple Heart with 1st Oak Leaf Cluster.

2.  However, there is no medical documentation nor is the applicant's name listed on the Vietnam casualty report for shrapnel wounds received by hostile forces on 1 December 1967.  Therefore, he is not entitled to a third award of the Purple Heart.

3.  Official orders awarded the applicant Expert Marksmanship Qualification Badge with Rifle Bar.  Therefore, he is entitled to a correction of his DD Form 214 to show this award.
4.  The applicant's records show he received "excellent" conduct and efficiency ratings throughout his service and that he was fully qualified for reenlistment.  There is no record of evidence showing a commander's disqualification.  Therefore, the applicant is entitled to the first award of the Army Good Conduct Medal (1st award) based on completion of a qualifying period of service from      8 June 1967 to 6 June 1969, ending with the termination of his qualifying period of Federal military service.

5.  Records show the applicant's unit received the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his tour of duty in the Republic of Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show these two unit awards.

6.  Records show the applicant was awarded the Vietnam Service Medal with one bronze service star.  Records show he participated in two additional campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to three bronze service stars to be affixed to his previously-awarded Vietnam Service Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ____X___  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 partial 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 Purple Heart and Vietnam Service Medal with one bronze service star;

	b.  awarding him the Purple Heart with 1st Oak Leaf Cluster for wounds received in action on 13 May 1968;


   c.  awarding him the Army Good Conduct Medal (1st award) for the period 
8 June 1967 to 6 June 1969; and

   d.  adding to item 24 of his DD Form 214 the following awards:

* Purple Heart with 1st Oak Leaf Cluster
* Army Good Conduct Medal (1st award)
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of a third Purple Heart for injuries incurred on 1 December 1967.



      ____________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)                                         AR20090020725



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ABCMR Record of Proceedings (cont)                                         AR20090020725



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