IN THE CASE OF:	  

		BOARD DATE:	  12 January 2012

		DOCKET NUMBER:  AR20110014038 


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 he was separated effective 22 August 1969 instead of 22 August 1967.  He also requests award of the Purple Heart.

2.  He states:

* his DD Form 214 shows the effective date of his separation is 3 days prior to his date of induction
* his medical record indicates he was wounded by an M-79 grenade launcher and shows several entries indicating he was wounded
* he has several shards in his body

3.  He provides extracts of his medical record and his DD Form 214.

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 requested that his DD Form 214 be corrected to show the effective date of his separation as 22 August 1969 instead of 22 August 1967.  On 3 January 1973, a DD Form 215 (Correction to DD Form 214) was issued which corrected item 11d of his DD Form 214 to show he was separated from the Army effective 22 August 1969.  A copy of the DD Form 215 will be provided to the applicant with these Proceedings.  Therefore, this portion of his request will not be discussed further in these Proceedings.

3.  The applicant was inducted into the Army of the United States on 25 August 1967.  He completed training and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  The highest rank/grade he attained was sergeant (SGT)/E-5 with a date of rank of 7 December 1968.  

4.  His DA Form 20 (Enlisted Qualification Record) shows in:

* item 31 (Foreign Service), he served in Vietnam from 8 February 1968 through 3 February 1969
* item 38 (Record of Assignments), he was assigned to Company C, 2nd Battalion, 1st Infantry Regiment, 196th Light Infantry Brigade from 19 February 1968 to 3 February 1969
* item 38, he was in a patient status at Fort Hood, TX from 6 February to
30 March 1969 
* item 38, he received all "excellent" conduct and efficiency ratings throughout his service
* item 40 (Wounds), no entry [blank] 
* item 41 (Awards and Decorations), does not list award of the Purple Heart

5.  His service record does not include orders for award of the Purple Heart.  His name is not listed on the Vietnam casualty listing.

6.  He provided the following medical documents:

	a.  Standard Form 539 (Abbreviated Medical Record), dated 12 November 1968, that shows he received M-79 fragment wounds to back, left arm, and one to his right hand (index finger).  The wounds to his back were treated; 


debridement to wound to his left arm; and laceration to his right index finger had been sutured.  The physician diagnosed the applicant as having multiple fragment wounds, injured as result of hostile action (IRHA).

	b.  Discharge Note, dated 12 November 1968, that shows his admitting diagnosis was fragment wounds to left arm and right index finger.  He was discharged to restricted duty as determined by the battalion surgeon.  The remarks state the applicant should have light duty on Forward Support Battalion for next 5 days; should take penicillin as directed; stitches in hand can be removed on next day and stitches in arm removed in 5 days.

	c.  Standard Form 600 (Chronological Record of Medical Care), that shows the applicant was treated on 16 November 1968.  The physician indicated he planned to discharge the applicant to the Forward Support Battalion with follow-up by the battalion surgeon.  The stitches in his finger were to be removed on the next day and stitches in his left arm removed on 20 November [1968].

7.  Special Order A-33, issued by the Department of the Air Force, 22nd Casualty Staging Flight, dated 2 February 1969, indicated the applicant would proceed in a patient status on or about 3 February 1969 to Darnall Army Hospital, Fort Hood, TX for further medical treatment.

8.  His service record contains two nonjudicial punishments under Article 15, Uniform Code of Military Justice (UCMJ), for failing to properly perform his duty and for behaving himself with disrespect toward his superior commissioned officer by failing to render a hand salute and displaying a lackadaisical attitude.  His service record does not contain a commander's disqualification for the first award of the Army Good Conduct Medal.

9.  He was honorably released from active duty on 22 August 1969 in the rank/grade of sergeant (SGT)/E-5.  He completed 1 year, 11 months, and
28 days of total active service with no time lost.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.  He subsequently served in the Army National Guard.

10.  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


* Combat Infantryman Badge
* Republic of Vietnam Campaign Medal with Device (1960)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* First Class Gunner (Sharpshooter) Marksmanship Qualification Badge with Machinegun Bar (M-60)
* Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar (M-16

11.  A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), 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 the Purple Heart pertaining to the applicant.

12.  References:

	a.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), paragraph 6d states that Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam, and its subordinate units, during the period 20 July 1965 to 28 March 1973.

	b.  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.

	c.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, the applicant participated in the following four campaigns:

* Tet Counteroffensive (30 January - 1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April - 30 June 1968)
* Vietnam Counteroffensive Phase V (1 July - 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)


   d.  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.  There must have been no convictions by a court-martial.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions regarding his medical records showing he was wounded by an M-79 grenade launcher and that he sustained wounds are acknowledged.

2.  The applicant’s service record does not contain orders that award him the Purple Heart and his name is not listed on the Vietnam casualty listing.  However, his medical documentation shows:

* he sustained multiple fragment wounds to his back, left arm, and right index finger from an M-79 grenade launcher as a result of hostile action on 12 November 1968
* he received medical treatment by medical personnel 
* the medical treatment of his wounds were made a matter of official record

3.  Therefore, his available medical evidence is sufficient as a basis for awarding him the Purple Heart for wounds received in action on 12 November 1968 and to correct his DD Form 214 to show this award.

4.  His service record does not show he was disqualified from receiving the first award of the Army Good Conduct Medal for the period 25 August 1967 through 22 August 1969.  Although he received two Article 15s for minor offenses, these are not disqualifying factors for receiving the Army Good Conduct Medal.  He was promoted to SGT and he received "excellent" conduct and efficiency ratings during this period.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) for the period 25 August 1967 through 22 August 1969 and his DD Form 214 should be corrected to show this award.

5.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units which served in Vietnam.  The applicant was assigned to a unit which served in Vietnam.  Therefore, he is entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation and correction of his DD Form 214 to show this unit award.
6.  The applicant participated in four campaign phases during his service in Vietnam.  Therefore, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

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

	b.  awarding him the Purple Heart for wounds received in action on 12 November 1968;

	c.  awarding him the Army Good Conduct Medal (1st Award) for the period 25 August 1967 through 22 August 1969; and

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

* Purple Heart
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* 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)                                         AR20110014038



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110014038



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1