IN THE CASE OF:	  

		BOARD DATE:	       18 FEBRUARY 2009

		DOCKET NUMBER:  AR20080017517 


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 record to show he was awarded the Purple Heart.

2.  The applicant states in effect, that he was unaware of the importance of the Purple Heart until he filed a claim with the Department of Veterans Affairs in 2006. 

3.  The applicant provides a copy of his award certificate, a copy a Western Union Telegram, and a copy of his medical records in support of this 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 that he was inducted into the Army of the United States and entered active duty on 14 April 1969.  He completed basic and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  The applicant's record shows that he served in the Republic of Vietnam during the period 16 August 1969 through 4 September 1970 and was assigned to Bravo Company, 1st Battalion,18th Infantry, 1st Infantry Division.

4.  Both Item 41 (Awards and Decorations) of the applicant's DA Form 20 
(Enlisted Qualification Record) and Item 24 (Decorations, Medals, Badges, Commendation, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows award of the National Defense Service Medal, Vietnam Service Medal with bronze service star, Combat Infantryman Badge,  Bronze Star Medal, Army Commendation Medal; and the Sharpshooter Marksmanship Qualification Badge with Rifle Bars (M-14 and M-16).  These forms do not show award of the Purple Heart.

5.  The Republic of Vietnam Casualty Roster shows that the applicant was wounded as the result of hostile action on 26 August 1970.

6.  Western Union Telegram, dated 28 August 1970 informed the applicant's next of kin that he was wounded by hostile action on 26 August 1970.

7.  The applicant provided a copy of an award certificate awarding him a Purple Heart for wounds received in action on 26 August 1970 in the Republic of Vietnam.

8.  The applicant also provides a copy of a Telephonic Casualty Report Wounded, dated 28 August 1970, which describes the circumstances in which his wounds were received, as well as verifying the date and time of the incident.

9.  The applicant provided a copy of an unclassified message, dated 29 August 1970, with information regarding his condition, where he was transported and his next of kin information.

10.  Review of the applicant's record indicates entitlement to additional awards that are not shown on his DD Form 214.



11.  There is no evidence the applicant received the first award of the Good Conduct Medal.  The applicant received conduct and efficiency ratings of "excellent" throughout the entire period of his military service, his records do not contain any adverse information, and there is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows unit awards received by units serving in the Republic of Vietnam.  It shows the unit the applicant was assigned to while serving in the Republic of Vietnam was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for actions during the period
15 September 1969 through February 1970 by Department of the Army General Orders Number 2, dated 1971.

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation of Credit Register) shows unit awards received by units serving in the Republic of Vietnam was cited for award of the Republic of Vietnam Civil Actions Honor Medal, Private First Class for actions during the period 12 July 1965 through 7 April 1970 Department of the Army General Orders 
Number 53, 1970.

14.  Appendix B of Army Regulation 600-8-22 shows the campaigns for the Republic of Vietnam.  During the applicant's tour in the Republic of Vietnam, he participated in two campaigns:  the Vietnam Summer-Fall and the Vietnam Winter-Spring.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

15.  Army Regulation 672-5-1, in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have completed a qualified 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.  The enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "Unknown" for portions of the period under consideration are not disqualifying.  Service and efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 are not disqualifying.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he was awarded the Purple Heart for wounds he received while serving in the Republic of Vietnam was carefully considered and determined to have merit.
2.  The Republic of Vietnam Casualty Roster shows that the applicant was wounded as the result of hostile action on 16 August 1969 which is contemporaneous with the telegram and medical records that were provided.  Therefore, the applicant is entitled to award of the Purple Heart and to have his records corrected to show this award.

3.  General Orders show the applicant is entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his records should be corrected to show this foreign unit award.

4.  General Orders show the applicant is entitled to the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, his records should be corrected to show this foreign unit award.

5.  Records show the applicant was awarded the Vietnam Service Medal with one bronze service star.  Additionally, records show the applicant participated in two campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of an additional bronze service star to be affixed to the already-awarded Vietnam Service Medal.

6.  Records show that the applicant completed a period of active duty enlisted service qualifying for award of the Good Conduct Medal.  Therefore, it would be appropriate to correct his records to show this award.

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 the applicant the Purple Heart for wounds received as a result of hostile actions on 26 August 1970, while in the Republic of Vietnam; 
   
   b.  awarding the applicant Good Conduct Medal (first award) for exemplary conduct, efficiency, and fidelity from 14 April 1969 to 27 January 1971; and
   
   c.  adding in Block 24 of his DD Form 214 the Purple Heart, the Good Conduct Medal,  the Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and an additional bronze service star to be affixed to his already-awarded Vietnam Service Medal.



      ________XXX______________
               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)                                         AR20080017517



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ABCMR Record of Proceedings (cont)                                         AR20080017517



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