IN THE CASE OF:	  

		BOARD DATE:	 16 February 2010

		DOCKET NUMBER:  AR20100021150 


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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Separation) be corrected to show award of the Purple Heart.  In addition, he requests a Purple Heart certificate be issued to him.

2.  The applicant states he received the Purple Heart for injuries he incurred while in the Republic of Vietnam.  He states he has the Purple Heart medal and would like his DD Form 214 corrected to show this award.  In addition, he states he would like a Purple Heart certificate issued to him.  

3.  The applicant provides the following documentary evidence in support of his application:

* DA Form 8-275-2 (Clinical Record Cover Sheet), dated 12 July 1968
* Standard Form (SF) 592 (Narrative Summary), dated 16 May 1968
* DD Form 214 with a separation date of 18 July 1968
* Department of Veterans Affairs letter, dated 6 December 2006

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 29 September 1966 for a 2-year period.  He completed his initial entry training and was awarded military occupational specialty 11B (Light Weapons Infantryman).  The highest rank he attained was sergeant (SGT) temporary/pay grade E-5.

3.  The applicant served in the Republic of Vietnam from 4 October 1967 to 15 May 1968 with Company A, 1st Battalion, 46th Infantry, 198th Infantry Brigade.  Per item 38 (Record of Assignments) of his DA Form 20, he was in a patient status on 16 May 1968 assigned to the Medical Hold Detachment, U.S. Army Hospital, Ryukyu Islands. 

4.  The applicant was honorably released from active duty on 18 July 1968 and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining statutory military service obligation.  The DD Form 214 he was issued confirms he competed 1 year, 9 months, and 20 days of total active service with 9 months and 15 days of foreign service.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) does not show award of the Purple Heart.  This form shows he received the following awards:

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

6.  Item 40 (Wounds) of the applicant's DA Form 20 does not show an entry for wounds received in hostile action.

7.  The medical record filed in his personnel service record and also provided by the applicant shows he was wounded by an AK47 gunshot to his right foot, left arm and left hand on 12 May 1968 near Da Nang in the Republic of Vietnam.  This record shows the U.S. Army Hospital Ryukyu Islands awarded the applicant the Purple Heart by the publication of General Order Number 83, dated 28 May 1968.  This order was not found within his personnel service record.

8.  A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to show the general orders that announced award of the applicant's Purple Heart. 

9.  The applicant's name is listed on the Vietnam casualty roster as being wounded in action during combat operations on 12 May 1968.  

10.  The applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar on 19 September 1967 by Special Orders Number 56 issued by 198th Infantry Brigade, Fort Hood, TX.

11.  He received "excellent" conduct and efficiency ratings throughout his service.  His military personnel records do not show any time lost or record of nonjudicial punishment under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ), and no record of court-martial.  There is an annotation that states he was eligible for reenlistment.

12.  References:

   a.  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 four campaigns:

* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968
* Tet Counteroffensive (30 January - 1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April - 30 June 1968)

	b.  Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam 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.

	c.  Army Regulation 672-5-1 (Awards), in effect at the time, stated 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; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; 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.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  Ratings of "Unknown" for portions of the period under consideration were not disqualifying.  There must have been no convictions by a court-martial.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's name is listed on the Vietnam casualty roster showing he was  wounded in action by hostile fire on 12 May 1968.  His medical record shows that General Order Number 83 issued on 28 May 1968 by the U.S. Army Hospital Ryukyu Islands awarded him the Purple Heart.  A thorough search of his records and electronic databases failed to produce a copy of this order.  Therefore, based on his name being listed on the Vietnam casualty roster as wounded in action, it would be appropriate to correct his record to show he received the Purple Heart.  In addition, as he requested a Purple Heart certificate it would be appropriate to prepare this certificate with the aforementioned data, as it is probable the certificate was misplaced as he transitioned through the medical evacuation process.

2.  Based on the applicant's “excellent” conduct and efficiency ratings, and the absence of evidence showing disqualification, and his completion of a qualifying period of service from 29 September 1966 and 18 July 1968, he appears eligible for the first award of the Army Good Conduct Medal.  Therefore, he is entitled to award of the Army Good Conduct Medal (1st award) and correction to his DD Form 214.

3.  Special orders show the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  Therefore, he is entitled to a correction of his record to show this marksmanship qualification badge.

4.  During the applicant's assignment in Vietnam, his unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

5.  The applicant participated in three campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to three bronze service stars to be affixed to his previously-awarded Vietnam Service Medal.



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 Army Good Conduct Medal for his period of service from 29 September 1966 to 18 July 1968;
   
   b.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal; and
   
   c.  adding to item 24 of his DD Form 214 the:
   
* Purple Heart 
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

d.  issuing him a Purple Heart award certificate showing he was wounded in action on 12 May 1968.



      _______ _   _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)                                         AR20100021150





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ABCMR Record of Proceedings (cont)                                         AR20100021150



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