IN THE CASE OF:	  

		BOARD DATE:  19 July 2012

		DOCKET NUMBER:  AR20120000945 


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 award of the Purple Heart and its addition to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states that he would like to receive this medal.

3.  The applicant provides:

* DA Form 8-275-2 (Clinical Record Cover Sheet)
* DA Form 8-275-3 (Clinical Record Cover Sheet)
* DD Form 214

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 was inducted into the Army of the United States on 6 September 1966 for 2 years.  He completed training and he was awarded military occupational specialty 91B (Medical Specialist).  

3.  He served in Vietnam from 17 January through 24 March 1968 during two campaigns.  He was assigned to:

* Headquarters and Headquarters Company, 65th Engineer Battalion, 25th Infantry Division from 26 to 27 January 1968
* Headquarters and Headquarters Troop, 3rd Squadron, 4th Cavalry, 25th Infantry Division from 28 January to 5 March 1968 
* Patient Status, 249th General Hospital, Japan, from 6 to 23 March 1968
* Patient Status, Brooke Army Medical Center, Fort Sam Houston, Texas, on 25 March 1968

4.  He provided a DA Form 8-275-2 which shows he sustained a fragment wound to his right leg and a contusion of the right peroneal nerve and received treatment at the 12th Evacuation Hospital.  The form also shows he was injured by hostile forces mortar fragments in Vietnam on 28 February 1968.  The form further states the Purple Heart was not awarded by that station.

5.  He also provided a DA Form 8-275-3 which shows he sustained a fragment wound to his right leg and a contusion of the right peroneal nerve and was placed in a patient status.  The form also shows he was injured by hostile forces mortar fragments in Vietnam on 28 February 1968.  The form further states the Purple Heart was recommended, but not awarded by that station.

6.  His DA Form 20 (Enlisted Qualification Record), Item 40 (Wounds), contains the entry "Fragment wound to right leg on 28 February 1968."  Item 41 (Awards and Decorations) of this form does not list the Purple Heart.  There are no orders in his military personnel records awarding him the Purple Heart.

7.  He was honorably released from active duty in pay grade E-5 on 5 September 1968, at the expiration of his term of service, and was transferred to the U.S. Army Reserve Control Group (Annual Training).  He was credited with completing 2 years of active service and no time lost.

8.  His DD Form 214 lists the:

* National Defense Service Medal
* Vietnam Service Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
9.  Item 38 (Record of Assignments) of his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his service.  There is no evidence that any disciplinary action was taken against him during his period of active service.  There is also no evidence that his commander disqualified him for award of the Army Good Conduct Medal (1st Award).

10.  His name is not listed on the Vietnam casualty roster.

11.  Army Regulation 600-8-22 (Military Awards) states:

   a.  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.

    b.  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.  Also eligible for this award are individuals who qualified for award of the Vietnam Service Medal and served for less than six months of service but:

* were wounded as a result of hostile action 
* were captured by hostile forces but later escaped or were rescued or released
* were killed in action or otherwise in line of duty

     c.  A bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in. 

12.  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.  

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows his unit, 25th Infantry Division, was cited for the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 25 December 1965 - August 1968, by Department of Army General Orders (DAGO) Number 48 dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period1 January 1966 - 21 January 1970, by DAGO Number 51, dated 1971

DISCUSSION AND CONCLUSIONS:

1.  There are no general orders that show the applicant was awarded the Purple Heart.  However, the evidence of record shows he was wounded as a result of hostile action in Vietnam on 28 February 1968, the injury was determined to be in the line of duty, and he received treatment and the treatment was made a matter of official record.  The evidence shows he is qualified for award of the Purple Heart.  Therefore, he is entitled to award of the Purple Heart and correction of his DD Form 214 to show this award.

2.  His service and being wounded in Vietnam make him eligible for award of the Republic of Vietnam Campaign Medal with Device (1960), and this award should be added to his DD Form 214.

3.  While in the Army, he attained pay grade E-5, served and was wounded in action in Vietnam, and received "excellent" conduct and efficiency ratings throughout his period of service.  He is therefore entitled to award of the Army Good Conduct Medal (1st Award) for the period 6 September 1966 through 5 September 1968 and to have it added to his DD Form 214.

4.  The evidence of record also confirms he participated in two campaigns while serving in Vietnam.  Therefore, he is entitled to award of two bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

5.  General orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, it would also be appropriate to correct his DD Form 214 to show these unit awards.

6.  In view of the foregoing, his records should be corrected as recommended below.

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:

* awarding him the Purple Heart for wounds received as a result of hostile action in the Republic of Vietnam on 28 February 1968
* awarding him the Army Good Conduct Medal (1st Award) for his honorable period of service from 6 September 1966 through 5 September 1968
* deleting from his DD Form 214 the Vietnam Service Medal
* adding to his DD Form 214 the:

* Purple Heart
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with two 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 



      __________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)                                         AR20120000945





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ABCMR Record of Proceedings (cont)                                         AR20120000945



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