IN THE CASE OF:	  

		BOARD DATE:	  27 July 2010

		DOCKET NUMBER:  AR20090021682 


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 discovered the Purple Heart was not in his records.  He contends he was injured when the armored personnel carrier for which he was the driver was struck by an enemy land mine on 12 October 1967 in the Republic of Vietnam (RVN).  Due to the explosion, he received a perforated eardrum as indicated in his medical records.

3.  The applicant provides a copy of a Standard Form (SF) 513 (Clinical Record - Consultation Sheet) and a copy of his DD Form 214.

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 3 March 1967 and entered active duty on 4 March 1967.  He completed basic and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  

3.  A copy of the applicant's DA Form 20 (Enlisted Qualification Record) shows he was assigned to Headquarters and Headquarters Company, 4th Battalion, 23rd Infantry, 25th Infantry Division, in Vietnam during the period 29 July 1967 through 26 July 1968.  He was honorably released from active duty on 28 February 1969 by reason of expiration of term of service after serving a total of 1 year, 11 months, and 28 days of active service.  He was transferred to the U.S. Army Reserve Control Group (Annual Training), St. Louis, Missouri.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the National Defense Service Medal, Vietnam Service Medal with one bronze service star, RVN Campaign Medal with Device (1960), Bronze Star Medal with "V" Device for heroism, and Bronze Star Medal (First Oak Leaf Cluster) for service.

5.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the Purple Heart pertaining to the applicant.

6.  The applicant's name does not appear on the Vietnam casualty roster.

7.  A copy of an SF 513 indicates the applicant received medical treatment for a perforated left eardrum as a result of his vehicle being struck by an enemy land mine on 12 October 1967 while serving in Vietnam.

8.  Department of the Army General Orders Number 48, dated 1971, awarded the 4th Battalion, 23rd Infantry, the RVN Gallantry Cross with Palm Unit Citation for service in Vietnam during the period April 1966 to August 1968.

9.  Department of the Army General Orders Number 51, dated 1971, awarded the 4th Battalion, 23rd Infantry, the RVN Civil Actions Honor Medal First Class Unit Citation for service in Vietnam during the period 30 April 1966 to 21 January 1970.
10.  General Orders Number 2308 show he was awarded the Bronze Star Medal for heroism on 13 February 1968.  The applicant's platoon was given a mission of maneuvering through a highly concentrated enemy force in order to relieve a beleaguered friendly unit.  With complete disregard for his own life, the applicant assaulted the enemy by placing a tremendous amount of fire on the hostile emplacements which enabled other elements of the task force to reach their objective.

11.  Army Regulation 600-8-22 (Military Awards) provides that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.  

12.  Army Regulation 600-8-22 states 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 Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards and campaign periods for the Vietnam era.  Four designated campaigns coincide with the applicant's period of service in Vietnam:

* Vietnam Counteroffensive Phase III (1 June 1967 – 29 January 1968)
* Tet Counteroffensive (30 January 1968 – 1 April 1968)
* Vietnam Counteroffensive, Phases IV (2 April 1968 - 30 June 1968)
* Vietnam Counteroffensive, Phases V (1 July 1968 – 1 November 1968)

14.  Army Regulation 600-8-22 states a bronze service star is awarded for each campaign listed in appendix B.  Authorized bronze service stars will be worn on the appropriate service medal.

15.  The applicant's record is void of documentation showing he was recommended for or awarded the Army Good Conduct Medal (AGCM).  Item 38 of the applicant's DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his military career.

16.  Army Regulation 672-5-1 (Awards and Decorations), in effect at the time, provided that the AGCM was awarded to individuals who completed a qualifying period of active duty enlisted service.  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.  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's request that his record be corrected by awarding him the Purple Heart is supported by the evidence.

2.  A copy of an SF 513 shows the applicant was wounded as a result of hostile action on 12 October 1967 which required medical treatment.  Based on this entry, there is sufficient evidence to show he met the requirements and is entitled to correction of his records to show award of the Purple Heart.

3.  General orders awarded the applicant's unit the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation which are not shown on his DD Form 214.  He is entitled to correction of his DD Form 214 to show these unit awards.

4.  The evidence shows the applicant held an infantry MOS and served in an infantry battalion in Vietnam.  Furthermore, the applicant was awarded the Bronze Star Medal with "V" Device which clearly shows he was directly involved in active ground combat.  Therefore, he is entitled to award of the Combat Infantryman Badge.

5.  The evidence of record confirms the applicant served honorably during the period 3 March 1967 through 28 February 1969.  He received "excellent" conduct and efficiency ratings throughout his military service.  Based on his overall record of service, it would be appropriate to award him the first award of the AGCM based on completion of a qualifying period of Federal military service.  He is entitled to correction of his records to show this award.

6.  The applicant was awarded the Vietnam Service Medal.  His records show he participated in four campaigns while serving in the RVN.  Therefore, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal.

7.  The applicant's records show he was awarded two Bronze Star Medals; one for heroism and one for service which are listed as two separate entries.  The correct entry for item 24 of his DD Form 214 should read "Bronze Star Medal with "V" Device (First Oak Leaf Cluster) which denotes he received two awards.  He is entitled to correction of his DD Form 214 to show the correct entry.



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 Purple Heart for wounds received on 12 October 1967, awarding him the Combat Infantryman Badge, and awarding him the AGCM for the period 3 March 1967 through 28 February 1969; and 

	b.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal, Bronze Star Medal with "V" Device, and Bronze Star Medal (First Oak Leaf Cluster);

	c.  adding to item 24 of his DD Form 214 the:

* Bronze Star Medal with "V" Device (First Oak Leaf Cluster)
* Purple Heart
* AGCM (1st Award)
* Combat Infantryman Badge
* Vietnam Service Medal with four bronze service stars
* RVN Gallantry Cross with Palm Unit Citation
* RVN 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)                                         AR20090021682



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ABCMR Record of Proceedings (cont)                                         AR20090021682



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