IN THE CASE OF:	  

		BOARD DATE:	  22 March 2011

		DOCKET NUMBER:  AR20100023308 


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 award of the Purple Heart.

2.  The applicant states he sustained wounds to the right shoulder in January 1968.

3.  The applicant provides a copy of what appears to be a photograph of a plaque listing him as wounded in action on 31 January 1968.

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 enlisted in the Regular Army on 15 September 1966.  He completed training as a military policeman and he served in Vietnam from 22 February 1967 to 17 February 1968.
3.  His DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 29 (Qualification in Arms) he qualified as a sharpshooter with the
M-14 Rifle and as an expert with the .45 caliber pistol;

   b.  item 38 (Record of Assignments) he was assigned to Company C, 716th Military Police (MP) Battalion in Vietnam from 22 February 1967 to 17 February 1968 and that he receive "excellent" conduct and efficiency ratings throughout his active service

   c. item 40 (Wounds) the entry "Open wounds in back and shoulder,
31 January 1968; and

   d.  item 41 (Awards and Decorations) shows the:

* Vietnam Service Medal
* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* two Overseas Service Bars
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

4.  There is no record of any disciplinary actions or a commander's disqualification for the Army Good Conduct Medal.

5.  An unclassified message to the applicant's command and a Western Union Telefax to the applicant's parents reported he was slightly wounded as a result of hostile action in Vietnam on 31 January 1968.  He received gunshot wounds in the back and right shoulder while engaged in a firefight with a hostile force.  He was hospitalized at the 3rd Field Hospital.

6.  The applicant returned to the United States and following a brief assignment at Fort Knox, KY he was honorably released from active duty on 12 September 1969 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.  He attained the rank/grade of specialist five (SP5)/E-5.

7.  His DD Form 214 (Report of Transfer or Discharge) issued at the time shows in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the:

* National Defense Service Medal
* Vietnam Service Medal


* Republic of Vietnam Campaign Medal with Device (1960)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

8.  A review of The Adjutant General's Office, Casualty Division's Vietnam casualty listing shows the applicant's name as a casualty on 31 January 1968 under casualty status code "23."  This casualty code refers to "hostile wounded in action, not serious, hospitalized."

9.  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.

10.  Review of the applicant's record indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

	a.  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.  There must have been no convictions by a court-martial.

	b.  Army Regulation 600-8-22, 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 three campaigns:

* Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)
* TET Counteroffensive (30 January - 1 April 1968)

   c.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the 716th MP Battalion was cited for award of the:


* Presidential Unit Citation for the period 31 January through
10 February 1968 by Department of the Army General Order (DAGO) Number 17, dated 1969
* Meritorious Unit Commendation for the period 1 January through
31 October 1968 by DAGO Number 51, dated 1971
* RVN Civil Actions Honor Medal First Class Unit Citation for the period 17 April 1965 through 18 April 1968 by DAGO Number 31, dated 1969

	d.  Department of the Army Pamphlet 672-3, paragraph 6d states that DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam, and its subordinate units, during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  Evidence shows the applicant was hospitalized for wounds received as a result of hostile action in Vietnam.  His name is also listed on the Vietnam casualty listing for being wounded in action on 31 January 1968.  Therefore, he is entitled to award of the Purple Heart and correction of his DD Form 214 to show this award.

2.  The applicant distinguished himself by his conduct, efficiency, and fidelity as evidenced by his exclusively "excellent" conduct and efficiency ratings and his promotion to SP5/E-5.  It appears the failure to award him the first award of the Army Good Conduct Medal was an oversight.  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.

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

4.  The applicant's unit was cited for award of the Presidential Unit Citation, Meritorious Unit Commendation, RVN Gallantry Cross with Palm Unit Citation, and the RVN Civil Actions Honor Medal First Class Unit Citation.  Therefore, his DD Form 214 should be corrected to show these unit awards.

5.  Records show he qualified as an expert with the .45 caliber pistol.  Therefore, his DD Form 214 should be corrected to show this weapon qualification badge.


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 in action on
31 January 1968;

	c.  awarding him the Army Good Conduct Medal (1st Award) for the period  15 September 1966 through 12 September 1969; and

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

* Purple Heart
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with three bronze service stars
* Presidential Unit Citation
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Expert Marksmanship Qualification Badge with pistol Bar (.45 Caliber)



      _________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)                                         AR20100023311



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ABCMR Record of Proceedings (cont)                                         AR20100023308



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