IN THE CASE OF:	  

		BOARD DATE:	   20 September 2011 

		DOCKET NUMBER:  AR20110006085 


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.  He states the Purple Heart was not listed on his DD Form 214 and his record needs to be corrected in order to receive Department of Veterans Affairs (VA) health benefits.

3.  The applicant provides a copy of his Purple Heart Certificate.

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, and 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 16 May 1968.  He completed training and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  The highest rank/grade he attained while serving on active duty was staff sergeant (SSG)/E-6.

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

* Item 31 (Foreign Service) he served in the Republic of Vietnam (RVN) from 31 October 1968 through 3 August 1969
* Item 38 (Record of Assignments) that during his tour of duty in the RVN he was assigned to 2nd Battalion, 39th Infantry, 9th Infantry Division
* Item 38 he received all "excellent" conduct and efficiency ratings throughout his service
* Item 40 (Wounds) he sustained a fragmentation wound to his left leg on 2 March 1969
* Item 41 (Awards and Decorations) no entry for the Purple Heart

4.  General Orders Number 8400, issued by Headquarters, 9th Infantry Division, dated 3 July 1969, awarded the applicant the Bronze Star Medal for meritorious service in the RVN for the period March 1969 to July 1969.

5.  General Orders Number 9030, issued by the same headquarters, dated 7 July 1969, awarded the applicant the Bronze Star Medal (first oak leaf cluster) for outstanding achievement in the RVN for the period June 1969 to July 1969.

6.  On 23 April 1970, the applicant was honorably released from active duty as an overseas returnee.  He completed 1 year, 11 months, and 8 days of total active service.  The DD Form 214 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) he was issued at the time shows the:

* Air Medal
* Army Commendation Medal with "V" Device
* National Defense Service Medal
* Vietnam Service Medal
* RVN Campaign Medal with Device (1960)
* Combat Infantryman Badge
* One Overseas Service Bar

7.  There is no evidence of any derogatory or disciplinary actions or a commander's disqualification that would have precluded the applicant from being awarded the first award of the Army Good Conduct Medal.
8.  Review of The Adjutant General's Office, Casualty Division's Vietnam casualty listing shows the applicant's name listed as a casualty on 2 March 1969 under casualty status code "23."  This casualty code refers to "hostile wounded in action, not serious, hospitalized."

9.  The applicant provided a Purple Heart Certificate that shows he was wounded in action on 2 March 1969.  This certificate is signed by a hospital commander, lieutenant colonel, Medical Corps.

10.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart 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.

11.  Army Regulation 600-200 (Enlisted Personnel Management System), chapter 9, in effect at the time, stated that a brief description of wounds or injuries 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.

12.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) stated the authority to award the Purple Heart was delegated to hospital commanders.  It directed that all personnel treated and released within 24 hours would be awarded the Purple Heart by the organization to which the individual was assigned.  Personnel requiring hospitalization in excess of 24 hours or evacuation from Vietnam would be awarded the Purple Heart directly by the hospital commander rendering treatment.

13.  Review of the applicant's record indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

14.  Army Regulation 600-8-22, paragraph 2-13, 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, the applicant participated in the following four campaigns:

* Vietnam Counteroffensive Phase V (1 July - 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)


* Tet 69 Counteroffensive, 1969 (23 February - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)

15.  Army Regulation 672-5-1, 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.

16.  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 2nd Battalion, 39th Infantry, the unit to which the applicant was assigned, was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 July through 13 November 1968 by Department of the Army General Orders (DAGO) Number 31, dated 1969
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period January through June 1969 by DAGO 59, dated 1969
* Republic of Vietnam Civil Action Honor Medal First Class for the period  19 December 1966 through 28 June 1969, by DAGO 59, dated 1969

17.  Department of the Army Pamphlet 672-3, paragraph 6 (Miscellaneous Information) states that not more than one award of the Republic of Vietnam Gallantry Cross Unit Citation may be worn by any individual.  Although wear of multiple awards of this unit citation badge is not authorized, official military personnel and historical records will indicate all awards received.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show his award of the Purple Heart was carefully considered and determined to have merit.

2.  The applicant provided a Purple Heart Certificate signed by a hospital commander that shows he was wounded in action in Vietnam on 2 March 1969.  Item 40 of his DA Form 20 contains an entry showing he received a fragmentation wound to his left leg on 2 March 1969.  The Vietnam casualty listing shows he was reported as a casualty on 2 March 1969 and that he was 


wounded requiring hospitalization.  Therefore, his DD Form 214 should be corrected to show award of the Purple Heart.

3.  The applicant participated in four campaign phases during his service in Vietnam.  Therefore, he is entitled to four 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.

4.  The applicant's unit was cited for two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and one award of the Republic of Vietnam Civil Actions Honor Medal during his period of assignment.  Therefore, his DD Form 214 should be corrected to show these unit awards.

5.  The applicant received all "excellent" conduct and efficiency rating throughout his service.  There is no evidence of any adverse actions or a commander's disqualification for award of the Army Good Conduct Medal.  Therefore, he is entitled to the first award of the Army Good Conduct Medal for the period 16 May 1968 through 23 April 1970 and correction of his DD Form 214 to show this award.

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

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period
6 May 1968 through 23 June 1970; and


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

* Purple Heart
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
(2nd Award)
* Republic of Vietnam Civil Actions Honor 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)                                         AR20110006085



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110006085



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1