IN THE CASE OF:	  

		BOARD DATE:	  2 September 2010

		DOCKET NUMBER:  AR20100008828 


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 reconsideration of the Army Board for Correction of Military Records (ABCMR) decision denying the inclusion of the Purple Heart on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 1 July 1968.

2.  The applicant states he is not requesting to be awarded the Purple Heart.  He states he was awarded the Purple Heart in the field in the Republic of Vietnam in 1968.  His medal was stolen in a house burglary in 1990 in Garden Grove, CA.  He is requesting only that the Purple Heart be added to his DD Form 214.

3.  The applicant provides copies of:

* his DD Form 214
* a letter, dated 12 June 1969, from the Veterans Administration (VA) [now known as the Department of Veterans Affairs]
* a letter, dated 6 July 2009, from the VA
* a letter, dated 14 October 2009, from the VA
* an article from the Elks Magazine, dated November 2009
* an article from the Veterans of Foreign Wars (VFW) Magazine, dated October 2009


CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20090001143 on 7 July 2009.

2.  The evidence submitted by the applicant with his request for reconsideration is new evidence which requires that his case be reconsidered by the ABCMR.

3.  The applicant's military personnel records show he was inducted into the Army of the United States on 27 September 1966.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

4.  The applicant was assigned to the 1st Battalion, 46th Infantry, in the Republic of Vietnam from 4 October 1967 to 30 June 1968.  He was promoted to sergeant/pay grade E-5 effective 1 May 1968.

5.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) contains the entry "FW right arm" [fragment wound right arm].  The entry is dated 22 March 1968.

6.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 does not show the award of the Purple Heart.

7.  On 1 July 1968, the applicant was released from active duty.  He had completed 1 year, 9 months, and 5 days of active service that was characterized as honorable.

8.  Item 24 (Decorations, Medal, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows the Vietnam Service Medal, National Defense Service Medal, Republic of Vietnam Campaign Medal, and the Combat Infantryman Badge.

9.  There are no orders in the applicant's military service records awarding him the Purple Heart.

10.  The applicant's name does not appear on the Vietnam casualty listing.

11.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Records do not show indiscipline or lost time.  He received conduct and efficiency ratings of "excellent" throughout his service.

12.  Based on the applicant's dates of service in Vietnam, table B-1 of Army Regulation 600-8-22 (Military Awards) shows he participated in the:

* Vietnam Counteroffensive Phase III Campaign (1 June 1967-29 January 1968)
* Tet Counteroffensive Campaign (30 January 1968-1 April 1968)
* Vietnam Counteroffensive Phase IV Campaign (2 April 1968-30 June 1968)

13.  The letter from the VA, dated 14 October 2009, forwarded 15 pages of the applicant's service medical records to him in response to his Privacy Act request. 
A Standard Form 600 (Chronological Record of Medical Care) documenting treatment from 12 January 1967 to 22 March 1968 was included.  This form shows that the applicant was treated for multiple bruises and contusions sustained while on combat patrol on 22 March 1968.  He received many small contusions and two small superficial open wounds resulting from debris or rocks when a round hit a foot away.

14.  Army Regulation 600-200 (Enlisted Personnel Management System), chapter 9 of the version in effect at the time, stated that a brief description of wounds or injuries (including injury from gas) requiring medical treatment received through hostile or enemy action, including those requiring hospitalization, would be entered in item 40 of the DA Form 20.  This regulation further stated that the date the wound or injury occurred would also be placed in item 40.

15.  Army Regulation 600-8-22 contains the Army's awards policy.  Paragraph 
2-8 contains guidance on the award of the Purple Heart.  It states that in order to support award of the Purple Heart, there must be evidence confirming that the wound for which the award is being made was received as a result of enemy action, that it required treatment by medical personnel, and a record of this treatment must have been made a matter of official record.

16.  Army Regulation 672-5-1 (Military 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 the 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.  Service school efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 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.

17.  Army Regulation 600-8-22 authorizes award of a bronze service star based on qualifying service for each campaign listed in appendix B.  The regulation states that authorized bronze service stars will be worn on the appropriate campaign and service medal, which in this case is the Vietnam Service Medal.

18.  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 all units assigned in Vietnam from 8 February 1962 through 28 March 1973 were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he was awarded the Purple Heart and it should be included on his DD Form 214.

2.  The applicant's DA Form 20 shows he received fragment wounds to his right arm on 22 March 1968.  The DA Form 20 is a record of the applicant's history in the Army and an entry for wounds received would not be made on this document without orders or a casualty report.  The DA Form 20 is a source document for completion of the DD Form 214.

3.  The applicant's service medical record shows he was treated on 22 March 1968 for small superficial open wounds resulting from debris or rocks when a round hit one foot away.

4.  In view of the above, there is sufficient evidence to show the applicant was entitled to the award of the Purple Heart in this case.  Therefore, it is appropriate to include it on the applicant's DD Form 214.

5.  The applicant's records do not show indiscipline or lost time, he received conduct and efficiency ratings of "excellent" throughout his military service, and he was promoted to sergeant in less than 2 years.  Therefore, the preponderance of evidence shows the applicant is entitled to the first award of the Army Good Conduct Medal based on completion of qualifying service from 27 September 1966 to 1 July 1968 ending with termination of a period of Federal military service.

6.  The applicant's military personnel records show he participated in three campaigns during his service in Vietnam.  Therefore, he is entitled to three bronze service stars to be worn on his Vietnam Service Medal.

7.  Based on his service in the Republic of Vietnam, the applicant is authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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 was sufficient to warrant amendment of the ABCMR's decision in Docket Number AR20090001143, dated 7 July 2009.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  awarding him the Army Good Conduct Medal for the period of service from 27 September 1966 to 1 July 1968;

	b.  amending item 24 of his DD Form 214 to include the:

* Purple Heart
* Army Good Conduct Medal
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation


	c.  issuing the above medals to the applicant.



      _____________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)                                         AR20100008828



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont