IN THE CASE OF:	  

		BOARD DATE:	  27 July 2010

		DOCKET NUMBER:  AR20100000425 


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 was assigned to the 3rd Battalion, 39th Infantry,
9th Infantry Division in Vietnam and he was wounded by an enemy booby trap.  He also states he was treated at the medical dispensary at Fire Base Foxtrot/Moore, but the treating medic never filed for him to be awarded the Purple Heart.  He further states that he left Vietnam without the award.  He adds x-rays have recently verified that he still has shrapnel in his back.

3.  The applicant provides copies of a DD Form 1380 (U.S. Field Medical Card) and Standard Form (SF) 600 (Chronological Record of Medical Care) in support of his request.

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 U.S. Army and entered active duty on
7 July 1967.  Upon completion of training he was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 29 (Qualification in Arms) the Sharpshooter Marksmanship Qualification Badge with (M-14) and (M-16) Rifle Bars, and Expert Marksmanship Qualification Badge with (M-60) Machinegun Bar;

   b.  item 31 (Foreign Service) he served in the Republic of Vietnam (RVN) from 22 December 1967 through 21 December 1968;
   
   c.  item 38 (Record of Assignments) that he was assigned to Company B,
3rd Battalion, 39th Infantry, 9th Infantry Division, from 26 December 1967 through 19 December 1968;

	d.  item 39 (Campaigns) that he served in the RVN during the Vietnam Counteroffensive Phase III, Tet Counteroffensive, and [a then unnamed]
7th campaign;

   e.  item 40 (Wounds) is blank; and

	f.  item 41 (Awards and Decorations) shows the National Defense Service Medal, Vietnam Service Medal, Combat Infantryman Badge, Republic of Vietnam Campaign Medal with Device (1960), Army Commendation Medal (2nd Award), Silver Star, 2 Overseas Service Bars, Air Medal, Republic of Vietnam Gallantry Cross with Bronze Star, Republic of Vietnam [Gallantry Cross with Palm] Unit Citation, Bronze Star [Medal], and Sharpshooter Marksmanship Qualification Badge with (M-14) Rifle Bar.

4.  A DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows the applicant entered active duty this period on 7 July 1967, he was honorably released from active duty on 3 July 1969, and transferred to the U.S. Army Reserve Control Group (Annual Training) to compete his Reserve obligation.  At the time he had completed 1 year, 11 months, and 27 days of net active service.

	a.  Item 22 (Statement of Service), block c (Foreign and/or Sea Service), shows he completed 1 year, 0 months, and 0 days in Vietnam. 
	b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal, Vietnam Service Medal, Combat Infantryman Badge, Republic of Vietnam Campaign Medal with Device (1960), Army Commendation Medal (2nd Award), Silver Star, Republic of Vietnam [Gallantry Cross with Palm] Unit Citation, Republic of Vietnam Gallantry Cross with Bronze Star, First Class [Sharpshooter] Marksmanship Qualification Badge with (M-16) and (M-14) Rifle Bars, Expert Marksmanship Qualification Badge with (M-60) Machinegun Bar, and Bronze Star [Medal].

5.  There is no evidence in the applicant's military personnel records that shows he was wounded or treated for wounds as a result of hostile action or that he was awarded the Purple Heart.

6.  A review of The Adjutant General, Casualty Division's, Vietnam Casualty Roster, confirmed the applicant's name is not on the roster.

7.  A search of the U.S. Army Human Resources Command Awards and Decorations Computer Assisted Retrieval System for the Vietnam Conflict failed to produce orders showing the applicant was awarded the Purple Heart.

8.  In support of his application the applicant provides copies of the following documents:

   a.  a U.S. Field Medical Card that identifies the applicant and shows in:

* item 13 (Date and Hour Tagged) - "27 Nov 68, 1000";

* item 14 (Diagnosis) - "Schrapnel [sic] Wound in Back L [Left]";

* item 16 (Injury), Enemy Action - "Yes";

* item 18 (Date and Hour Injured) - "12 Jul, 1131";

* item 19 (What Was He Doing When Injured) - "Search and Destroy Mission";

* item 20 (Treatment Given) - "Cleaned and dressed";

* item 27 (Disposition) – "Returned to duty"; and

* item 28 (Hour and Date) – "27 Nov 68"; and
   b.  a Chronological Record of Medical Care, dated 12 July 1968, that identifies the applicant and shows in the Symptoms, Diagnosis, Treatment, Treating Organization section the entry "[applicant] came in with schrapnel [sic] wound in back from Booby trap; cleaned and dressed – Duty."

9.  A review of the applicant's military personnel records reveals that he may be authorized additional awards that are not shown on his DD Form 214.

10.  Headquarters, 9th Infantry Division, General Orders Number 6565, dated
9 August 1968, awarded the applicant the Bronze Star Medal with "V" Device for heroism against an armed hostile force in the RVN on 29 June 1968.

11.  Headquarters, 9th Infantry Division, General Orders Number 9276, dated
25 September 1968, awarded the applicant the Air Medal for meritorious achievement while participating in sustained aerial flight from 8 March to
9 June 1968.

12.  Headquarters, 9th Infantry Division, General Orders Number 4326, dated
6 June 1968, awarded the applicant the Army Commendation Medal with "V" Device for heroism against an armed hostile force in the RVN on 20 April 1968.

13.  Headquarters, 9th Infantry Division, General Orders Number 11189, dated
9 December 1968, awarded the applicant the Army Commendation Medal
(1st Oak Leaf Cluster) for meritorious service against a hostile force in the RVN from December 1967 to December 1968.

