IN THE CASE OF:	  

		BOARD DATE:	  22 May 2012

		DOCKET NUMBER:  AR20110022908 


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 his award of the Purple Heart.

2.  The applicant states he was awarded the Purple Heart for an injury he received in the Republic of Vietnam (RVN); however, he did not receive the medal set and it was never added to his record.

3.  The applicant refers to being a disabled veteran; however, he provides no documentary evidence in support of his application.

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 into the Army of the United States on 26 April 1968.  He was trained in and awarded military occupational specialty (MOS) 91B (Medical Specialist).  He was advanced to specialist four (SP4)/E-4 on 13 August 1969, and this is the highest rank/grade he attained while serving on active duty.

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the RVN from 21 October 1968 until on or about 20 November 1968.  Item 38 (Record of Assignments) shows that during the applicant's RVN tour, he was assigned to Headquarters and Headquarters Company (HHC), 1st Battalion,
26th Infantry Regiment, performing duties in MOS 91A as an ambulance driver.  Item 38 shows that on 20 November 1968, the applicant was assigned to the Medical Holding Company of the 106th General Hospital, Japan as a patient, and he was eventually medically evacuated to Fort Carson, CO as a patient on
22 December 1968.  Item 38 also shows the applicant received all "excellent" conduct and efficiency ratings throughout his service.

4.  The applicant's Military Personnel Records Jacket (MPRJ) is void of any derogatory information or a unit commander's disqualification that would have precluded him from being awarded the first award of the Army Good Conduct Medal.  The MPRJ contains a Standard Form (SF) 89 (Record of Medical History) that contains entries indicating the applicant received a gunshot wound to his right upper thigh in the RVN and a physician confirmation that this wound resulted in the applicant being hospitalized for 7 months.

5.  On 24 April 1970, the applicant was honorably released from active duty.  The DD Form 214 he was issued at that time shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Automatic Rifle Bar
(M-16) Bar

6.  Review of The Adjutant General's Office, Casualty Division's Vietnam casualty listing shows the applicant's name is listed as a casualty on 13 November 1968 under casualty status code "23."  This casualty code refers to "hostile wounded in action, not serious, hospitalized."

7.  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 United States failed to reveal any award orders pertaining to the applicant.


8.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, Army Good Conduct Medal, service medals and ribbons, combat and special skill badges and tabs, unit decorations, and trophies, and similar devices awarded in recognition of accomplishments.  It states:

	a.  in order to support award of the Purple Heart there must be evidence that the wound for which the award is being made was received as a result of enemy action; that it required treatment by military medical personnel; and a record of this treatment must have been made a matter of official record.

	b.  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 two campaigns:

* Vietnam Counteroffensive Phase V (1 July - 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)

	c.  the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Individuals who qualified for award of the Vietnam Service Medal and served for less than 6 months of service but were wounded as a result of hostile action were also entitled to this award.

9.  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 the 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.

10.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) assists commanders in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and 


unit citation badges awarded during the Vietnam Conflict.  It shows that during the applicant's tenure of assignment in the RVN, his unit (1st Battalion,
26th Infantry Regiment) was cited for award of the RVN Civil Actions Honor Medal First Class Unit Citation for the period October 1965 through 7 April 1970 by Department of the Army General Orders (DAGO) Number 53, dated 1970

11.  Department of the Army Pamphlet 672-3, paragraph 6d states that DAGO 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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant was wounded in action in the RVN on 13 November 1968, as evidenced by an SF 89 in the record and an entry on the Vietnam casualty listing, the official DA listing of RVN battle casualties.  Therefore, his DD Form 214 should be corrected to show this award.

2.  The applicant indicates he did not receive the Purple Heart medal set.  Therefore, it would be appropriate at this time to provide him the Purple Heart Medal set for wounds received in the RVN on 13 November 1968.

3.  The record also shows that based on his RVN service and campaign participation, he is entitled to:

* 2 bronze service stars for wear on his already-awarded Vietnam Service Medal
* RVN Campaign Medal with Device (1960)
* RVN Gallantry Cross with Palm Unit Citation
* RVN Civil Actions Honor Medal First Class Unit Citation

Therefore, his DD Form 214 should be corrected accordingly.

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

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period
26 April 1968 through 24 April 1970;

	c.  adding to his DD Form 214:

* Purple Heart 
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with 2 bronze service stars 
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

	d.  providing him the Purple Heart medal set for wounds received in action in the RVN on 13 November 1968.



      ___________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)                                         AR20110022908



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ABCMR Record of Proceedings (cont)                                         AR20110022908



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