BOARD DATE:    10 May 2012

		DOCKET NUMBER:  AR20110022550
 

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 Parachutist Badge, Combat Infantryman Badge, and Purple Heart.  He also requests, in effect, the removal of the "86 Days Lost Time:  25 April-20 July 1968" entry from item 30 (Remarks) of his DD Form 214.

2.  The applicant states, in effect, that he earned the Parachutist Badge by graduating from Airborne training and he earned the Combat Infantry Badge as he was in an infantry unit with an infantry military occupational specialty (MOS) in Vietnam.  He should be awarded the Purple Heart as he was wounded in action in Vietnam.  A telegram sent to his parents did not completely describe the wound.  Concerning the 86 days of lost time, he was never in a court of law.  He was granted permission to leave the field by his squad leader who was killed the same evening.  

3.  The applicant provides copies of his DD Forms 214, Airborne Course Diploma, Western Union Telegram dated 19 March 1968, and a three page description of certain events in Vietnam.

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 enlisted in the Regular Army on 6 October 1966.  He completed training, to include basic Airborne, and was awarded MOS 11B (Light Weapons Infantryman).  

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

	a.  item 38 (Record of Assignments) he was assigned in Vietnam, as a automatic riflemen to the 3d Battalion, 187th Infantry, from 3 December 1967 through 30 September 1969;

	b.  item 40 (Wounds) Fragment Wound to Back, 14 March 1968; 

	c.  item 41 (Awards and Decorations) he was awarded or authorized the National Defense Service Medal, Parachutist Badge, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), and Combat Infantryman Badge; and

	d.  item 44 (Time Lost) 25 April to 20 July 1968  86 days due to Confinement.

4.  His DA Form 20B (Record of Court-Martial Conviction) indicates he was tried by Special Court Martial for violation of Article 86 of the Uniform Code of Military Justice in that he did on or about 21 March 1968, with intent to avoid hazardous duty, quit his unit, and did remain so absent in desertion until on or about
22 March 1968.  His punishment included forfeiture of $68.00 per month for 
6 months, to be confined at hard labor for six months, and to be reduced to private E-1.  

5.  The applicant was released from active duty on 4 October 1969, as a specialist four/E-4.  He had completed 2 years, 9 months, and 3 days of active duty service.  His DD Form 214 shows in:

	a.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) the:



* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal

	b.  item 24 (Non-Pay Periods/Time Lost):  25 April – 20 July 1968; and 

	c.  item 30 "86 days Lost Time:  25 April-20 July 1968."

6.  His record contains:

	a.  special orders showing he was awarded the Combat Infantryman Badge and that he qualified for the Sharpshooter Marksmanship Qualification Badge with Rifle, Automatic Rifle and Machinegun Bars.

	b.  A Western Union Telegram addressed to the applicant's parents, dated 19 March 1968, stating he was slightly wounded in Vietnam on 14 March 1968, as a result of hostile action.  The telegram states he received metal fragment wounds to the back while on a combat operation when a hostile grenade exploded.  He was treated and returned to duty.  

	c.  special court-martial orders showing he was found guilty of violation of Article 85,of the UCMJ, in that he did on or about 21 March 1968, with intent to avoid hazardous duty, namely; engaging in an infantry combat operation, quit his unit, and remain absent in desertion until on or about 22 March 1968.  He was sentenced to forfeiture of $68.00 per month for six months, confinement at hard labor for six months, and reduction to private E-1.  He served 86 days of the confinement.

7.  His available records do not contain orders for the Purple Heart.

8.  His name is listed on the Vietnam casualty roster with a date of casualty of
14 March 1968 under Casualty Status code 24, which indicates he was, hostile wounded in action - not serious – not hospitalized.

9.  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 Purple Heart orders pertaining to the applicant.

10.  Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance for the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign.  During his service in Vietnam, participation credit was awarded for the following four campaigns:

* Vietnam Counteroffensive Phase V	1 July-1 November 1968
* Vietnam Counteroffensive Phase VI	2 November 1968-22 February 1969
* Tet 69 Counteroffensive 1969	23 February-8 June 1969
* Vietnam Summer-Fall 1969	9 June-31 October 1969

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the Republic of Vietnam.  This pamphlet shows his unit was cited for:

	a.  two awards of the Presidential Unit Citation for the period 13 June-
23 September 1968 by Department of the Army General Orders (DAGO) Number 38, dated 1971, and for the period 10-21 May 1969 by DAGO Number 16, dated 1972; 

	b.  two awards of the Valorous Unit Award for the period 16-22 March 1968 by DAGO Number 22, dated 1976, and for the period 17 April-7 May 1969 by DAGO Number 2, dated 1971;

	c.  the Meritorious Unit Commendation for the period 14 March-3 October 1968 by DAGO Number 22, dated 1976; and 
 
	d.  the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 19 July 1968-14 May 1969 by DAGO Number 43, dated 1970.

12.  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.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows the applicant was wounded as a result of hostile action, as corroborated by his name being listed on the Vietnam casualty roster, the entry in item 40 of his DA Form 20 showing a fragment wound to his back on 14 March 1968, and the casualty notification to his next of kin.  In view of the evidence, he should be awarded the Purple Heart. 

2.  The applicant's record contains orders showing he was awarded the Combat Infantryman Badge and that he qualified for the Sharpshooter Marksmanship Qualification Badge with Rifle, Automatic Rifle and Machinegun Bars.  Additionally, the applicant provides a diploma for the Airborne course. 

3.  Records show the applicant participated in four campaign periods during his service in Vietnam.  Therefore, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal.  

4.  During the applicant's assignment in Vietnam, his unit was cited for two awards of the Presidential Unit Citation, two awards of the Valorous Unit Award, one award of the Meritorious Unit Commendation, and one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

5.  His DD Form 214 should be corrected to show the above awards.  

6.  The entry in item 30 of his DD Form 214 showing "86 Days Lost Time: 
25 April-20 July 1968" is verified by the sentence to confinement he received as a result of special court-martial.  The entry should not be removed from the 
DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__x__  ___x_____  ____x____  GRANT PARTIAL RELIEF 
 
________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial 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 Purple Heart for wounds sustained in action on 14 March 1968 and



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

* Purple Heart
* Presidential Unit Citation (2 Awards)
* Valorous Unit Award (2 Awards)
* Meritorious Unit Commendation
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation 
* Combat Infantryman Badge
* Parachutist Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle, Automatic Rifle and Machinegun Bars

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to removing the lost time entry from the 
DD Form 214.



      ___________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)                                         AR20100025029



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ABCMR Record of Proceedings (cont)                                         AR20110022550



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