IN THE CASE OF:	  

		BOARD DATE:	  14 December 2010

		DOCKET NUMBER:  AR20100017089 


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 the record of her late husband, a former service member (FSM), to show award of the Purple Heart.

2.  The applicant states the FSM was shot three times in combat in Vietnam on 24 January 1968.

3.  The applicant provides marriage and death certificates, documents from the Department of Veterans Affairs, and service and medical records from the FSM's official military personnel file.

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 FSM was inducted into the Army of the United States on 9 September 1966.  He was trained in and awarded military occupational specialty 36K (Tactical Wire Operations Specialist) and assigned for duty in the Republic of Vietnam (RVN).  He was honorably released from active duty on 24 July 1968 after completing 1 year, 10 months, and 16 days of active military service.

3.  His DA Form 20 (Enlisted Qualification Record) shows:

* in item 38 (Record of Assignments) he was assigned for duty in the RVN with Battery B, 2d Battalion, 94th Artillery, from on or about 3 March 1967 to 3 February 1968 
* in item 38 he was assigned to the U.S. Army Medical Detachment, Naval Hospital, Great Lakes, IL, from on or about 5 February 1968 through his release from active duty
* in item 38 he received "excellent" conduct and efficiency ratings for his initial three assignments and that his conduct and efficiency ratings for his final assignment were "unknown"
* in item 41 (Awards and Decorations) he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar, National Defense Service Medal, Vietnam Service Medal (VSM), and RVN Campaign Medal with Device

4.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows the same awards listed in item 41 of his DA Form 20.

5.  The record is void of documentation showing the FSM was awarded the Purple Heart.

6.  A review of the Vietnam casualty roster shows the FSM was wounded in action by hostile small arms fire on 24 January 1968.

7.  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.

8.  A review of the FSM's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the campaign periods for the Vietnam era.  The Vietnam Counteroffensive Phase II and Vietnam Counteroffensive Phase III campaigns coincide with the FSM's period of service in the RVN.

10.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon, in this case the VSM, for each credited campaign.

11.  Army Regulation 672-5-1 (Awards and Decorations), in effect at the time, provided that the Army Good Conduct Medal (AGCM) 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.  Ratings of "unknown" for portions of the period under consideration were not disqualifying.

12.  Department of the Army General Orders Number 32, dated 1973, awarded the Presidential Unit Citation (PUC) (Navy) to the FSM's unit for the period 27 November 1966 to 15 September 1967.

13.  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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record supports the applicant's request for correction of FSM's record to show award of the Purple Heart.

2.  Casualty records show the FSM was wounded by hostile small arms fire and subsequently hospitalized.  Therefore, he is entitled to award of the Purple Heart.

3.  The FSM was awarded the VSM.  His records show he participated in two campaigns while serving in the RVN.  Therefore, he is entitled to two bronze service stars for wear on his previously-awarded VSM.

4.  The evidence of record confirms the FSM served honorably during the period 9 September 1966 to 24 July 1968 and, with the exception of "unknown" ratings during his hospitalization, received "excellent" conduct and efficiency ratings throughout his military service.  Based on his overall record of service it would be appropriate to award him the AGCM based on completion of a qualifying period of Federal military service.  He is entitled to correction of his DD Form 214 to show this award.

5.  General orders confirmed the applicant's unit was awarded the PUC (Navy) and RVN Gallantry Cross with Palm Unit Citation.  The FSM was assigned to the unit during the periods for which the unit received these awards.  Therefore, he is entitled to correction of his record to show the PUC (Navy) and RVN Gallantry Cross with Palm Unit Citation.

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 on 24 January 1968 and AGCM for the period 9 September 1966-24 July 1968,

	b.  deleting the VSM from item 24 of his DD Form 214, and

	c.  adding the following to item 24 of his DD Form 214:

* Purple Heart
* AGCM
* VSM with two bronze service stars


* PUC (Navy)
* 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)                                         AR20100017089



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ABCMR Record of Proceedings (cont)                                         AR20100017089



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