BOARD DATE:	  3 November 2011

		DOCKET NUMBER:  AR20110010123 


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 to 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 that he was awarded the Purple Heart but it is not listed on his DD Form 214.  He sustained shrapnel wounds in Cu Chi on 21 March 1967.  He moved around a lot and didn't pay any attention to his records.

3.  He provides no additional evidence.

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 military records show he enlisted in the Regular Army on 17 August 1966 for 3 years.  He completed training and was awarded primary military occupational specialty 11C (Infantryman).

3.  He served in Vietnam from 8 January 1967 through 2 January 1968, during two campaigns, and was assigned to:

* Company B, 1st Battalion, 27th Infantry, from 11 January 1967 to 26 July 1967
* Company B, 3rd Battalion, 22nd Infantry, 4th Infantry Division from 27 July 1967 to 30 July 1967
* Company B, 3rd Battalion, 22nd Infantry, 25th Infantry Division, from 1 August 1967 to 1 January 1968 -

4.  He again served in Vietnam from 9 January 1969 through 9 August 1969, during three campaigns, and was assigned to the:

* 38th Base Post Office from 14 January 1969 to 3 March 1969
* 58th Army Postal Unit from 4 March 1969 to 6 August 1969

5.  He was honorably released from active duty in pay grade E-5 on 7 August 1969, as an overseas returnee, and he was transferred to the U.S. Army Reserve Control Group (Reinforcement).

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

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

7.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his service.  There is no evidence of any disciplinary action during his period of active service.  There also is no evidence of a commander's disqualification for the first award of the Army Good Conduct Medal.

8.  Item 40 (Wounds) of his DA Form 20 shows he sustained a fragment wound to his right thigh on 21 March 1967.  Item 41 (Awards and Decorations) of his DA Form 20 shows his entitlement to award of the Marksman Marksmanship Qualification Badge with Rifle Bar.  

9.  The Vietnam casualty roster shows he was wounded on 21 March 1967 and the casualty status code was "23."  This code indicates the status "hostile, wounded in action, not serious, hospitalized."

10.  There are no orders in his military personnel records that show he was awarded the Purple Heart.  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 were published authorizing award of the Purple Heart to him.

11.  Army Regulation 672-5-1 (Awards), 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 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.

12.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for an injury or wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify the wound was the result of hostile action, the wound must have required treatment by military personnel, and the medical treatment must have been made a matter of official record.

13.  Army Regulation 600-8-22 also authorizes a bronze service star based on qualifying service for each campaign listed in appendix B and states that authorized bronze service stars will be worn on the appropriate campaign or service medal including the Vietnam Service Medal.  One silver service star denotes five bronze service stars.

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 his unit, the 1st Battalion, 27th Infantry, was cited for the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period January 1966-August 1968 by Department of Army General Orders (DAGO) Number 48, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1966-21 January 1970 by DAGO Number 51, dated 1971

15.  Department of the Army Pamphlet 672-3 also shows his unit, the 3rdBattalion, 22nd Infantry, was cited for the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 August 1967-August 1968 by DAGO Number 48, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 August 1967-21 January 1970 by DAGO Number 51, dated 1971

16.  Paragraph 6 of Department of the Army Pamphlet 672-3 states that not more than one Vietnam Gallantry Cross Unit Citation will be worn by any individual, thereby precluding wear of the Vietnamese Fourragere that represents multiple awards of the Vietnam Gallantry Cross.  The regulation provides that, although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received. 

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant sustained a fragment wound to his right thigh as a result of enemy action in Vietnam 21 March 1967.  This is further confirmed with the listing of his name on the Vietnam casualty roster.  Despite the lack of general orders awarding him the Purple Heart, the evidence shows he is qualified for award of the Purple Heart.  He is therefore entitled to award of the Purple Heart and correction of his DD Form 214 to show this award.

2.  The evidence of record shows he appears to have met the criteria for the first award of the Army Good Conduct Medal; however, for unknown reasons he was not awarded this medal.  There is no evidence of record which shows he was disqualified by his commander for this award.  Therefore, he is entitled to the Army Good Conduct Medal (1st Award) for the period 17 August 1966 through 7 August 1969 and correction of his DD Form 214 to show this award.

3.  The evidence of record also shows he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar.  Therefore, his DD Form 214 should be corrected to show this badge.

4.  The evidence confirms he participated in a total of five campaigns during his periods of service in Vietnam.  Therefore, he is also entitled to award of one silver service star to be affixed to his Vietnam Service Medal.

5.  General orders awarded his units the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, it would be appropriate to correct his DD Form 214 to show these unit awards.

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 Purple Heart for wounds received in Vietnam on 21 March 1967 and the Army Good Conduct Medal (1st Award) for the period 17 August 1966 through 7 August 1969;

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

	c.  adding the following awards to Item 24 of his DD Form 214:

* Purple Heart
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with one silver service star
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (2nd Award)



      __________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)                                         AR20110010123





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110010123



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1