IN THE CASE OF:	  

		BOARD DATE:	 19 August 2010 

		DOCKET NUMBER:  AR20100007356 


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 and the Army Good Conduct Medal.

2.  The applicant states, in effect, that he did not receive a Purple Heart for his combat injuries incurred while serving in the Republic of Vietnam.  He also believes he meets the qualifications for award of the Army Good Conduct Medal.

3.  The applicant provides the following documentary evidence:

	a.  his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 11 June 1970;

	b.  a letter from a major general, dated 9 September 1969, informing the applicant's father that his son was receiving medical treatment at Ireland Army Hospital, Fort Knox, KY;

	c.  a Standard Form (SF) 88 (Report of Medical Examination), dated 3 June 1970;

	d.  a DA Form 8-119 (Hospital Arrival Notice), dated 8 September 1969; 

	e.  a newspaper clipping, dated 12 November 1969; and

	f.  a letter to the applicant from the National Personnel Records Center (NPRC), dated 23 November 2009.
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 12 June 1968 for a 2-year period.  He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).
   
3.  The applicant served in the Republic of Vietnam from 20 November 1968 to 20 August 1969 with Company E, 1st Battalion, 11th Infantry, 1st Brigade, 5th Infantry Division.

4.  The applicant was honorably released from active duty on 11 June 1970.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining statutory military service obligation.  The DD Form 214 he was issued at the time shows he competed 2 years of active service with 9 months and 11 days of foreign service in the geographic region of the U.S. Army Pacific (USARPAC).

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the following awards:

* National Defense Service Medal
* Vietnam Service Medal 
* Combat Infantryman Badge 
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

6.  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 military personnel records do not show any 


time lost or any records of conviction by court-martial.   However, his record does show he accepted nonjudicial punishment under the provisions of Article 15, Uniform Code of Military Justice (UCMJ) on 22 October 1969 for possession of alcoholic beverages in his barracks.

7.  There is also no record of a commander's disqualification for award of the Army Good Conduct Medal.

8.  Item 40 (Wounds) of the applicant's DA Form 20 does not contain any entry showing he was wounded in action.

9.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 does not show he was awarded the Purple Heart or the Army Good Conduct Medal.

10.  The applicant's name is listed on the Vietnam Casualty Roster under status code 23, "hostile wounded in action - not serious - hospitalized" on 12 August 1969.

11.  The applicant's separation physical shows he had residual scarring on his abdomen from shrapnel wounds.

12.  The applicant provided a copy of a letter from the commanding general of Fort Knox, KY which was addressed to his father.  In this letter, the general tells the applicant's father that his son is receiving medical treatment at Ireland Army Hospital after serving in the Republic of Vietnam.  The applicant also provided excerpts from his medical record showing he had residual scarring on his abdomen from shrapnel wounds.  A newspaper clipping states the applicant, while serving in Vietnam, was wounded by shrapnel from mortar fire.

13.  The NPRC provided a letter to the applicant authorizing shipment of these awards:

* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* Combat Infantryman Badge 
* Republic of Vietnam Campaign Ribbon with Device (1960)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

14.  References:

	a.  Army Regulation 600-8-22 (Military Awards) 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.

	b.  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.  Ratings of "Unknown" for portions of the period under consideration were not disqualifying.  There must have been no convictions by a court-martial.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.
   
   c.  Army Regulation 600-8-22, paragraph 2-13, 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 three campaigns:

* Vietnam Counteroffensive, Phase VI (2 November 1968 - 22 February 1969)
* Tet Counteroffensive, 1969 (23 February - 8 June 1969)
* Vietnam Summer-Fall 1969 (9 June - 31 October 1969

	d.  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.  

	e.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  Paragraph 6d states that Department of the Army General Orders 8, 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.



DISCUSSION AND CONCLUSIONS:

1.  The Vietnam Casualty Roster shows the applicant was injured on 12 August 1969 as a result of hostile action. Therefore, he is entitled to award of the Purple Heart and correction of his DD Form 214 to show this award.

2.  The applicant's records show he received "excellent" conduct and efficiency ratings throughout his service and that he was fully qualified for reenlistment.  Although the applicant accepted nonjudicial punishment for a minor infraction of the UCMJ, there is no record of evidence showing a commander's disqualification or conviction by a court-martial.  Therefore, he is entitled to the first award of the Army Good Conduct Medal based on completion of a qualifying period of service from 12 June 1968 to 11 June 1970, ending with the termination of his qualifying period of Federal military service and correction of his DD Form 214 to show this award.

3.  Records show the applicant was awarded the Vietnam Service Medal.  Records further show he participated in three campaigns while serving in the Vietnam.  Therefore, he is entitled to three bronze service stars for wear on his already-awarded Vietnam Service Medal.

4.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units during his tour of duty in the Republic of Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

5.  The Government of Vietnam awarded the Republic of Vietnam Campaign Medal with Device (1960) 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.  Therefore, he is entitled to this award and correction of his DD Form 214 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.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal;

	b.  awarding him the Purple Heart for wounds received in action on 12 August 1969;

   c.  awarding him the Army Good Conduct Medal (1st award) for the period 12 June 1968 to 11 June 1970; and

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

* Purple Heart 
* Army Good Conduct Medal (1st award)
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm 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)                                         AR20100007356



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ABCMR Record of Proceedings (cont)                                         AR20100007356



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