IN THE CASE OF:	  

		BOARD DATE:  5 June 2012

		DOCKET NUMBER:  AR20110023473 


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.  The applicant states he was:

* wounded on an ambush patrol outside Saigon sometime in February or early March 1969
* treated in a field dispensary by a medical doctor with the rank of captain
* x-rayed, which showed he had five pieces of shrapnel
* told the shrapnel would dissolve in bodily fluids or come to the surface some day, so the doctor cleaned and stitched the wound
* young and the Purple Heart did not really mean that much to him, but now it does and he wants to be recognized

3.  The applicant provides self-authored statements.

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 27 March 1967.  He completed training and was awarded military occupational specialty 11C (Indirect Fire Infantryman).  The highest rank/grade he attained while on active duty was sergeant/E-5.

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

   a. Item 31 (Foreign Service) shows U.S. Army Pacific – Vietnam for the period 24 August 1967 to 23 July 1968.

   b. Item 38 (Record of Assignments) shows Company C, 4th Battalion, 39th Infantry, 9th Infantry Division for the period 26 August 1967 to 18 August 1967.

   c. Item 38 also shows he received conduct and efficiency ratings of "excellent" for his duty assignments listed.  His record shows that as a noncommissioned officer, he received nonjudicial punishment under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ) for being asleep on post.  His punishment consisted of 14 days restriction to quarters and a forfeiture of $52.  His record does not contain a record of a commander's disqualification for award of the Army Good Conduct Medal.

   d. Item 40 (Wounds) shows "Fragment Wound Right Shoulder, 21 February 1968."

   e. Item 41 (Awards and Decorations) does not show award of the Purple Heart.

4.  On 26 March 1970, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training).

5.  His DD Form 214 shows award of the following:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Combat Infantryman Badge
* Sharpshooter Marksmanship Qualification Badge (Rifle)

6.  The applicant's records also contain a DA Form 1380 (U.S. Field Medical Card), dated 21 February 1968, which shows he was diagnosed with shrapnel in his right shoulder.

7.  The Vietnam Casualty Roster contains the applicant's name as having been wounded in Vietnam on 21 February 1968.

8.  A review of the applicant's records show he is entitled to additional awards and decorations.

9.  General Orders Number 7278, Headquarters, 9th Infantry Division, dated 23 August 1968, show the applicant was awarded the Army Commendation Medal.

10.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action.  Substantiating evidence must be provided to verify 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.

11.  Army Regulation 600-8-22 provides for award of the Vietnam Service Medal.  It states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  Appendix B shows participation credit was awarded for four campaigns during his service in Vietnam – Vietnam Counteroffensive Phase III, Tet Counteroffensive, Vietnam Counteroffensive Phase IV, and Vietnam Counteroffensive Phase V.
  
12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows awards received by units serving in the Republic of Vietnam.  The unit to which the applicant was assigned while serving in Vietnam was cited for the Republic of Vietnam Gallantry Cross with Palm Unit Citation by DAGO Number 48, dated 1971, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by DAGO Number 51, dated 1971.

13.  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 request for correction of his DD Form 214 to show award of the Purple Heart was carefully considered and determined to have merit.

2.  The preponderance of evidence shows he incurred a fragment wound to his right shoulder as the direct result of hostile action while serving in the Republic of Vietnam on 21 February 1968.  Therefore, this is accepted as sufficient evidence with which to award him the Purple Heart and to correct his DD Form 214 to show receipt of the Purple Heart.

3.  His records show he was awarded the Vietnam Service Medal.  The evidence also shows he participated in four campaigns during his service in Vietnam.  Therefore, he is entitled to four bronze service stars affixed to his previously-awarded Vietnam Service Medal.

4.  DAGO Number 48, dated 1971, awarded the unit to which the applicant was assigned the Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, he is entitled to correction of his DD Form 214 to show this unit award.

5.  DAGO Number 51, dated 1971, awarded the unit to which the applicant was assigned the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; therefore, he is entitled to correction of his DD Form 214 to show this unit award.

6.  General Orders Number 7278 awarded the applicant the Army Commendation Medal; therefore, he is entitled to correction of his DD Form 214 to show this award.

7.  The evidence of record shows he completed a period of honorable service during which he received all "excellent" conduct and efficiency ratings and had no convictions by a court-martial.  Although he received an Article 15, UCMJ, his punishment only consisted of a restriction and forfeiture of pay.  He was not reduced in rank and there is no evidence that he was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Therefore, he is entitled to the first award of the Army Good Conduct Medal for the period 
27 March 1967 through 26 March 1970 and to correction of his records to show this award.



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. awarding him the following:  

* the Purple Heart for wounds received in action on 21 February 1968 as the result of hostile action by enemy forces
* the Army Good Conduct Medal (1st Award) for the period 27 March  1967 through 26 March 1970

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

* Purple Heart
* Army Good Conduct Medal (1st Award)
* Army Commendation Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* four bronze service stars to his previously-awarded Vietnam Service Medal




      ____________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)                                         AR20110023473



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ABCMR Record of Proceedings (cont)                                         AR20110023473



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