IN THE CASE OF:	  

		BOARD DATE:	  3 August 2010

		DOCKET NUMBER:  AR20100007750 


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 he be awarded the Purple Heart.

2.  The applicant states that he was wounded during a land mine explosion in the central highlands of Vietnam in August 1968 and he should have been awarded the Purple Heart; however, he never received it.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

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 19 July 1967 and he was transferred to Fort Ord, California where he completed his basic training and was then transferred to Fort Knox, Kentucky where he completed his advanced individual training (AIT) as an armor intelligence specialist.

3.  On 9 January 1968 he was transferred to Vietnam for assignment to Troop B, 2d Squadron, 1st Cavalry Regiment, 4th Infantry Division as a personnel carrier driver.  He was advanced to the rank of private first class (PFC)/E-3 on 
16 January 1968.

4.  The applicant’s DA Form 20 (Enlisted Qualification Record) indicates in item 40 (wounds) that the applicant received injuries to his right leg and possible internal injuries on 14 August 1968.  The Vietnam Casualty Listing also confirms the applicant was reported as a casualty on 14 August 1968.

5.  His records show that he was subsequently evacuated to the 106th General Hospital in Japan on 9 September 1968 and then to the hospital at Fort Ord, where he remained until he was honorably released from active duty (REFRAD) on 7 March 1969.  He had served 1 year, 7 months, and 19 days of total active service. 

6.  The applicant's DD Form 214 issued at the time of his REFRAD shows he was awarded the National Defense Service Medal, the Vietnam Service Medal (VSM), and the Vietnam Campaign Medal.

7.  There is no evidence in the available records to show he was ever awarded the Purple Heart.  Additionally, a search of the U.S. Army Human Resources Command Awards and Decorations Computer-Assisted Retrieval System, a 
web-based index containing roughly 611,000 general orders issued between 1965 and 1973 for the Vietnam era, also failed to produce an order which awarded the applicant the Purple Heart.

8.  A review of his records also show that he had "excellent" conduct and efficiency ratings throughout his service and his records are void of any derogatory information that could serve to disqualify him for award of the Army Good Conduct Medal (AGCM).





9.  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 a result of hostile action, that the wound must have required treatment by a medical officer, and that the medical treatment was made a matter of official record.

10.  Army Regulation 672-5-1 (Military Awards) in effect at the time of the applicant’s active duty service provided policy and criteria concerning individual military decorations.  It stated that 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 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.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service except that a service school efficiency rating based upon academic proficiency of at least "good" rendered subsequent to 11 November 1956 was not disqualifying.  

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in 
Vietnam.  This document shows that at the time of the applicant’s assignment to Vietnam, his unit was awarded the Republic of Vietnam Gallantry Gross with Palm (RVNGC w/Palm) Unit Citation.  Additionally, he participated in four campaigns while in Vietnam and is authorized to wear four bronze service stars on his already-awarded VSM. 

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record contains sufficient evidence to establish that the applicant was injured in Vietnam as a result of enemy action on 14 August 1968 and that he is entitled to award of the Purple Heart.  Accordingly, it would be in the interest of justice to correct his DD Form 214 at this time.

2.  After carefully examining the applicant’s record of service, it appears that the applicant should have received the GCMDL for his period of service from 19 July 1967 through 7 March 1969.  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 GCMDL and the lack of any specific action by the applicant’s unit commander to disqualify him from receiving the award.  

3.  Additionally, the applicant is entitled to awards of the RVNGC w/Palm Unit Citation and four bronze service stars for wear on his already-awarded VSM.


BOARD VOTE:

____x____  ____x____  ____x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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:

* awarding him the Purple Heart for injuries received in action in Vietnam on 14 August 1968 while serving in the rank of PFC
* awarding him the AGCM for the period of 19 July 1967 to 7 March 1969 in the rank of SP4
* adding the Purple Heart, the AGCM, the RVNGC w/palm Unit Citation and four bronze service stars for wear on his already-awarded VSM to his DD Form 214

2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      _______ _   _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)                                         AR20100007750



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100007750



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1