IN THE CASE OF:	  

		BOARD DATE:	    25 October 2011

		DOCKET NUMBER:  AR20110008419 


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 award of the Purple Heart (PH).

2.  The applicant states he received shrapnel wounds in the Republic of Vietnam (RVN) and has received service-connected disability by the Department of Veterans Affairs (VA) for these wounds since his separation.

3.  The applicant provides VA medical treatment records 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.  The applicant was inducted into the Army of the United States on 25 November 1966 and was trained in and awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows the applicant served in the RVN from 1 May 1967 to on or about 9 April 1968.  Item 38 (Record of Assignments) shows that during his RVN tour he was assigned to Headquarters and Headquarters Company (HHC), 1st Battalion, 35th Infantry Regiment, performing duties in MOS 11B as a rifleman.  Item 38 also shows he received "excellent" conduct and efficiency ratings at all of his active duty assignments.

4.  Item 40 (Wounds) of the applicant's DA Form 20 contains an entry that indicates the applicant received shrapnel wounds to the left side of his forehead on 28 December 1967.  Item 41 (Awards and Decorations) does not include the PH in the list of earned awards.

5.  The applicant's military personnel records jacket (MPRJ) contains a Standard Form 89 (Report of Medical History) completed during his separation processing on 25 October 1968.  Item 39 (Physician's Summary) of this document contains an entry indicating he was wounded in the RVN with shrapnel wounds to his head and was not experiencing any problems.

6.  The applicant's MPRJ is void of any derogatory information or a unit commander's disqualification that would have precluded award of the Army Good Conduct Medal (AGCM).

7.  The applicant's MPRJ contains Headquarters, 4th Infantry Division, Orders Number 1598, dated 21 April 1968, which awarded him an Army Commendation Medal (ARCOM) with "V" Device for heroism in the RVN on 12 January 1968 and an ARCOM Citation indicating he was awarded an ARCOM for meritorious service in the RVN during the period May 1967 to April 1968.

8.  On 22 November 1968, the applicant was honorably released from active duty in the rank/grade of specialist four/E-4 after completing 1 year, 11 months, and 28 days of total active service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he earned the following awards:

* ARCOM with "V" Device
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* National Defense Service Medal
* RVN Campaign Medal
* Combat Infantryman Badge
* Vietnam Service Medal with three bronze service stars

9.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for PH.  A review of the Department of the Army Vietnam casualty roster failed to reveal an entry pertaining to the applicant showing he was wounded in action.

10.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  It states in order to support award of the PH there must be evidence the wound for which the award is being made was received as a result of enemy action, that it required treatment by military medical personnel, and a record of this treatment must have been made a matter of official record.

11.  Army Regulation 600-200 (Enlisted Personnel Management System), chapter 9 of the version in effect at the time, stated 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 of the DA Form 20.  This regulation further stated the date the wound or injury occurred would also be entered in item 40.

12.  Paragraph 2-13 of Army Regulation 600-8-22 states a bronze service star is authorized with the VSM for each campaign a member is credited with participating in while serving in the RVN.  Table B-1 contains a list of RVN campaigns and shows that during the applicant's tenure of assignment, participation credit was awarded for the following 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)
* Vietnam Counteroffensive Phase IV (2 April-30 June 1968)

13.  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 the 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 and there must have been no convictions by a court-martial.
14.  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 1st Battalion, 35th Infantry, the unit to which the applicant was assigned, was cited for award of the:

* Valorous Unit Award for the period 22 April through 20 August 1967 by Department of the Army General Orders (DAGO) 43, dated 1972
* RVN Gallantry Cross with Palm Unit Citation for the period June 1966 through 1 August 1967 by DAGO 48, dated 1971
* RVN Civil Actions Honor Medal First Class Unit Citation for the period 1 August 1967 through 31 October 1969 by DAGO 53, dated 1970

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he should be awarded the PH has been carefully considered and was found to have merit.  The evidence of record confirms the applicant was wounded in action in the RVN on 28 December 1967 as evidenced by an entry in item 40 of his DA Form 20 and corroborated by an entry on the Standard Form 89 prepared during his separation processing.  Therefore, it would be appropriate to award him the PH and to correct his DD Form 214 to show this award.

2.  The record further shows the applicant received "excellent" conduct and efficiency ratings at all of his active duty assignments and his record is void of any derogatory information or a unit commander's disqualification that would have precluded him from receiving the AGCM.  Therefore, it would be appropriate to award him the AGCM (1st Award) for the period 25 November 1966 through 22 November 1968 and to correct his DD Form 214 to show this award.

3.  The record also shows that based on the applicant's RVN service and campaign participation, he is entitled to the Valorous Unit Award, RVN Gallantry Cross with Palm Unit Citation, RVN Civil Actions Honor Medal First Class Unit Citation, and four bronze service stars with his already-awarded VSM.  Therefore, it would also be appropriate to correct his DD Form 214 by adding these awards.

4.  The record also contains an ARCOM Citation that indicates the applicant received a second award of the ARCOM for meritorious service in the RVN during the period May 1967 to April 1968.  Therefore, even though there are no 


published orders on file for this award, this service award is supported by the applicant's excellent combat record of service in the RVN and it would be appropriate and serve the interest of equity to add it to DD Form 214 at this time.

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.  awarding him the PH for wounds received in action on 27 December 1967,

	b.  awarding him the AGCM (1st Award) for the period 25 November 1966 through 22 November 1968, 

	c.  deleting the ARCOM with "V" Device and VSM from item 24 of his DD Form 214, and

	d.  adding the following awards to item 24 of his DD Form 214:

* PH
* ARCOM with "V" Device and 1st Oak Leaf Cluster
* AGCM (1st Award)
* VSM with four bronze service stars
* Valorous Unit Award


* RVN Gallantry Cross with Palm Unit Citation
* RVN 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)                                         AR20110008419



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ABCMR Record of Proceedings (cont)                                         AR20110008419



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