IN THE CASE OF:	  

		BOARD DATE:  15 March 2012

		DOCKET NUMBER:  AR20110017747 


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.  He states his medical records will clearly show when the injury occurred and the time he spent in the medical facility.

3.  He does not provide any 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 
29 November 1965.  He served in the Republic of Vietnam from 14 December 1967 to 12 April 1968 and was assigned to Company D, 2nd Battalion, 501st Infantry Regiment.  He was honorably released from active duty on 5 September 1968 and credited with completing 2 years, 9 months, and 7 days of total active service.

3.  His DD Form 214 shows the following:

* Parachutist Badge
* National Defense Service Medal
* Vietnam Service Medal (VSM)
* Combat Infantryman Badge
* Republic of Vietnam Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge with Rifle Bars (M-16 and 
M-14)

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

* Item 38 (Record of Assignments) on 15 April 1968 he was listed as a patient at Valley Forge General Hospital, Phoenixville, PA
* Item 40 (Wounds) a gunshot wound to the chest, left shoulder on
15 February 1968

5.  Additionally, his name is listed on the Vietnam Casualty Roster.  The roster verified that he was wounded as a result of hostile action on 15 February 1968.

6.  His records show no evidence of nonjudicial punishments under Article 15 of the Uniform Code of Military Justice and no evidence of courts-martial or any other type of adverse action.  Additionally, his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his service.

7.  Army Regulation 600-8-22 (Military Awards) states that the Purple Heart is awarded for a wound sustained 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.

8.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the Army Good Conduct Medal (AGCM) is awarded to individuals who have completed a qualified period of active duty enlisted service.  This period is
3 years except in those cases when the period for the first award ends 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.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units which served in the Vietnam War.  This pamphlet shows 2nd Battalion, 501st Infantry Regiment, during the period the applicant was assigned, was cited for the award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Orders (DAGO) Number 48, dated 1971.  This pamphlet also shows the Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam between 20 July 1965 and 28 March 1973 by DAGO Number 8, dated 1974.

10.  Appendix B of Army Regulation 600-8-22 states that a bronze service star will be awarded for wear on the VSM for participation in each campaign.  His records indicate he participated in the following campaigns:

* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)
* Tet Counteroffensive (30 January 1968 - 1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April 1968 - 30 June 1968)

DISCUSSION AND CONCLUSIONS:

1.  The Vietnam Casualty Roster shows the applicant was wounded by a hostile force on 15 February 1968.  Additionally, his DA Form 20 confirms that he sustained a gunshot wound to the chest and left shoulder on that same day.  Therefore, based on the evidence provided, he is entitled to award of the Purple Heart and correction of his records to show this award.

2.  Evidence of record shows he received "excellent" conduct and efficiency ratings throughout his service, he had no adverse actions, and no commander's disqualification.  Therefore, he is entitled to award of the AGCM (1st Award) and correction of his DD Form 214 to show this award.

3.  The evidence of record shows he is entitled to wear the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his records should be corrected to show these unit awards.

4.  The evidence also shows he participated in three campaigns during his service in Vietnam.  Therefore, he is entitled to correction of his records to show three bronze service stars to be worn on his already-awarded VSM.

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 VSM;

	b.  awarding him the Purple Heart for wounds received on 15 February 1968;

   c.  awarding him the AGCM (1st Award) for the period 29 November 1965 through 5 September 1968; and

   d.  adding to item 24 of his DD Form 214 the Purple Heart, AGCM (1st Award), VSM with three bronze service stars, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the 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)                                         AR20110017747





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ABCMR Record of Proceedings (cont)                                         AR20110017747



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