IN THE CASE OF:	  

		BOARD DATE:	  18 January 2011

		DOCKET NUMBER:  AR20100017834 


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 (PH).

2.  He states he was awarded the PH for injuries sustained while in Vietnam; however, he was never issued any documentation to verify this award.

3.  He provided copies of the following documentation in support of his request:

* A Standard Form (SF) 502 (Clinical Record - Narrative Summary), dated
6 December 1968
* An extract of his military medical treatment record
* A DD Form 214

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.  His records show he was inducted into the Army of the United States on 
29 June 1967.  Upon completion of basic combat and advanced individual training, he was awarded military occupational specialty 11B (Light Weapons Infantryman).  

3.  His DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 25 July through 6 December 1968.

4.  Item 38 (Record of Assignments) of his DA Form 20 shows he was assigned to Company B, 1st Battalion, 61st Infantry Regiment during the period 25 July to 5 December 1968.  He was transferred to the Medical Holding Detachment, 249th General Hospital, Japan, on 6 December 1968.
   
5.  Item 40 (Wounds) of his DA Form 20 indicates he received fragment wounds to his abdomen and both legs on 6 December 1968.

6.  Item 41 (Awards and Decorations) of his DA Form 20 shows he was awarded the:

* National Defense Service Medal
* Vietnam Service Medal 
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

7.  His records contain a copy of a Western Union Telefax, dated 6 December 1968.  This message shows that on 5 December 1968, he was slightly wounded in Vietnam as a result of hostile action.  He received fragment wounds to the abdomen and both legs from a hostile booby trap during a combat operation.  He was treated and hospitalized as a result of his wounds.

8.  He provided a copy of an SF 502 which shows he was admitted to the U.S. Naval (USN) Hospital, AH-17 (USS Sanctuary) on 6 December 1968.  He sustained multiple fragment wounds of the abdomen and lower extremities on 
4 December 1968 as a result of a mortar round.  He was treated and later released on 14 December 1968.

9.  His DD Form 214 shows he was honorably released from active duty on 
24 April 1969 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) for completion of his Reserve obligation.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the:

* National Defense Service Medal
* Vietnam Service Medal 
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge

10.  His name is on the Vietnam casualty roster as having been wounded as a result of hostile action on 5 December 1968.  This entry also shows he was hospitalized as a result of his wounds. 

11.  A review of the Awards and Decorations Computer-Assisted Retrieval System, 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 awarding the applicant the PH. 

12.  A review of his records indicates entitlement to additional awards which are not shown on his DD Form 214.

13.  His record is void of documentation showing he was recommended for or awarded the first award of the Army Good Conduct Medal (AGCM).  Item 38 of his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his service.  There is no record of a court-martial.  His record is also void of any derogatory information that could serve to disqualify him for this award.

14.  Army Regulation 672-5-1 (Awards and Decorations), in effect at the time, provided that the 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.

15.  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 during the period of his assignment with 


Company B, 1st Battalion, 61st Infantry Regiment, his unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period
26 August - 2 November 1968 by Headquarters, Department of the Army, General Orders Number 43, dated 1970.

16.  Army Regulation 600-8-22 (Military Awards), 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 V (1 July - 1 November 1968)
* Vietnam Counteroffensive, Phase VI (2 November 1968 - 22 February 1969) 

17.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provided, in pertinent part, for award of the PH.  The regulation stated that authority to award the PH was delegated to hospital commanders.  Further, it directed that all personnel treated and released within 24 hours will be awarded the PH by the organization to which the individual is assigned.  Personnel requiring hospitalization in excess of 24 hours or evacuation from Vietnam will be awarded the PH directly by the hospital commander rendering treatment.

18.  Army Regulation 600-8-22 states that the PH 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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was wounded on 5 December 1968 as a result of hostile action.  His wounds required treatment by medical personnel and the medical treatment was made a matter of official record.  

2.  USARV Regulation 672-1 states the hospital commander will award the PH to personnel hospitalized for more than 24 hours.  It appears an administrative oversight occurred which resulted in him not being awarded the PH.  Therefore, it would be appropriate to award him the PH and to correct his DD Form 214 to show this award.


3.  The applicant received "excellent" conduct and efficiency ratings throughout his service, there is no record of a court-martial conviction, and there is no record of any adverse information that would disqualify him from being awarded the first award of the Army Good Conduct Medal.  Therefore, he should be awarded the first award of the Army Good Conduct Medal and his DD Form 214 should be corrected to show this award.

4.  He participated in two designated campaign phases during his service in Vietnam.  Therefore, he is entitled to two bronze service stars for wear on his already-awarded the Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

5.  General orders awarded his unit the RVN Gallantry Cross with Palm Unit Citation.  Therefore, it would be appropriate to correct his DD Form 214 to show this unit award.

6.  He also qualified as a marksman with the M-14 rifle and as a sharpshooter with the M-16 rifle.  Therefore, his DD Form 214 should be corrected to show the appropriate marksmanship qualification badges.

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 Purple Heart for wounds received as a result of hostile action on 5 December 1968;


	c.  awarding him the Army Good Conduct Medal (First Award) for the period 29 June 1967 through 24 April 1969; and

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

* Purple Heart
* Army Good Conduct Medal (first award)
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation 
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)



      _________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)                                         AR20100017834



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ABCMR Record of Proceedings (cont)                                         AR20100017834



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