IN THE CASE OF:	  

		BOARD DATE:	  21 December 2010

		DOCKET NUMBER:  AR20100012283 


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 he was never awarded the Purple Heart.

3.  The applicant provides a copy of a Western Union telegram, dated 
11 September 1968, stating he was wounded as a result of hostile action.

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:

	a.  he enlisted in the Regular Army on 4 January 1967, completed his initial training, and was awarded military occupational specialty 11B (Light Weapons Infantryman);

	b.  on 31 January 1968, he was assigned to A Company, 1st Battalion, 61st Infantry Regiment, Fort Carson, Colorado in MOS 11B with duties as a machine gunner.

	c.  on or about 28 March 1968, the applicant was assigned as a grenadier with C Company of the same battalion;

	d.  on 20 April 1968, Special Orders Number 111, Fort Carson, awarded the applicant the Gunner 1st Class [Sharpshooter] Marksmanship Qualification Badge with Machinegun Bar; and

	e.  on 25 July 1968, the applicant arrived with his unit in the Republic of Vietnam.

3.  A casualty message, dated September 1968, reported the applicant received shrapnel wounds to the left side of his chest as a result of an enemy artillery attack.

4.  A Western Union Message, dated 11 September 1968 from The Adjutant General, U.S. Army, informed the applicant's parents that he was slightly wounded on 9 September 1968 as a result of enemy action and he was hospitalized in the Republic of Vietnam.

5.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

	a.  Item 38 (Record of Assignments) all conduct and efficiency ratings as "excellent"; and

 	b.  Item 40 (Wounds) "S.W. left side of chest 10 Sep68";

6.  On 3 August 1969, the applicant was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement).  He had attained the rank of sergeant, pay grade E-5, and completed 2 years and 
7 months of creditable active service.


7.  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 Campaign Medal, Vietnam Service Medal, Combat Infantryman Badge, Bronze Star Medal, and the Expert Marksmanship Qualification Badge with Rifle Bar.

8.  References:

	a.  Army Regulation 600-8-22 (Military Awards) provides for award of the Purple Heart to a member of the Armed Force or any civilian national of the United States who, while serving in any capacity with one of the U.S. Armed Services after 5 April 1917, has been wounded or killed, or who has died or may die after being wounded in any action against an enemy of the U.S.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

	b.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the following four campaigns: Vietnam Counteroffensive, Phase V; Vietnam Counteroffensive, Phase VI; Tet 69 Counteroffensive; and the Vietnam Summer-Fall 1969.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

	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 1st Battalion, 61st Infantry Regiment, during the time of the applicant's assignment, was cited in General Orders Number 43, dated in 1970, for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

   d.  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.  Ratings of "unknown" for portions of the period under consideration are not disqualifying.  Service school efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 are not disqualifying.

DISCUSSION AND CONCLUSIONS:

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

2.  There are no general orders available showing the applicant was awarded the Purple Heart.  However, the applicant's records clearly show he was wounded as a result of enemy action on 9 September 1968 and received medical treatment for his wounds.  Therefore, the applicant's records should be corrected to show award of the Purple Heart.

3.  The applicant’s records clearly show he distinguished himself in the performance of his military service by attaining the rank of sergeant, pay grade E-5 and achieving all "excellent" ratings for conduct and efficiency.  Therefore, it is presumed that he did not receive the Army Good Conduct Medal due to an oversight.  Accordingly, he should be awarded this medal.

4.  Records show the applicant participated in four campaign periods during his service in the Republic of Vietnam.  Therefore, he is eligible for award of four bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

5.  The applicant's unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his records should be corrected to show this foreign unit award.

6.  Orders awarded him the Gunner 1st Class [Sharpshooter] Marksmanship Qualification Badge with Machinegun Bar.  This award should be added to his DD Form 214.

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 Good Conduct Medal for the period 4 January 1967 to 
3 August 1969 and the Purple Heart for wounds received as a result of hostile fire on 9 September 1968; and 

	b.  adding the following awards to the list shown on his DD Form 214:  the Purple Heart, Good Conduct Medal, four bronze service stars to be affixed to his already-awarded Vietnam Service Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar.




      _______ _   _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)                                         AR20100012283



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ABCMR Record of Proceedings (cont)                                         AR20100012283



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