BOARD DATE:	  28 September 2010

		DOCKET NUMBER:  AR20100010920 


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, in effect, correction of his DD Form 214 (Report of Transfer or Discharge) to show award of the Purple Heart, Combat Infantryman Badge, and Army Commendation Medal with "V" Device.

2.  The applicant states he was in combat and was wounded during an ambush at a support base in Vietnam.

3.  The applicant provides:

* DD Form 214
* Honorable Discharge Certificate from the U.S. Army Reserve
* Orders for the Army Commendation Medal with "V" Device and Combat Infantryman Badge
* Reassignment orders
* Letter, dated 5 March 1969
* Medical Condition - Physical Profile Record
* Promotion orders

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 23 February 1967.  He arrived in Vietnam on 13 August 1967.  He served as a light weapons infantryman assigned to Company C, 3rd Battalion, 22nd Infantry of the 25th Infantry Division in Vietnam from 17 August 1967 until he was hospitalized in Japan on 4 March 1968 and transferred to the United States on 12 July 1968.  On 20 February 1969, the applicant was released from active duty in the temporary rank of specialist four after completing 1 year, 11 months, and 28 days of creditable active service with no time lost.  

3.  The applicant's DD Form 214 shows the National Defense Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Vietnam Service Medal with two bronze service stars, two awards of the Overseas Service Bar, Marksman Marksmanship Qualification Badge with Rifle Bar, and Expert Marksmanship Qualification Badge with Rifle Bar and M60 Bar as authorized awards.

4.  Headquarters, 25th Infantry Division Special Orders Number 325, dated 
21 November 1967, show the applicant received the Combat Infantryman Badge. 

5.  There are no orders for the Purple Heart in the available records.  However, a clinical record, dated 6 March 1968, states the applicant was injured as a direct result of hostile enemy action in Vietnam on 6 January 1968.  He was wounded by fragments from a mortar on the right arm. 

6.  Headquarters, 25th Infantry Division General Orders Number 2317, dated 
2 April 1968, show the applicant received the Army Commendation Medal with "V" Device for heroism on 2 January 1968 in Vietnam.
  
7.  There is no evidence the applicant received the first award of the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.  His records show he received conduct and efficiency ratings of "excellent" throughout his service.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows the applicant's unit (3rd Battalion, 22nd Infantry) at the time of his assignment was awarded the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders (DAGO) 48, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by on DAGO 51, dated 1971

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, 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.  

10.  Army Regulation 672-5-1 (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.

DISCUSSION AND CONCLUSIONS:

1.  The clinical record which shows the applicant was injured as a direct result of hostile enemy action in Vietnam on 6 January 1968 is accepted as sufficient evidence on which to base award of the Purple Heart.

2.  Orders show the applicant received the Combat Infantryman Badge and Army Commendation Medal with "V" Device.  Therefore, his DD Form 214 should be corrected to show these awards.

3.  The applicant was separated in the temporary rank of specialist four with almost 24 months of creditable active service with no time lost.  It appears the applicant met the eligibility criteria for the first award of the Good Conduct Medal for the period 23 February 1967 through 20 February 1969 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, his DD Form 214 should be corrected to show this award.

4.  The applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it.  Therefore, his DD Form 214 should be corrected to show these unit 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:

	a.  awarding him the Purple Heart for wounds received in action on 6 January 1968 in Vietnam; 

	b.  awarding him the first award of the Good Conduct Medal for the period 
23 February 1967 through 20 February 1969; and

	c.  adding the Purple Heart, Good Conduct Medal, Combat Infantryman Badge, Army Commendation Medal with "V" Device, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation on 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)                                         AR20100010920





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ABCMR Record of Proceedings (cont)                                         AR20100010920



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