BOARD DATE:	  9 September 2010

		DOCKET NUMBER:  AR20100007282 


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 that he was wounded on 29 September 1967 and needs recognition of this wound for Department of Veterans Affairs (VA) benefits.

3.  The applicant provides copies of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), a DA Form 8-275-3 (Clinical Record Cover Sheet), his DA Form 20 (Enlisted Qualification Record), and a VA disability rating decision.

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 29 November 1966, completed training, and was awarded military occupational specialty 11C (Infantry Indirect Fire Crewmember).

3.  On 29 September 1967, the applicant received penetrating wounds to his chin and left arm from shrapnel when an enemy booby trap detonated.

4.  The DA Form 8-275-3 completed at the 91st Evacuation Hospital shows his wounds were debrided on 29 September 1967 with a delayed closure of the wounds being done on 4 October 1967.  It stated that the hospital did not issue a Purple Heart.

5.  His DD Form 214 shows the applicant was honorably released from active duty on 27 November 1968 with 1 year, 11 months, and 29 days of creditable service and no time lost.  It lists his awards as the Air Medal, Bronze Star Medal, National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Combat Infantryman Badge, and Marksman Marksmanship Qualification Badge with Rifle, Pistol, and Mortar Bars.

6.  His DA Form 20 provides the following pertinent information:

	a.  service in Vietnam from 9 May 1967 through 10 May 1968 with Company C, 2nd Battalion, 8th Cavalry Regiment, 1st Cavalry Division;

	b.  conduct and efficiency ratings recorded as exclusively "excellent";

	c.  participation during one campaign period;

	d.  promotion to sergeant/E-5 on 8 April 1968;

	e.  award of the National Defense Service Medal, Vietnam Service Medal, Combat Infantryman Badge, Republic of Vietnam Campaign Medal with Device (1960), and Air Medal; and

	f.  in item 41 (Wounds), "Multi Frags Body" on 29 September 1967.

7.  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 while the applicant was assigned to 

Company C, 2nd Battalion, 8th Cavalry Regiment, 1st Cavalry Division, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

8.  Army Regulation 600-8-22 (Military Awards) provides the following pertinent information:

	a.  The Purple Heart is awarded for a wound sustained while in action against an enemy or 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.

	b.  The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during 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 active Federal military service.  A record of punishment is not automatically disqualifying.  However, at that time, a single efficiency rating of less than "excellent" was disqualifying.  and

	c.  A bronze service star is authorized based on qualifying service for each designated campaign period listed in appendix B and authorized bronze service stars will be worn on the appropriate campaign or service medal.  The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.  Based on the applicant's dates of service in Vietnam, he served during the following four campaign periods:  Counteroffensive Phase II from 1 July 1966-31 May 1967, Counteroffensive Phase III from 1 June 1967-29 January 1968, Tet Counteroffensive from 30 January 1968-1 April 1968, and Counteroffensive Phase IV from 2 April 1968-30 June 1968.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states he was wounded on 29 September 1967 and needs recognition of this wound for VA benefits.

2.  The applicant sustained combat-related fragment wounds on 29 September 1967.  No Purple Heart was issued by the treating hospital or by his command.  The applicant is authorized receipt of this award and it is appropriate to award him the Purple Heart at this time.

3.  The applicant distinguished himself by his conduct, efficiency, and fidelity as evidenced by his combat service, his conduct and efficiency ratings, his personal decorations, and his promotion to E-5.  His record contains no indication of any disqualifying incidents or recommendations.  It is appropriate to award the applicant the Army Good Conduct Medal for his period of service from 29 November 1966 through 27 November 1968.

4.  The applicant served in Vietnam during four campaign periods and is authorized to wear four bronze service stars on his Vietnam Service Medal.

5.  While serving in Vietnam, the unit he was assigned to was authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

6.  Based on the above facts and findings, it is appropriate to correct the applicant's record to show that in addition to the awards listed on the DD Form 214 the applicant is also authorized the Purple Heart, Army Good Conduct Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and to wear four bronze service stars on his Vietnam Service Medal.

BOARD VOTE:

____x_  ____x____  _____x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 on 29 September 1967;

	b.  awarding him the Army Good Conduct Medal for his period of service from 29 November 1966 through 27 November 1968; and

	c.  showing that in addition to the awards listed on his DD Form 214 he is also authorized the Purple Heart, Army Good Conduct Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and four bronze service stars with his Vietnam Service Medal.



      ___________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)                                         AR20100007282



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ABCMR Record of Proceedings (cont)                                         AR20100007282



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