BOARD DATE:	  13 September 2011

		DOCKET NUMBER:  AR20110005301 


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 request Veterans Administration (VA) and burial benefits.

3.  The applicant provides a copy of his Purple Heart Certificate and his DD Form 214.

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.  His record shows he enlisted in the Regular Army on 21 June 1966.  He completed training and he was awarded military occupational specialty (MOS) 11B2P (Light Weapons Infantryman).  The highest rank/grade he attained while serving on active duty was sergeant (SGT)/E-5.

3.  On 20 June 1969, he was honorably released from active duty after completing 3 years of creditable active service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 shows he was awarded or authorized to wear:

* Bronze Star Medal
* Combat Infantryman Medal
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal
* Parachutist Badge

4.  Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam from 1 May 1967 through 30 April 1968.

5.  Item 38 (Record of Assignments) of his DA Form 20 shows that during his tour of duty in the Republic of Vietnam, he was assigned to Company B, 2nd Battalion, 327th Infantry, in duty MOS 11B as a Rifleman.

6.  Item 40 (Wounds) of his DA Form 20 shows he sustained a fragmentation wound to his right shoulder on 24 July 1967.

7.  Item 41 (Awards and Decorations) of his DA Form 20 and item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show award of the Purple Heart.

8.  During the processing of this case, a member of the Board's staff reviewed the Department of the Army Vietnam casualty listing.  The applicant's name was included on the listing.

9.  Army Regulation 600-8-22 (Military Awards) provides that the PH is awarded for a wound 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 medical personnel, and the medical treatment must have been made a matter of official record.


10.  Army Regulation 600-200, chapter 9 of the version in effect at the time, stated, in pertinent part, that a brief description of wounds or injuries (including injury from gas) requiring medical treatment received through hostile or enemy action, including those requiring hospitalization would be entered in item 40 (wounds) of the DA Form 20.  This regulation further stated that the date the wound or injury occurred would also be placed in item 40.

11.  A review of the applicant's record shows he is entitled to additional awards and decorations.

12.  Army Regulation 600-8-22 provides for award of the Vietnam Service Medal. This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  A silver service star is worn to show participation in five campaigns.  Appendix B shows the campaigns for Vietnam.  During his tour in Vietnam he participated in four campaigns:  Vietnam Counteroffensive Phase II, Vietnam Counteroffensive Phase III, TET Counteroffensive and Vietnam Counteroffensive Phase IV.

13.  Item 38 (Record of Assignments) of his DA Form 20 shows he received "excellent" conduct and efficiency ratings during his entire period of service.
A commander's disqualification for award of the Army Good Conduct Medal (AGCM) is not present in the applicant's record.

14.  Army Regulation 672-5-1 (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 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.

15.  Department of the Army General Orders Number 8, dated 1974, awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to his unit for achievements during his period of assignment.

DISCUSSION AND CONCLUSIONS:

1.  The applicant request award of the PH.  There is sufficient evidence to support this request.

2.  The evidence of record shows the applicant sustained a fragmentation wound to his right shoulder on 24 July 1967 as a result of hostile action.  As a result, the regulatory burden of proof necessary to support award of the PH has been met.  Therefore, he is entitled to award of the Purple Heart and correction of his DD Form 214 to show this award.

3.  The applicant received "excellent" conduct and efficiency rating throughout his service.  There is no evidence of a commander's disqualification for award of the AGCM.  Therefore, he is eligible for the first award of the AGCM for the period 
21 June 1966 through 20 June 1969, and correction of his DD Form 214 to show this award.

4.  All units in the RVN were cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the applicant's period of assignment. Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

5.  Records show he was previously awarded the VSM.  Evidence shows he participated in four campaigns phases during his RVN service.  Therefore, he is entitled to correction of his DD Form 214 to show four bronze service stars.

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 Purple Heart for wounds received in action on 24 July 1967 while in the RVN;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period
21 June 1966 through 20 June 1969 and

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

* Purple Heart
* four bronze service stars to be affixed to the previously awarded Vietnam Service Medal
* Army Good Conduct Medal (1st Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation



      _________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)                                         AR20110005301





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ABCMR Record of Proceedings (cont)                                         AR20110005301



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