IN THE CASE OF:	  

		BOARD DATE:	  30 June 2011

		DOCKET NUMBER:  AR20110001166 


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 he was wounded by enemy gunfire in Vietnam in February 1968.

3.  The applicant provides:

* DD Form 214
* Newspaper article
* Report of Medical History and Medical Examination

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 30 August 1966.  He was honorably discharged on 5 September 1966 for the purpose of immediate enlistment in the Regular Army.

3.  He enlisted in the Regular Army on 6 September 1966 and held military occupational specialty 11B (Light Weapons Infantryman).  He served in Vietnam from 12 December 1967 to 29 February 1968.  He was assigned to Company A, 1st Battalion, 502nd Infantry.  

4.  He was transferred from Vietnam in a patient status to Tripler Army Hospital, HI, on 6 March 1968 and ultimately to Fort Leonard Wood, MO, on 21 March 1968.

5.  Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) shows he sustained a gunshot wound to his right thigh on 29 February 1968.

6.  His Report of Medical Examination, dated 30 July 1969, noted he suffered a gunshot wound to his right leg.  Additionally, his records contain multiple medical documents confirming his gunshot wound to the leg in Vietnam.

7.  He was honorably released from active duty on 5 September 1969 in the rank/grade of sergeant (SGT)/E-5 and transferred to the U.S. Army Reserve Control Group to complete his remaining service 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
* Parachutist Badge
* Combat Infantryman Badge
* Vietnam Campaign Medal

9.  His records do not contain official orders awarding him the Purple Heart.

10.  A review of The Adjutant General's Office, Casualty Division's Vietnam casualty listing shows the applicant's name is listed as a casualty, on 
29 February 1968 under casualty status code "23."  This casualty code refers to "hostile wounded in action, hospitalized."

11.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained while in action against and 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.

12.  A review of his service record indicates his entitlement to additional awards which are not reflected on his records and/or DD Form 214.

13.  Item 29 (Qualifications in Arms) of his DA Form 20 shows he qualified sharpshooter with the M-14 rifle on 14 October 1966 and expert with the M-16 rifle on 9 October 1967.

14.  A review of the applicant's service record reveals no derogatory information that would disqualify him for the first award of the Army Good Conduct Medal.  Additionally, item 38 (Record of Assignment) of his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his military service with the exception of an "unknown" rating while a student on 4 November 1966.

15.  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 qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended 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 Ratings of "Unknown" for portions of the period under consideration were not disqualifying.

16.  Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to          28 March 1973.

17.  Army Regulation 600-8-22 contains the regulatory guidance on the Vietnam Service Medal.  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, campaign participation credit was authorized for the following campaigns:  The Vietnam Counteroffensive, Phase II (1 July 1966 - 31 May 1967) and the Tet Counteroffensive (30 January 1968 - 1 April 1968).
DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant sustained a gunshot wound to his leg in Vietnam and he was transferred from his Vietnam unit of assignment in a patient status for treatment.  His injury is further confirmed with an entry on the Vietnam casualty listing that shows he was injured on 29 February 1968 as a result of hostile action.  Therefore, he is entitled to award of the Purple Heart and correction of his DD Form 214 to show it.

2.  During his assignment in Vietnam, general orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this unit award.

3.  The evidence of record shows he was awarded the Vietnam Service Medal.  Additionally, records show he participated in two campaigns while serving in Vietnam.  Therefore, he is entitled to two bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

4.  Special orders awarded him the Sharpshooter Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) and Expert Marksmanship Qualification Badge with Rifle Bar (M-16) which are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these badges. 

5.  The evidence of record confirms he served honorably during the period 30 August 1966 through 5 September 1969.  He served in Vietnam, received "excellent" conduct and efficiency ratings throughout his military service (except while a student on 5 November 1966), and attained the rank/grade of SGT/E-5.  His records do not contain any derogatory information that would have disqualified him from receiving his first award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the first award of the Army Good Conduct Medal based on completion of a qualifying period of Federal military service and correct his DD Form 214 to show his medal.

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:

* awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 30 August 1966 through 29 August 1969
* awarding him the Purple Heart for wounds received in action on 29 February 1968 in Vietnam
* adding to his DD Form 214 the:

* Purple Heart
* Army Good Conduct Medal (1st Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* two bronze service stars to be affixed to his already-awarded 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)                                         AR20110001166



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110001166



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1