BOARD DATE:	  30 June 2011

		DOCKET NUMBER:  AR20100029643 


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 his award of the Purple Heart was omitted from his
DD Form 214 and he needs it added in order to receive health benefits.

3.  The applicant provides a Purple Heart certificate, dated 30 April 1967.

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 was inducted into the Army of the United States on 11 February 1966.  Upon completion of his initial training he was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  A review of his DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 38 (Record of Assignments) he was assigned to Company A, 5th Battalion, 60th Infantry, 9th Infantry Division, Republic of Vietnam, from
7 March 1967 to on or about 4 February 1968; and

	b.  item 41 (Awards and Decorations) the:

* National Defense Service Medal
* Vietnam Service Medal
* RVN Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M14)
4.  His record contains a DA Form 8-273-3 (Clinical Record Cover Sheet), dated 17 April 1967.  This document shows the applicant was admitted to the
24th Evacuation Hospital on 11 April 1967 for an open wound to his right thigh due to fragments.  It further states the patient was on a search and destroy mission when he encountered Viet Cong fire and received fragments from a detonated claymore mine.  Item 25 (Selected Administrative Date) contains the entry "Purple Heart awarded per GO (General Orders) 48, dated 12 April 1967, HQ (Headquarters, 24th Evac Hosp."  His record contains page 2 of General Order Number 48 containing his name and the date of 11 April 1967.

5.  Review of The Adjutant General's Office, Casualty Division's Vietnam casualty listing shows the applicant's name is listed as a casualty on 11 April 1967 under casualty status code "23."  This casualty code refers to "hostile wounded in action, not serious, hospitalized."

6.  General Orders Number 1007, issued by Headquarters, 9th Infantry Division, dated 25 February 1968, awarded him the Air Medal for meritorious achievement while participating in aerial flight from 25 March 1967 to 23 November 1967.

7.  On 5 February 1968, the applicant was honorably released from active duty as an overseas returnee.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.  


8.  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
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge

9.  Item 38 (Record of Assignments) of his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his service.  There is no record of any disciplinary actions or a commander's disqualification that would preclude award of the Army Good Conduct Medal.

10.  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 5th Battalion, 60th Infantry, the unit to which the applicant was assigned, was cited for award of the:

* RVN Gallantry Cross with Palm Unit Citation for the period December 1966 through June 1968 by Department of the Army General Orders (DAGO) Number 43, dated 1970
* RVN Civil Actions Honor Medal First Class Unit Citation for the period
19 December 1966 through 28 June 1969, by DAGO Number 59, dated 1969

11.  Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  It states 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)

12.  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.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his DD Form 214 to add the Purple Heart.

2.  The evidence of record shows he was wounded as a result of hostile action on 11 April 1967.  His wound required treatment by medical personnel, he was hospitalized, and the medical treatment was made a matter of official record.  Furthermore, General Orders Number 48, issued by the 24th Evacuation Hospital awarded him the Purple Heart for wounds received on 11 April 1967 and his name is listed on the Vietnam casualty listing.  Therefore, his DD Form 214 should be corrected to show his award of the Purple Heart.

3.  General orders awarded his unit the RVN Gallantry Cross with Palm Unit Citation and RVN Civil Actions Honor Medal First Class Unit Citation.  Therefore, his DD Form 214 should be corrected to show these unit awards.

4.  The applicant participated in three campaign phases during his service in Vietnam.  Therefore, he 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.

5.  General orders awarded him the Air Medal for the period 25 March 1967 to
23 November 1967.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

6.  The evidence shows he completed 1 year, 11 months, and 25 days of honorable active service during which he received all "excellent" conduct and efficiency ratings.  There is also no evidence of any disciplinary actions or a commander's disqualification for the Army Good Conduct Medal.  Therefore, he is entitled to the first award of the Army Good Conduct Medal and correction of his DD Form 214 to show this award.

7.  His DA Form 20 shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M14).  Therefore, his DD Form 214 should be corrected to show this qualification badge.



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.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal; 

	b.  awarding him the Army Good Conduct Medal for the period 11 February 1966 through 5 February 1968; and

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

* Purple Heart 
* Air Medal
* Army Good Conduct Medal (1st Award) 
* Vietnam Service Medal with three bronze service stars
* RVN Gallantry Cross with Palm Unit Citation
* RVN Civil Actions Honor Medal First Class Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M14)



      _________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)                                         AR20100009570



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100029643



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1