BOARD DATE:	  13 October 2011

		DOCKET NUMBER:  AR20110008386 


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 records to show award of the Purple Heart.

2.  The applicant states he was never awarded the Purple Heart for a gunshot wound.  He states he was wounded in 1968, treated in Japan, medically evacuated to Maryland, transferred to Fort Hood, and released from the Army.

3.  The applicant 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.  His military records show he was inducted into the Army of the United States on 12 January 1967.  He completed initial entry training, was awarded the military occupational specialty of light weapons infantryman, and was promoted to pay grade E-4.

3.  His DA Form 20 (Enlisted Qualification Record) shows he performed duties as a rifleman while assigned to Company C, 1st Battalion (Airborne), 502d Infantry while in the Republic of Vietnam during the period 15 December 1967 to 26 May 1968.

4.  He was honorably released from active duty on 19 December 1968 after completing 1 year, 11 months, and 8 days of creditable active service.

5.  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) shows he was awarded the National Defense Service Medal, Vietnam Service Medal with two bronze service stars, Republic of Vietnam Campaign Medal, Combat Infantryman Badge, Parachutist Badge, and Expert Marksmanship Qualification Badge with Rifle Bar.

6.  Review of the Vietnam Casualty List shows the applicant was listed as "hostile wounded in action, not serious, hospitalized" on 7 May 1968.  The entry indicated the wound was caused by small arms fire.

7.  His records do not contain any evidence that indicates he was ever awarded the Purple Heart by proper authority.

8.  His records are void of any orders or other documents that indicate he was ever recommended for or awarded the Army Good Conduct Medal by proper authority.  His DA Form 20 shows all "excellent" conduct and efficiency ratings.  There are no adverse actions recorded in the available records and no disqualification by his chain of command.

9.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows the campaigns for Vietnam.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  During the applicant's tour of duty in Vietnam he participated in the 
Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968), Tet Counteroffensive (30 January - 1 April 1968), and Vietnam Counteroffensive Phase IV (2 April - 30 June 1968).

10.  Army Regulation 600-8-22 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 672-5-1 (Military Awards), in effect at the time, required that throughout a qualifying period of service for award of the Good Conduct Medal the enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service of less than 3 years but more than 1 year.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 1st Battalion (Airborne), 502d Infantry, the unit he was assigned to during the period 15 December 1967 to 26 May 1968 was cited for award of the:

	a.  Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 19 April through 15 August 1968 by Department of the Army General Orders (DAGO) Number 21, dated 1969; and

	b.  Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 18 March 1968 through 2 May 1970, by DAGO Number 48, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's name is listed on the Vietnam Casualty List validating that he was wounded in action on 7 May 1968.  Therefore, there is sufficient evidence to show he is entitled to award of the Purple Heart and correction of his records to show this award.

2.  He completed a period of qualifying service ending with the termination of a period of Federal military service.  He had "excellent" conduct and efficiency ratings throughout his tenure of service.  There is no record of any adverse disciplinary action taken against him or disqualification by his chain of command.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) for the period 12 January 1967 through 19 December 1968 and add this award to his DD Form 214.

3.  The available records show he was awarded the Vietnam Service Medal and that he participated in three campaigns while serving in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show his already-awarded Vietnam Service Medal with three bronze service stars.

4.  His unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period he was assigned to the unit; therefore, these unit awards should be added to his DD Form 214.

5.  In view of the foregoing, his records should be corrected as shown below.

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 a gunshot wound received on 7 May 1968;
   
   b.  awarding him the Army Good Conduct Medal (1st Award) for the period 12 January 1967 through 19 December 1968;
   
   c.  deleting the Vietnam Service Medal from his DD Form 214; and 
   
   d. adding to item 24 of his DD Form 214 the Purple Heart, Army Good Conduct Medal (1st Award), Vietnam Service Medal with three bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class 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)                                         AR20110008386



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ABCMR Record of Proceedings (cont)                                         AR20110008386



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