IN THE CASE OF:	  

		BOARD DATE:	  3 January 2012

		DOCKET NUMBER:  AR20110012294 


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 and 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:

* on 12 September 1968 he was wounded in the left leg while serving with Company A, 1st Battalion, 28th Infantry, 1st Infantry Division near Loc Ninh, South Vietnam
* on 13 September 1968 he received treatment  in Quan Loi

3.  The applicant provides self-authored statements.

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 17 November 1967.  He completed training and was awarded military occupational specialty 11B (Light Weapons Infantryman).  The highest rank/grade he attained while on active duty was specialist four/E-4.  On 22 August 1969, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement).

3.  His DA Form 20 (Enlisted Qualification Record) contains the following pertinent information:

	a.  Item 31 (Foreign Service) shows he served a tour of duty in the Republic of Vietnam during the period 25 April 1968 to 24 April 1969.

	b.  Item 38 (Record of Assignments) shows that during his tour of duty in the Republic of Vietnam he served as a rifleman with Company A, 1st Battalion, 28th Infantry, 1st Infantry Division.

	c.  Item 38 also shows he received conduct and efficiency ratings of "excellent" for each of his duty assignments.  His record does not contain any derogatory information or a record of a commander's disqualification for award of the Army Good Conduct Medal.

	d.  Item 40 (Wounds)  shows "Frag Wd (L) Leg) [Fragment Wound Left Leg]."

	e.  Item 41 (Awards and Decorations) does not show award of the Purple Heart.

4.  The applicant's name does not appear on the Vietnam Casualty Roster.

5.  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 awarding him the Purple Heart.

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

* National Defense Service Medal
* two Overseas Service Bars
* Combat Infantry[man] Badge
* Vietnam Service Medal
* Bronze Star Medal
* Marksman (Rifle) 
* Expert (Machine Gun)

7.  A review of the applicant's record revealed he is entitled to additional awards and decorations.

8.  Headquarters, 1st Infantry Division, General Orders Number 2182, dated 
28 March 1969, awarded the applicant the Air Medal for meritorious achievement while participating in aerial flight.

9.  Headquarters, U.S. Army Training Center Special Orders Number 17, dated 19 January 1968, awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar.

10.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained while in action against an enemy or 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, chapter 9 of the version in effect at the time, stated 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 that the date the wound or injury occurred would also be placed in item 40.

12.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

13.  Army Regulation 600-8-22 provides for award of the Vietnam Service Medal.  A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  A silver service star will be worn in lieu of five bronze service stars.  During his tour in Vietnam he participated in five campaigns:  TET Counteroffensive, Vietnam Counteroffensive Phase IV, Vietnam Counteroffensive Phase V, Vietnam Counteroffensive Phase VI, and TET 69 Counteroffensive.

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows awards received by units serving in the Republic of Vietnam.  The unit to which the applicant was assigned while serving in the Republic of Vietnam was cited for the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders (DAGO) 21, dated 1969 and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by DAGO 53, dated 1970.

DISCUSSION AND CONCLUSIONS:

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

2.  The preponderance of evidence shows he incurred a fragment wound to his left leg as the direct result of hostile action while serving in the Republic of Vietnam on 12 September 1968.  Therefore, he is entitled to award of the Purple Heart and correction of his record to show receipt of this award.

3.  General orders awarded him the Air Medal.  Therefore, he is entitled to have his DD Form 214 corrected to show this award.

4.  Special orders awarded him the Expert Marksmanship Qualification Badge with Rifle Bar.  Therefore, he is entitled to have his DD Form 214 corrected to show this award.

5.  His records show he was awarded the Vietnam Service Medal.  The evidence shows he participated in five campaigns during his service in the Republic of Vietnam.  Therefore, he is entitled to one silver service star to be affixed to his previously-awarded Vietnam Service Medal.

6.  The evidence of record shows he completed a period of honorable service during which he received all "excellent" conduct and efficiency ratings and had no convictions by court-martial.  Additionally, there is no evidence he was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Therefore, he is entitled to the first award of the Army Good Conduct Medal for the period 17 November 1967 through 22 August 1969 and is entitled to 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 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:

(1) the Purple Heart for a wound sustained in action in the Republic of Vietnam on 12 September 1968 and

		(2)  the Army Good Conduct Medal (1st Award) for the period 17 November 1967 through 22 August 1969;

	b.  deleting Marksman (Rifle) from his DD Form 214 and

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

(1) Purple Heart,

(2) Air Medal,

		(3)  Army Good Conduct Medal (1st Award),

		(4)  one silver service star to his previously-awarded Vietnam Service Medal,

		(5)  Republic of Vietnam Gallantry Cross with Palm Unit Citation, 


		(6)  Republic of Vietnam Civil Actions Honor Medal First Class, and

		(7)  Expert Marksmanship Qualification Badge with Rifle Bar.



      _______ _   _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)                                         AR20110012294



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ABCMR Record of Proceedings (cont)                                         AR20110012294



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