IN THE CASE OF:	  

		BOARD DATE:	  23 September 2010

		DOCKET NUMBER:  AR20100009786 


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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart.

2.  The applicant states the Purple Heart was awarded to him while he was in the hospital in Cam Ranh Bay in the Republic of Vietnam (RVN).

3.  The applicant submits a copy of his DD Form 214 in support of his application.

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's records show he was inducted into the Army of the United States on 7 November 1966.  
3.  Item 31 (Foreign Service) of the applicant's DA Form 20 shows he served in the RVN from 7 May 1967 through 29 November 1967 and was assigned to Headquarters and Headquarters Company, 1st Battalion, 32nd Infantry Regiment, 7th Infantry Division.

4.  Item 40 (wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he received a gunshot wound to the abdomen on 9 June 1967. His DA Form 20 also shows he received all "excellent" conduct and efficiency ratings.

5.  The applicant's name is listed on the Vietnam casualty roster.

6.  On 6 November 1968, the applicant was released from active duty and transferred to the U.S. Army Reserve.  He completed a total of 2 years of net active service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Combat Infantryman Badge, RVN Campaign Medal, Sharpshooter Marksmanship Qualification Badge with Machinegun Bar (M-60), and Expert Marksmanship Qualification Badge with Rifle Bar.

7.  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.

8.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualifying period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.  

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 unit to which the applicant was assigned was cited for award of the Valorous  Unit Award (VUA) for the period 15 November 1967 through 3 February 1968 by Department of the Army General Orders Number 5, dated 1969.  

10.  Department of the Army General Orders Number 8, dated 1974, announced award of the RVN Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.

11.  Appendix B of Army Regulation 600-8-22 lists the campaigns for the Vietnam Conflict.  Based on the applicant's period of service in Vietnam, he participated in the Vietnam Counteroffensive Phase II (1 July 1966–31 May 1967) and the Vietnam Counteroffensive Phase III (1 June 1967–29 January 1968) campaigns. This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's name is listed on the RVN casualty roster for wounds received on 9 June 1967 while serving in the RVN.  The evidence shows he was injured when received a gunshot wound to the abdomen.  Therefore, his record should be corrected to show the award of the Purple Heart.

2.  The available evidence confirms the applicant served in the Army from 
7 November 1966 to 6 November 1968.  His records show that he received "excellent" conduct and efficiency ratings throughout his tenure of service.  There is no evidence of any derogatory information that would have disqualified the applicant from award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award the applicant the Army Good Conduct Medal (1st Award) and correct his DD Form 214 to show this medal.

3.  General orders awarded the applicant's unit the VUA and the RVN Gallantry Cross with Palm Unit Citation during his tenure of assignment.  Therefore, he is entitled to correction of his records to show these unit awards.

4.  Records show the applicant participated in two campaigns during his service in the RVN.  Therefore, he is eligible for award of two bronze service stars to be worn on his already-awarded Vietnam Service Medal.

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 be corrected by:

	a.  awarding the applicant the Army Good Conduct Medal (1st Award) for the period 7 November 1966 through 6 November 1968,

	b.  deleting from item 24 of the applicant's DD Form 214 the Vietnam Service Medal, and

	c.  adding to item 24 of the applicant's DD Form 214 the Purple Heart, Army Good Conduct Medal (1st Award), Vietnam Service Medal with two bronze service stars, VUA, and RVN 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)                                         AR20100009786