IN THE CASE OF:	  

		BOARD DATE:	  13 July 2010

		DOCKET NUMBER:  AR20100000805 


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 that his award of the Purple Heart be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states that his DD Form 214 does not reflect his award of the Purple Heart.  He further states that he was wounded in Vietnam on
25 November 1967 and suffered a skull fracture.  He also states that he has the Purple Heart at home but his DD Form 214 does not reflect the award.

3.  The applicant provides a copy of his DD Form 214 and copies of two newspaper articles related to his being wounded.

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 in Milwaukee, WI on 12 September 1966.  He completed all of his training at Fort Hood, TX and he was awarded military occupational specialty 11E (armor crewman).

3.  The applicant was assigned to Troop B, 2d Squadron, 1st Cavalry Regiment, 2d Armored Division as a tank driver when he was transferred to Vietnam with his unit on 10 August 1967.

4.  On 3 December 1967, he was transferred to the Medical Holding Detachment of the 249th General Hospital in Japan as a patient.  On 22 December 1967, he was transferred to the Medical Holding Company at Fitzsimons General Hospital in Denver, CO, where he remained until 23 January 1968, when he was transferred to Fort Knox, KY.  He was advanced to the pay grade of E-4 on
20 February 1968.

5.  On 11 September 1968, he was honorably released from active duty (REFRAD) due to the expiration of his term of service (ETS).  He had served 2 years of total active service and his DD Form 214 issued at the time of his REFRAD reflects he was awarded the Vietnam Service Medal (VSM), National Defense Service Medal, and the Sharpshooter Marksmanship Qualification Badge with Rifle and Pistol Bars.

6.  A review of the applicant’s records failed to show any evidence that he was wounded as a result of hostile action or that he was awarded the Purple Heart.  However, the applicant’s name is listed on the Vietnam Casualty Listing as casualty status "23," which indicates "hostile wounded in action - not serious - hospitalized."  The date of casualty is listed as 24 November 1967.

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 record is void of any derogatory information that would serve to disqualify him for the first award of the Army Good Conduct Medal.

8.  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 record.

9.  Army Regulation 672-5-1 (Awards), in effect at the time, stated 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; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; 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.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.

10.  Army Regulation 600-8-22 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.  Appendix B shows that during his service in Vietnam, the applicant participated in the following campaign:

* Vietnam Counteroffensive, Phase III (1 June 1967 to 29 January 1968)

11.  Army Regulation 600-8-22 states the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.  Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register-Vietnam Era) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit 
citation badges awarded during the Vietnam Conflict.  Table 1 (Army Units in Numerical Order) of the pamphlet indicates that during the applicant’s assignment to 2nd Squadron, 1st Cavalry Regiment his unit was awarded the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period
30 August 1967 - 28 July 1969, by Headquarters, Department of the Army General Orders (DAGO) 3, dated 1970


* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period 30 August 1967 - 28 July 1969, by DAGO 53, dated 1970

DISCUSSION AND CONCLUSIONS:

1.  While there is no evidence in the available records showing that the applicant was wounded as a result of hostile action, there is evidence of record that shows he was a patient in at least two medical facilities.  This information coupled with the fact that his name is listed on the Vietnam Casualty Listing and the two newspaper articles he provided regarding his wounding in the Republic of Vietnam is sufficient to establish that he was awarded the Purple Heart as he claims.  Accordingly, his award of the Purple Heart should be added to his DD Form 214 at this time.

2.  After carefully examining the applicant’s record of service he should have received the first award of the Army Good Conduct Medal for his active service from 12 September 1966 through 11 September 1968.  This conclusion is based on the fact that the record is void of any derogatory information which would preclude the applicant from being awarded the Army Good Conduct Medal and the lack of any specific action by his chain of command to disqualify him from receiving the award.  Therefore, he is entitled to the Army Good Conduct Medal (1st award) and correction of his DD Form 214 to show this award.

3.  The applicant participated in one campaign during his service in the Republic of Vietnam.  Therefore, he is entitled to one bronze service star for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 accordingly.

4.  Because he was wounded and medically evacuated, the applicant served a qualifying period in the Republic of Vietnam for award of the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, his DD Form 214 should be corrected to show this campaign medal.

5.  Additionally, the applicant is entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, his DD Form 214 should be corrected to show these foreign unit awards.



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 Army Good Conduct Medal (1st award) for the period
12 September 1966 through 11 September 1968; and

   c.  adding to item 24 of his DD Form 214 the Purple Heart, Army Good Conduct Medal (1st award), Vietnam Service Medal with one bronze service star, Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the 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)                                         AR20100000805



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ABCMR Record of Proceedings (cont)                                         AR20100000805



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