14.  Headquarters, 9th Infantry Division, General Orders Number 11435, dated
20 December 1968, awarded the applicant the Army Commendation Medal
(1st Oak Leaf Cluster) [sic] for meritorious achievement against a hostile force in the RVN from 24 August to 24 November 1968.

15.  The applicant's DD Form 214 shows he was awarded the Vietnam Service Medal, but it does not show that he was awarded any bronze service stars to signify campaign participation credit.

   a.  Paragraph 2-13 of Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance on the Vietnam Service Medal.  It states that a bronze service star is authorized with this service medal for each Vietnam campaign a member is credited with participating in.  It also states that 1 silver service star may be worn on the service medal in lieu of 5 bronze service stars.

   b.  Table B-1 contains a list of Vietnam campaigns and it shows that during the applicant's tour in Vietnam he participated in the following campaigns:
* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)
* Tet Counteroffensive (30 January - 1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April - 30 June 1968)
* Vietnam Counteroffensive Phase V (1 July - 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)

16.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows that at the time of the applicant's assignment to Company B, 3rd Battalion, 39th Infantry, 9th Infantry Division, his battalion was awarded the:

	a.  Valorous Unit Award for extraordinary heroism in combat operations in the RVN during the period 6-12 May 1968 by Department of the Army, General Orders (DAGO) Number 43 (1970);

	b.  Republic of Vietnam Gallantry Cross with Palm Unit Citation by DAGO Number 31 (1969); and

	c.  Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by DAGO Number 59 (1969).

17.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.

   a.  The applicant's records show he received "excellent" conduct and efficiency ratings throughout his entire period of military service 

   b.  A DA Form 137 (Installation Clearance Record), completed based on the applicant's departure date of 3 July 1969, shows the commanding officer rated the applicant's conduct and efficiency as "excellent."

   c.  There is no evidence that the applicant's commander denied him award of the Army Good Conduct Medal.

18.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the Army Good Conduct Medal is awarded to individuals who have completed 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.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.
19.  Army Regulation 600-8-22 provides policy, criteria, and administrative instructions concerning military awards and decorations.  This regulation 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show award of the Purple Heart because he was wounded by an enemy booby trap in Vietnam and treated at the medical dispensary, but never received the award.

2.  The applicant's claim and the two medical documents he provided were carefully considered.

	a.  The U.S. Field Medical Card would normally be the initial document filled out by the field medic supporting the unit at the time of the incident to document the injury and medical treatment given.  The document provided shows the applicant was injured on 12 July [1968] at 1131 hours; his injury was "cleaned and dressed" and he was "returned to duty"; however, it also shows in two separate entries that he was "tagged" and returned to duty on 27 November 1968 [emphasis added].  Thus, the dates on the DD Form 1380 are not easily explained or understood.

	b.  The Chronological Record of Medical Care would then normally be prepared by a medical official at the medical treatment facility.  The document provided clearly identifies the applicant and shows he was treated for a shrapnel wound that he received from a booby trap on 12 July 1968.

	c.  Despite the absence of any additional evidence in the applicant's military personnel records, it is concluded that the available evidence supports award of the Purple Heart in this case.  Therefore, it would be appropriate to correct his records to show award of the Purple Heart.

3.  The evidence of record shows that:

   a.  general orders awarded the applicant the Bronze Star Medal with "V" Device, Air Medal, and Army Commendation Medal with "V" Device and two additional awards of the Army Commendation Medal (i.e., 2nd Oak Leaf Cluster);

   b.  general orders awarded the applicant's unit the Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  [The applicant's
DD Form 214 shows the "Vietnam Unit Citation"; however, this is an improper entry for either of the two foreign unit awards and should be corrected.]

   c.  Therefore, it would be appropriate to correct his DD Form 214 to show the aforementioned awards.

4.  The applicant qualified for award of the Vietnam Service Medal and he served in five campaigns during his service in the RVN.  Therefore, it would be appropriate to correct his DD Form 214 to show one silver service star to be affixed on his already-awarded Vietnam Service Medal.

5.  The applicant served a qualifying period of active duty service from 7 July 1967 to 3 July 1969 for the first award of the Army Good Conduct Medal.  Therefore, it would be appropriate to approve this award and show it on 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 Purple Heart for wounds received in action in the RVN on 12 July 1968;

   b.  awarding him the Army Good Conduct Medal for exemplary conduct, efficiency, and fidelity for the period 7 July 1967 to 3 July 1969;


	c.  deleting from item 24 of his DD Form 214 the "VSM" [Vietnam Service Medal], "ACM" [Army Commendation Medal], "VN Unit Citation," "1CG (M-16)," SS (M-14 Rifle)," "EXP (M-60)," "Bronze Star [Medal]," and "ARCOM" [Army Commendation Medal]; and

	d.  adding to item 24 of his DD Form 214 the Bronze Star Medal with "V" Device, Purple Heart, Air Medal, Army Commendation Medal with "V" Device (2nd Oak Leaf Cluster), Army Good Conduct Medal, Vietnam Service Medal with 1 silver service star, Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Sharpshooter Marksmanship Qualification Badge with (M-16) and (M-14) Rifle Bars, and Expert Marksmanship Qualification Badge with (M-60) Machinegun Bar.



      ___________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)                                         AR20100000425



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ABCMR Record of Proceedings (cont)                                         AR20100000425



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