IN THE CASE OF:	  

		BOARD DATE:	    16 September 2010

		DOCKET NUMBER:  AR20100009500 


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:

* according to his medical records he should be awarded the Purple Heart due to the fact that his assistant gunner sat down on a land mine and he was about 20-30 feet from him and some shrapnel hit him
* he still has some shrapnel in his left hand
* he was told he would get a Purple Heart for this and his medical records also show he should be awarded the Purple Heart
* he never received the Purple Heart

3.  The applicant provides:

* Standard Form 502 (Clinical Record Narrative Summary), dated 11 November 1968
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* letter from a Member of Congress, dated 10 May 2010

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 30 November 1967.  He arrived in Vietnam on 20 May 1968.  He served as a light weapons infantryman assigned to Company A, 4th Battalion, 3rd Infantry, 11th Infantry Brigade, in Vietnam from 1 June 1968 through 13 May 1969.  On 28 November 1969, the applicant was released from active duty in the temporary rank of sergeant after completing 2 years of creditable active service with no time lost.

3.  The applicant's DD Form 214 shows the National Defense Service Medal, Combat Infantryman Badge, one overseas service bar, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Marksman Marksmanship Qualification Badge with Automatic Rifle Bar (M-16), Army Commendation Medal, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) as authorized awards.

4.  The applicant's DA Form 20 (Enlisted Qualification Record) does not show award of the Purple Heart in item 41 (Awards and Decorations) and item 40 (Wounds) is blank.  The applicant's name does not appear on the Vietnam casualty roster.

5.  There are no orders for the Purple Heart in the available records.
 
6.  In support of his claim, the applicant provided a clinical record from the 11th Light Infantry Brigade Clearing Station, dated 11 November 1968, which states the applicant wounded his hand while jumping for cover 2 days prior to his admission on 8 November 1968 and an x-ray revealed a metal fragment in his hand.  This clinical record also shows the physician recommended that the Purple Heart be awarded and noted it was not done by the clearing station.

7.  Records show the applicant participated in four campaigns during his assignment in Vietnam.

8.  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.  His records show he received conduct and efficiency ratings of "excellent" throughout his service.

9.  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 the 4th Battalion, 3rd Infantry, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 2, dated 1971.

10.  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 military personnel, and the medical treatment must have been made a matter of official record.

11.  Army Regulation 672-5-1 (Military Awards), in effect at the time, 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.

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

DISCUSSION AND CONCLUSIONS:

1.  The 1968 clinical record provided by the applicant which shows the attending physician recommended the applicant be awarded the Purple Heart for wounds received in action in Vietnam on 6 November 1968 is accepted as sufficient evidence on which to base award of the Purple Heart.

2.  The applicant was released from active duty in the temporary rank of sergeant with 2 years of creditable active service with no time lost.  His records show he received "excellent" conduct and efficiency ratings throughout his service with no disciplinary actions or a commander's disqualification.  It appears the applicant met the eligibility criteria for the first award of the Army Good Conduct Medal for the period 30 November 1967 through 28 November 1969 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he should be awarded the Army Good Conduct Medal and his DD Form 214 should be corrected to show this award.

3.  The applicant participated in four campaigns during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with four bronze service stars.  Therefore, his DD Form 214 should be corrected accordingly.

4.  The applicant's unit was cited in orders for the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it.  Therefore, his DD Form 214 should be corrected to show this unit award.

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 in Vietnam on 6 November 1968;

	b.  awarding him the first award of the Army Good Conduct Medal for the period 30 November 1967 through 28 November 1969; and



	c.  adding the Purple Heart, Army Good Conduct Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and four bronze service stars for wear on his already-awarded Vietnam Service Medal to his DD Form 214.



      __________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)                                         AR20100009500



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ABCMR Record of Proceedings (cont)                                         AR20100009500



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