IN THE CASE OF:	  

		BOARD DATE:	  8 February 2011

		DOCKET NUMBER:  AR20100018921 


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 that his award of the Purple Heart be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states he was awarded the Purple Heart as the result of an explosion from a mine that his tank hit in 1968 and he was hospitalized in Vietnam.

3.  The applicant provides a copy of his 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.  The applicant was inducted into the Army of the United States in Dallas, Texas, on 27 October 1966.  He completed his basic training at Fort Polk, Louisiana, and was transferred to Fort Hood, Texas, for assignment and training as an armor intelligence specialist with Troop A, 1st Squadron, 1st Cavalry.

3.  On 10 August 1967, he was transferred to Vietnam with his unit.  He was advanced to pay grade E-4 on 14 March 1968.

4.  On 19 March 1968, he was wounded when the tank he was riding in hit an enemy mine.  He was initially evacuated to the USS Repose Hospital Ship and then to the 67th Evacuation Hospital for treatment of broken ribs, laceration of the left parietal scalp, and loose teeth.  A clinical record coversheet contained in his records indicates a Purple Heart was awarded on the USS Repose, but the date and orders number were not known.  The applicant is listed on the Vietnam casualty listing as being wounded on 19 March 1968.

5.  The applicant participated in four campaigns and departed Vietnam on 9 August 1968.  He was transferred to Fort Lewis, Washington, where he was released from active duty as an overseas returnee.  He completed 1 year, 9 months, and 13 days of total active service.  His DD Form 214 issued at the time of his separation reflects that he was awarded the National Defense Service Medal, Combat Infantryman Badge, Vietnam Service Medal (VSM), Republic of Vietnam (RVN) Campaign Medal, Bronze Star Medal (BSM), and the Army Commendation Medal.

6.  A review of his records shows he was awarded the BSM with "V" Device for heroism on 27 February 1968.

7.  A review of his records shows he had "excellent" conduct and efficiency ratings throughout his service and his record is void of any derogatory information that would disqualify him for award of the Army Good Conduct Medal (AGCM).

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It shows that the applicant's unit was awarded the Valorous Unit Award (VUA) and the RVN Gallantry Cross with Palm Unit Citation during the period he was assigned to the unit.



9.  Army Regulation 600-8-22 states the Purple Heart is awarded for a wound sustained 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.

10.  Army Regulation 600-8-22 states the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying 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.  Although there is no automatic entitlement to the AGCM, disqualification must be justified.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was wounded in Vietnam and the evidence of record shows he was evacuated for medical treatment.  Therefore, given the evidence in his records that shows the Purple Heart was awarded, he is entitled to have that award added to his records at this time.

2.  The applicant was awarded the BSM with "V" Device; however, his DD Form 214 only reflects the award of the BSM.  Accordingly, his records should be corrected to reflect the award of the BSM with "V" Device.

3.  A review of his records shows the applicant had "excellent" conduct and efficiency ratings throughout his service and his records contain no derogatory information that would disqualify him for award of the AGCM.  Therefore, it must be presumed that the failure to award him the AGCM was the result of an administrative error.  Accordingly, it would be in the interest of justice to award him the AGCM for the period 27 October 1966 to 9 August 1968.

4.  The applicant served during four campaigns while in Vietnam and is entitled to be awarded four bronze service stars for wear on his already-awarded VSM.

5.  The applicant's unit was also subsequently awarded the VUA and the RVN Gallantry Cross with Palm Unit Citation during the period he served with the unit.  Accordingly, those awards should be added at this time.



BOARD VOTE:

____X___  ___X____  ____X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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:

* awarding him the AGCM for the period 27 October 1966 through 9 August 1968 while serving in the rank and grade of specialist four/E-4
* deleting his awards of the BSM and VSM from his DD Form 214
* adding his awards of the Purple Heart, BSM with "V" Device, AGCM, VSM with four bronze service stars, VUA, and RVN Gallantry Cross with Palm Unit Citation to his DD Form 214

2.  The Board wants the applicant and all others to know the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      _____________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)                                         AR20100018921



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ABCMR Record of Proceedings (cont)                                         AR20100018921



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