IN THE CASE OF:	  

		BOARD DATE:	  7 April 2011

		DOCKET NUMBER:  AR20100025012 


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

2.  The applicant states, in effect, item 24 of his DD Form 214 does not list his Purple Heart.

3.  The applicant provides his DD Form 214, a Department of Veterans Affairs' statement and a certificate of achievement.

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 records show he was inducted into the Army of the United States on 17 May 1967 and he held military occupational specialty 11B (Light Weapons Infantryman).  He served in Vietnam from 8 November 1967 to 23 March 1968 while assigned to Company C, 3rd Battalion, 8th Infantry, 4th Infantry Division.

3.  His name is listed on the Vietnam casualty roster as wounded in hostile action on 8 March 1968.  There are no orders in his records that show he was awarded the Purple Heart.

4.  He was medically evacuated from Vietnam on 23 March 1968 and assigned to the U.S. Army Hospital, Camp Zama, Japan, for hospitalization and treatment.

5.  He was honorably released from active duty on 17 March 1969 and he was transferred to the U.S. Army Reserve Control Group to complete his remaining Reserve obligation.  He completed 1 year, 10 months, and 1 day of creditable active service with no lost time.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal, Vietnam Service Medal with two bronze service stars, Vietnam Campaign Medal with (1960) Device, Combat Infantryman Badge, 1 Overseas Service Bar, Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), Expert Marksmanship Qualification Badge with Rifle Bar (M-16), and the Expert Marksmanship Qualification Badge with Pistol Bar (.45 Caliber).

7.  His DA Form 20 (Enlisted Qualification Record) shows in:

   a.  Item 29 (Qualification in Arms) he was awarded the Expert Marksmanship Qualification Badge with Mortar Bar on 30 August 1970; and

   b.  Item 38 (Record of Assignments) shows he received all "excellent" conduct and efficiency ratings throughout his period of service.  
   
8.  His record is void of any record of disciplinary actions or a commander's disqualification for award of the Army Good Conduct Medal.

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that 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.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualifying period of active duty enlisted service.  For the first award only, an individual is eligible upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year, ending with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that while he was assigned to Company C, 3rd Battalion, 8th Infantry, this unit was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation (1 October 1966 - 31 October 1969), by Department of the Army General Orders (DAGO) Number 52, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (1 October 1966 - 31 October 1969), by DAGO Number 53, dated 1970
* Presidential Unit Citation (29 October - 30 November 1967), by DAGO Number 38, dated 1971

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was wounded in Vietnam on 8 March 1968 during hostile action and he was treated for those wounds.  Therefore, he is entitled to award of the Purple Heart and correction of his DD Form 214 to show this award.

2.  The evidence of record shows he served honorably from 17 May 1967 through 17 March 1969.  He served in Vietnam and received "excellent" conduct and efficiency ratings throughout his military service.  His record is void of any derogatory information that would have disqualified him from receiving the Army Good Conduct Medal (1st Award).  Therefore, it would be appropriate to award him this medal and correct his DD Form 214 to show the medal.

3.  He was awarded the Expert Marksmanship Qualification Badge with Mortar Bar which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this badge.

4.  General orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Presidential Unit Citation during the period he was assigned to the unit in Vietnam.  Therefore, he is entitled to correction of his 
DD Form 214 to show these unit awards.
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 (1st Award) for exemplary behavior, efficiency, and fidelity during the period 17 May 1967 through 17 March 1969; and

	b.  adding to item 24 of his DD Form 214 the Purple Heart, Army Good Conduct Medal (1st Award), Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Presidential Unit Citation, and the Expert Marksmanship Qualification Badge with Mortar Bar.



      __________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)                                         AR20100025012



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100025012



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1