IN THE CASE OF:	  

		BOARD DATE:	  4 May 2011

		DOCKET NUMBER:  AR20100024276 


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 Discharge) be corrected by adding his Purple Heart.

2.  The applicant states he needs the Purple Heart added to his DD Form 214 to assist him with his Department of Veterans Affairs (VA) claim.

3.  The applicant provides his DD Form 214, his Purple Heart certificate, and a printout of a VA Military Service Data Screen.

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’s military records show he was inducted into the Army of the United States on 26 August 1966, and he was awarded military occupational specialty 13A (Field Artillery Basic).  He served in Vietnam from 17 January 1967 to 16 January 1968 and he was assigned to Battery A, 5th Howitzer Battalion, 27th Artillery from 20 January to 19 October 1967, and Battery A, 1st Battalion, 30th Artillery from 23 October 1967 to 11 January 1968.

3.  On 4 January 1968, a telegram was sent to the applicant's parents informing them that the applicant was slightly wounded on 3 January 1968.  In the telegram it was explained that he was at an artillery firing battery when the area was attacked by hostile rocket and mortar fire, resulting in a metal fragment wound to his head.

4.  The Vietnam casualty list shows the applicant was wounded on 3 January 1968.

5.  On 13 January 1968, the applicant's battalion commander submitted a request to award the applicant the Purple Heart for wounds received as a result of hostile action on 3 January 1968.

6.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his military service. 
His military records do not contain any record of any disciplinary actions being taken against him.  

7.  On 8 August 1968, the applicant was honorably released from active duty.  His DD Form 214 shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, two Overseas Service Bars, and Sharpshooter Marksmanship Qualification Badge (Rifle M-14).

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that A Battery, 1st Battalion, 30th Artillery was awarded the Valorous Unit Award (VUA) for the period 1 through 31 October 1967, a period which included the dates the applicant was assigned to that unit.  That publication also shows the pertinent identified campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.  Those periods are:  the Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967) and the Vietnam Counteroffensive Phase III (1 June 1967 through 29 January 1968).

9.  Department of the Army General Order Number 8, dated 1974, awarded all units assigned to the United States Army Vietnam from 8 February 1962 through 28 March 1973 the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

10.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for wounds sustained 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 a medical officer, and the medical treatment must have been made a matter of official record.

11.  Army Regulation 600-8-22 provides that the Army Good Conduct Medal (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.  A record of punishment is not automatically disqualifying.  However, at that time, a single efficiency rating of less than "excellent" was disqualifying.  Although there is no automatic entitlement to the AGCM, disqualification must be justified.  Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond.  At that time, nonfavorable consideration was normally noted on the DA Form 20.

DISCUSSION AND CONCLUSIONS:

1.  The Vietnam casualty list, the telegram to the applicant's parents, and the applicant's commander's recommendation that the applicant be awarded the Purple Heart is sufficient evidence to support that the applicant was wounded as a result of hostile action on 3 January 1968 and awarded the Purple Heart.

2.  As such, it would be appropriate to now add the Purple Heart to his DD Form 214.

3.  Based upon the applicant's unit of assignment in Vietnam, he is also entitled to the VUA and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

4.  Based upon the applicant's service in Vietnam he is entitled to two bronze service stars to be affixed to his already-authorized Vietnam Service Medal.

5.  In addition, there is no record of any disciplinary action being taken against the applicant and his conduct and efficiency were always rated as "excellent."  Therefore, it would appear that he should have been awarded the AGCM.


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 AGCM for the period 26 August 1966 to 8 August 1968; and

	b.  adding the following awards to his DD Form 214:  the Purple Heart, AGCM, VUA, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and two bronze service stars to be affixed to his already-authorized Vietnam Service Medal.



      _____________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)                                         AR20100024276



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ABCMR Record of Proceedings (cont)                                         AR20100024276



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