IN THE CASE OF:	  

		BOARD DATE:	  12 October 2010

		DOCKET NUMBER:  AR20100010712 


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 that his DD Form 214 does not show his award of the Purple Heart.  He contends that his commanding officer gave him the Purple Heart while he was a patient at Long Binh Hospital in July 1967.  He still has the Purple Heart in his possession.

3.  The applicant provides a copy of his DD Form 214 and a letter he wrote to his wife in July 1967, with the envelope.

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.  Evidence of record and background information:

	a.  On 20 September 1965, the applicant was inducted into the Army of the United States for 2 years.  He completed his initial training and he was awarded military occupational specialty (MOS) 13B (Field Artillery).

	b.  On or about 12 July 1966, the applicant departed Fort Benning, GA, for duty in the Republic of Vietnam.

	c.  On 22 August 1966, the applicant was assigned for duty as a cannoneer with A Battery, 6th Battalion, 27th Artillery Regiment, in the Republic of Vietnam.

	d.  On 15 August 1967, the applicant returned to the United States.

	e.  On 20 August 1967, the applicant underwent a physical examination for separation from active duty.  The examining physician noted in Item 73 (Notes) of the Standard Form (SF) 88 (Report of Medical Examination) that the applicant had shrapnel in his left shoulder, back, and left arm.

	f.  On 20 August 1967, the applicant was released from active duty and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.  He had attained the rank/grade of specialist four (SP4)/E-4, and he had completed 1 year, 11 months, and 1 day of creditable active duty service.

	g.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

	h.  The applicant’s name is not listed on the Vietnam Casualty Roster.

	i.  Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his service.  The applicant’s records do not contain any evidence of disciplinary action.  There is no evidence to show that the commander took any action to deny him the Army Good Conduct Medal.

	j.  Item 40 (Wounds) of the applicant’s DA Form 20 is blank.


3.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders for the Purple Heart pertaining to the applicant.

4.  The applicant's evidence:

	a.  indicates that on 17 July 1967, he wrote a letter to his wife;

	b.  shows the envelope was posted on 19 July 1967 with a return address of the 27th Artillery Regiment and "free" postage as was normal in a war zone; and

	c.  states, in essence, that he had been slightly wounded by shrapnel from an incoming mortar; but, was alright and would be home as scheduled the next month.  He told his wife he got a Purple Heart and that she was not to worry.

5.  References:

	a.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained while in action against an enemy or 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.

	b.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, the applicant participated in the following two campaigns:

* Vietnam Counteroffensive Phase (1 July 1966 - 31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)

	c.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that the 6th Battalion, 27th Artillery Regiment, during the time of the applicant's assignment, was cited for the Meritorious Unit Commendation during the period January – October 1966 by Department of the Army General Orders (DAGO) Number 17, dated in 1968.


	d.  DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service in Vietnam to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

	e.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to enlisted Soldiers who had completed a qualified period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Purple Heart.

2.  There are no general orders that show the applicant was awarded the Purple Heart and the applicant's name is not listed on the Vietnam Casualty Roster.  However, in the letter the applicant wrote to his wife on 17 July 1967 he states he was wounded by an enemy mortar and he received the Purple Heart.  The record of his medical examination on 20 August 1967 shows he had shrapnel in his shoulder, back, and arm.  This is very convincing evidence that he did receive wounds from a mortar.  Therefore, his DD Form 214 should be corrected to show award of the Purple Heart.

3.  The applicant’s records clearly show that he distinguished himself in the performance of his military service as evidenced by his attaining the rank/grade of SP4/E-4 and receiving "excellent" conduct and efficiency ratings throughout his service.  Therefore, it is presumed that his not receiving an Army Good Conduct Medal for his service was an administrative oversight.  Accordingly, he should be awarded the Army Good Conduct Medal (1st Award) and his DD Form 214 should be corrected to show this award.

4.  Records show the applicant participated in two campaign phases during his service in the Republic of Vietnam.  Therefore, he is eligible for award of two bronze service stars for wear on his already-awarded Vietnam Service Medal.

5.  The applicant's unit was cited in general orders for award of the Meritorious Unit Commendation.  Therefore, his records should be corrected to show this unit award.

6.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to Headquarters, United States Army Vietnam and its subordinate units for service in Vietnam during the period 20 July 1965 to 28 March 1973.  Therefore, he entitled to correction of his DD Form 214 to show this foreign unit award.

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:

	a.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period
20 September 1965 through 20 August 1967; and

	c.  adding to item 24 of his DD Form 214 the Purple Heart, Amy Good Conduct Medal (1st Award), Vietnam Service Medal with two bronze service stars, Meritorious Unit Commendation, and the Republic of Vietnam 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)                                         AR20100010712



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ABCMR Record of Proceedings (cont)                                         AR20100010712



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