IN THE CASE OF:	  

		BOARD DATE:	  31 March 2011

		DOCKET NUMBER:  AR20100023323 


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 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 for wounds received in Vietnam and it is not listed on his DD Form 214.

3.  The applicant provides a copy of his DD Form 214 and his Purple Heart Certificate issued on 6 November 1968 for wounds received on 23 October 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 in Oakland, California on 31 October 1967 for a period of 2 years.  He completed the training requirements and he was awarded military occupational specialty 11B (Light Weapons Infantryman).  On 27 April 1968, he was transferred to Vietnam and assigned to Company A, 2d Battalion, 501st Infantry Regiment with duties as a rifleman on    9 May 1968.

3.  His record shows on 23 October 1968 he was wounded as a result of hostile action.  He received fragment wounds to both legs and the nose while on a combat operation when hit by fragments from a hostile grenade.  He was medically evacuated to Madigan General Hospital, Tacoma, Washington on 14 November 1968. 

4.  On 10 March 1969, he was reassigned to Fort Lewis, Washington where he remained until he was honorably released from active duty (REFRAD) on 31 October 1969 due to the expiration of his term of service.  He had served 
2 years and 1 day of active service and his DD Form 214 issued at the time of his REFRAD reflects that he was awarded the National Defense Service Medal, Vietnam Service Medal (VSM), Combat Infantryman Badge, Vietnam Campaign Medal, and his marksmanship badges. 

5.  A review of his records and a search 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 U.S. Army Human Resources Command failed to reveal a copy of orders awarding him the Purple Heart.  However, his name is contained on the Vietnam Casualty Listing as being wounded on 23 October 1968.

6.  His records also show he served in three campaigns in Vietnam and he had "excellent" conduct and efficiency ratings throughout his service.  His records are also void of any derogatory information that would serve to disqualify him for award of the Army Good Conduct Medal (AGCM).

7.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify the wound was the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record.

8.  Army Regulation 600-8-22 states a bronze service medal is worn on the appropriate service medal, to include the Vietnam Service Medal, for each campaign participation credit.

9.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM 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.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during the applicant's assignment his unit was cited for award of the Republic of Vietnam Gallantry Cross (RVNGC) with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class (RVNCAHM-FC) Unit Citation.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that the Purple Heart should be added to DD Form 214 has been considered and found to have merit.  Although there are no orders available, there is sufficient evidence to support his contention that he was wounded on 23 October 1968.  It is reasonable to presume given the available evidence that he was in fact awarded the Purple Heart.  Accordingly, the Purple Heart should be added to his DD Form 214 at this time.

2.  A review of the applicant's records show he had "excellent" conduct and efficiency ratings throughout his service and his records contain no derogatory information that would serve to disqualify him for the AGCM (1st Award).  Therefore, it appears that the failure to award him the AGCM (1st Award) was the result of an administrative error.  Accordingly, it would be in the interest of justice to award him the AGCM (1st Award) for the period 31 October 1967 to 
31 October 1969 and to correct his DD Form 214 to show this medal.

3.  Additionally, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation were awarded to his unit during his period of service in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

4.  The applicant also participated in three campaigns in Vietnam; therefore, he is entitled to three bronze service stars for wear on his already-awarded VSM and correction of his DD Form 214 to show these bronze service stars.



BOARD VOTE:

____X____  ____X____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1. 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 (1st Award) for the period
31 October 1967 to 31 October 1969.

b.  Deleting the VSM from his DD Form 214.

   c.  Adding the following awards to his DD Form 214:

* Purple Heart
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* VSM with three bronze service stars
* Army Good Conduct Medal (1st Award) 

2.  The Board wants the applicant and all others to know that 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)                                         AR20100023323



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ABCMR Record of Proceedings (cont)                                         AR20100023323



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