BOARD DATE:	  15 December 2011

		DOCKET NUMBER:  AR20110011224 


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 states:

* he received shrapnel wounds on 12 March 1967 
* he was awarded the Purple Heart at the 85th Surgical Hospital on or about 20 March 1967
* he was assigned to Company B, 35th Infantry, 25th Infantry Division,
* he has scars which he wears proudly on his left arm, neck, and shoulder
* he has shrapnel visible through his skin and easily seen on X-rays
* he has his emaciated left hand to show the effects of his ulnar nerve  issues
* he was unaware of the omission of the Purple Heart until a recent interview

3.  The applicant provides:

* a self-authored statement
* his DD Form 214
* a Western Union Telegram, dated 17 March 1967
* two newspaper articles


* a DA Form 8-274 (Medical Condition – Physical Profile Record), dated
24 June 1968

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 in the Army of the United States on 6 September 1966.  He completed training and he was awarded military occupational specialty (MOS) 11H (Infantry Direct Fire Crewman).  The highest rank/grade he attained while on active duty was specialist four (SP4)/E-4.

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

	a.  Item 31 (Foreign Service) he served in the Republic of Vietnam during the period 17 February 1967 through 15 May 1967.

	b.  Item 38 (Record of Assignments) he was assigned to Company B, 2nd Battalion, 35th Infantry, 25th Infantry Division on 27 January 1967.  On       25 March 1967, his duty status changed to "Patient" and he was medically evacuated to the Medical Holding Detachment, U.S. Army Hospital, Ryukyu Islands.  On 9 May 1967, he departed the Ryukyu Islands en route to the continental United States.  He was subsequently assigned to the Medical Holding Detachment , Reynolds Army Hospital, Fort Sill, OK.

	c.  Item 38 also shows he received all "excellent" conduct and efficiency ratings throughout his service.

	d.  Item 40 (Wounds) no entry (blank).


	e.  Item 41 (Awards and Decorations) the:

* National Defense Service Medal
* Vietnam Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

4.  The applicant provides a copy of a Western Union Telegram, dated 17 March 1967, from The Adjutant General to his parents, informing them that he (the applicant) was slightly wounded in Vietnam on 12 March 1967 as a result of hostile action.

5.  General Orders Number 1426, issued by Headquarters, 4th Infantry Division, dated 19 June 1967, awarded the applicant the Purple Heart for wounds received in connection with military ground operations against a hostile force

6.  There is no evidence of any 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.

7.  On 26 July 1968, the applicant was honorably released from active duty by reason of early release for seasonal employment.  He completed 1 year,
10 months, and 21 days of total active service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* National Defense Service Medal
* Vietnam Service Medal with bronze service star
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

8.  A review of the applicant's record reveals he is entitled to additional awards and decorations not shown on his DD Form 214.

9.  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; 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.  


10.  Army Regulation 600-8-22 (Military Awards) states the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  

11.  Army Regulation 600-8-22 states the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Individuals who qualified for award of the Vietnam Service Medal and served for less than 6 months of service but were wounded as a result of hostile action were also entitled to award of the Republic of Vietnam Campaign Medal with Device (1960).

12.  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, 35th 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 January 1966 through        1 August 1967 by Department of the Army General Order Number 48, dated 1971.

DISCUSSION AND CONCLUSIONS:

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

2.  General orders awarded the applicant the Purple Heart.  Therefore, his
DD Form 214 should be corrected to show this award.

3.  The evidence of record shows he received all "excellent" conduct and efficiency ratings through his service.  There is no evidence of any 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.  It appears the applicant did not receive the Army Good Conduct Medal as a result of an administrative error.  Therefore, it would be appropriate at this time to awarded the applicant the Army Good Conduct Medal (1st Award) for the period 6 September 1966 through 26 July 1968 and to correct his DD Form 214 to show this award.

4.  Evidence shows the applicant served in an infantry MOS while assigned to an infantry unit during his tour of duty in the Republic of Vietnam.  Additionally, it appears he was wounded in action while participating in active ground combat against a hostile force with his unit.  Therefore, he is entitled to award of the Combat Infantryman Badge and correction of his DD Form 214 to show this award.

5.  Evidence shows the applicant received the Vietnam Service Medal and he was wounded in action.  Therefore, he meets the criteria for entitlement to the Republic of Vietnam Campaign Medal with Device (1960) and correction of his DD Form 214 to show this award.

6.  The applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his service in Vietnam.  Therefore, his
DD Form 214 should be corrected to show this unit awards.

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 Army Good Conduct Medal (1st Award) for the period
6 September 1966 through 26 July 1968;

	b.  awarding him the Combat Infantryman Badge for actions on 12 March 1967; and

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

* Purple Heart
* Army Good Conduct Medal (1st Award)


* Combat Infantryman Badge
* Republic of Vietnam Campaign Medal with Device (1960)
* 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)                                         AR20110011224



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ABCMR Record of Proceedings (cont)                                         AR20110011224



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