IN THE CASE OF:	  

		BOARD DATE:	  17 August 2010

		DOCKET NUMBER:  AR20100008908 


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 for wounds received in Vietnam on 18 July 1967.

2.  The applicant states that he was wounded in Vietnam on 18 July 1967 and never received a Purple Heart.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), a DD Form 1380 (U.S. Field Medical Card) of which the original is filed in his official records, and a copy of a Standard Form 600 (Chronological Record of Medical Care) showing he was admitted to the 50th Medical Company on 18 July 1967 for treatment of superficial fragment wounds to his right post chest.  It also shows the stitches were removed on 4 August 1967.

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 Indianapolis, Indiana, on 10 January 1967.  He completed his basic training at Fort Campbell, Kentucky, and his advanced individual training as a light weapons infantryman at Fort Polk, Louisiana, before being transferred to Vietnam on 15 June 1967.

3.  He was assigned to Company B, 2d Battalion, 28th Infantry Regiment, and was advanced to pay grade E-3 on 18 June 1967.  On 18 July 1967, the applicant was on patrol when he received fragment wounds to the right side of the chest as a result of enemy action.  He was treated at the 50th Medical Company (wound debridement, sutures and antibiotics) and was returned to duty.

4.  On 13 December 1967, he was transferred to Okinawa for duty as an administrative specialist.  He remained in Okinawa until 2 January 1969, when he was transferred to Oakland Army Base, California, and was honorably released from active duty (REFRAD) as an overseas returnee in the temporary rank of specialist five.  He had served 1 year, 11 months, and 23 days of total active service and his DD Form 214 issued at the time of his REFRAD shows he was awarded the National Defense Service Medal, the Combat Infantryman Badge, and the Vietnam Service Medal (VSM).

5.  A review of his records shows he received "excellent" conduct and efficiency ratings throughout his service and his record is void of any derogatory information that would serve to disqualify him for award of the Army Good Conduct Medal (AGCM).  Additionally, there is no evidence to show he was ever awarded the Purple Heart.

6.  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 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.  

7.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided policy and criteria concerning service medals.  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; 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.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service and there must have been no convictions by court-martial.

8.  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 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) indicates that subsequent to the applicant's departure from Vietnam, his unit was awarded the Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation for the period he served with the unit.  Additionally, the applicant participated in one campaign while assigned to Vietnam and thus is entitled to be awarded one bronze service star for wear on his already-awarded VSM.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he is entitled to award of the Purple Heart has been noted and found to have merit.  The applicant was wounded on 18 July 1967 as a result of enemy action and treatment was rendered for that wound.  Accordingly, he is entitled to be awarded the Purple Heart.

2.  After carefully examining the applicant's record of service, it appears the applicant should have received the AGCM for his service from 10 January 1967 to 2 January 1969.  This conclusion is based on the fact that his record is void of any derogatory information which would preclude the applicant from being awarded the AGCM and the lack of any specific action by the applicant's unit commander to disqualify him from receiving the award.

3.  The evidence suggests that the applicant not receiving the AGCM was likely the result of an administrative error as opposed to being the result of a conscious disqualification by any of the unit commanders for which he served.  Therefore, in the interest of justice, this error should be corrected and the applicant should be awarded the AGCM at this time.

4.  Additionally, the applicant's unit was subsequently awarded the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation and he is entitled to one bronze service star for wear on his VSM for his campaign participation.  Accordingly, he is entitled to those awards as well and to have his records corrected to reflect those 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:

* awarding him the Purple Heart for wounds received in action against the enemy on 18 July 1967 while serving in the rank of private first class
* awarding him the AGCM for the period 10 January 1967 to 2 January 1969 while serving in the rank of specialist five
* amending his DD Form 214 to add the RVN Gallantry Cross with Palm Unit Citation, the RVN Civil Actions Honor Medal First Class Unit Citation, and one bronze service star for wear on his already-awarded VSM



      _______ _   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)                                         AR20100008908



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ABCMR Record of Proceedings (cont)                                         AR20100008908



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