IN THE CASE OF:	  

		BOARD DATE:	  26 April 2011

		DOCKET NUMBER:  AR20100026018 


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 the Purple Heart (PH) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states the PH he received at the hospital at Camp Zama, Japan, for wounds he received in the field in the Republic of Vietnam (RVN) should be added to his record and DD Form 214.

3.  The applicant refers to records at Fort Riley, Kansas, and at the Camp Zama hospital, but provides no additional evidence in support of his application.

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 record shows he was inducted into the Army of the United States on 8 September 1966 and honorably discharged on 13 September 1968 for the purpose of enlisting in the Regular Army (RA).  On 14 September 1968, he enlisted in the RA for 3 years.

3.  The record shows the applicant was trained in and awarded military occupational specialty (MOS) 63H (Automotive Repairman).  He was promoted to sergeant/E-5, the highest rank he held while serving on active duty, on 19 December 1967.

4.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the RVN from 10 January through 11 July 1968.  Item 38 (Record of Assignments) shows he was assigned to the 67th Maintenance Company performing duties in MOS 63H during his RVN tour.  It also shows the applicant was in a patient status in the RVN and in a hospital at Camp Zama, Japan, from 4 May through 31 July 1968.

5.  Item 38 of the applicant's DA Form 20 also shows he received "excellent" conduct and efficiency ratings at all of his active duty assignments.  His military personnel records jacket (MPRJ) is void of derogatory information or a unit commander's disqualification that would have precluded award of the Army Good Conduct Medal (AGCM).

6.  The applicant's MPRJ contains a DA Form 8-274 (Physical Profile Record), dated 3 October 1968, which shows he received a fragment wound to his left elbow that resulted in a temporary physical profile.

7.  On 12 September 1969, the applicant was honorably released from active duty (REFRAD) in the rank of SGT/E-5 after completing 3 years and 3 days of active military service.  The DD Form 214 he was issued shows he earned the following awards in item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized):

* National Defense Service Medal
* Vietnam Service Medal (VSM)
* RVN Campaign Medal
* two overseas service bars
* Expert Marksmanship Qualification Badge with Rifle Bar

8.  During the processing of this case, a member of the Board staff reviewed the Department of the Army Vietnam casualty roster.  The roster contains an entry pertaining to the applicant that shows he was wounded in action in the RVN on 25 April 1968.

9.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Paragraph 2-8 contains guidance on award of the PH.  It states in order to support award of the PH there must be evidence the wound for which the award is being made was received as a result of enemy action, it required treatment by military medical personnel, and a record of the medical treatment must have been made a matter of official record.

10.  Paragraph 2-13 of Army Regulation 600-8-22 contains guidance on the VSM.  It states a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN.  Table B-1 contains a list of campaigns and shows that during the applicant's tenure of assignment in the RVN, participation credit was granted for the Tet Counteroffensive (30 January-1 April 1968) and Vietnam Counteroffensive Phase IV (2 April-30 June 1968) campaigns.

11.  Army Regulation 672-5-1 (Decorations and 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 the 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 and there must have been no convictions by a court-martial.

12.  Department of the Army General Orders Number 8, dated 1974, announced award of the RVN Gallantry Cross with Palm Unit Citation for service in Vietnam between 8 February 1962 and 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the PH he was awarded should be added to his record and DD Form 214 has been carefully considered and found to have merit.  The evidence of record confirms the applicant was wounded in action in the RVN on 25 April 1968, as evidence by an entry on the Vietnam casualty roster and on a DA Form 8-274 in his record.  Therefore, it would be appropriate to add the PH to his record and DD Form 214.

2.  The applicant's DA Form 20 confirms he received "excellent" conduct and efficiency ratings at all of his active duty assignments and the record is void of derogatory information or a unit commander disqualification that would have precluded award of the AGCM.  Therefore, it would be appropriate to award him the AGCM for his qualifying honorable active duty service from 8 September 1966 through 7 September 1969 and to add this award to his record and DD Form 214.

3.  The record also shows that based on his RVN service and campaign participation, the applicant is eligible for the RVN Gallantry Cross with Palm Unit Citation and two bronze service stars with his VSM.  Therefore, it would also be appropriate to add these awards to his record and DD Form 214.

BOARD VOTE:

____X____  ____X____  ____X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 (1st Award) for the period 8 September 1966 through 7 September 1969;

	b.  deleting the VSM from item 24 of his DD Form 214;

	c.  adding the PH, AGCM, VSM with two bronze service stars, and RVN Gallantry Cross with Palm Unit Citation to item 24 of his DD Form 214.



      ___________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)                                         AR20100026018



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100026018



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1