IN THE CASE OF:	  

		BOARD DATE:	  26 January 2012

		DOCKET NUMBER:  AR20110015171 


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 that he be awarded the Purple Heart.

2.  The applicant states that he should have been awarded the Purple Heart for wounds received when he was shot by a sniper in Vietnam.

3.  The applicant provides a copy of a morning report showing he sustained a gunshot wound at 2320 hours on 6 June 1968, a copy of his profile issued at the 7th Field Hospital, a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 

CONSIDERATION OF EVIDENCE:

1.  The applicant was inducted in Chicago, Illinois on 2 August 1967.  He completed his one-station unit training as a light vehicle driver at Fort Leonard Wood, Missouri and was transferred to Vietnam on 19 December 1967 and was assigned to the 585th Transportation Company for duty as a heavy vehicle driver.

2.  On 9 June 1968 he sustained a gunshot wound to the left leg and was transferred to the 7th Field Hospital and then to the 6th Convalescent Hospital.  His name is contained on the Vietnam Casualty Listing and he was returned to his unit on 13 September 1968.  He was promoted to the pay grade of E-5 on 
19 November 1968.  There is no evidence in the available records to show that he was awarded the Purple Heart.

3.  He departed Vietnam on 12 December 1968 and was transferred to 
Fort Benning, Georgia where he remained until he was honorably released from active duty (REFRAD) on 1 August 1969 due to the expiration of his term of service (ETS).  His DD Form 214 issued at the time of his REFRAD shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal with two bronze service stars, and the Vietnam Campaign Medal with Device (1960). 

4.  A review of the applicant’s official records shows that he had excellent conduct and efficiency ratings throughout his service and is void of derogatory information that would serve to disqualify him for award of the Army Good Conduct Medal (AGCM).

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 for award of the Purple Heart or any other awards.

6.  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.

7.  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 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.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It shows that the FSM's unit was awarded the Republic of Vietnam Gallantry Cross with Gold Star Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he served with the unit.
DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he should have been awarded the Purple Heart has been noted and appears to have merit.  The applicant was wounded in Vietnam on 6 June 1968 and was transferred to a military hospital for treatment.  Therefore, given his name is contained on the Vietnam Casualty Listing, it is reasonable that his wounds were the result of enemy action and that he is entitled to award of the Purple Heart.

2.  A review of the applicant's records show he had "excellent" conduct and efficiency ratings throughout his period of service and his records contain no derogatory information that would serve to disqualify him for the AGCM (1st Award).  Therefore, it appears that the failure to award him this medal was the result of an administrative error.  Accordingly, he should be awarded the AGCM (1st Award) for the period 2 August 1967 to 21 August 1969 and his DD Form 214 should be corrected to show this medal.

3. Additionally, he served during a period in Vietnam when his unit was awarded the Republic of Vietnam Gallantry Cross with Gold Star Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Accordingly they should be added to his 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:

1.  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:

* Awarding him the Purple Heart for wounds received in action in Vietnam on 6 June 1968 and adding it to his DD Form 214
* Awarding him the AGCM (1st Award) for the period 2 August 1967 to 21 August 1969 and adding it to his DD Form 214
* Adding the awards of the Republic of Vietnam Gallantry Cross with Gold Star Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation to his DD Form 214

2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      ____________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)                                         AR20110015171





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ABCMR Record of Proceedings (cont)                                         AR20110015171



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