BOARD DATE:	  9 October 2012

		DOCKET NUMBER:  AR20120007261 


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.

2.  The applicant states he never received the Purple Heart for injuries he received in Vietnam.  He still experiences some pain in his back and hipbone due to shrapnel wounds. 

3.  The applicant provides a Department of Veterans Affairs Rating Decision.

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 records show he was inducted into the Army of the United States on 26 September 1966 and he held military occupational specialty 11B (Light Weapons Infantryman).  
3.  He received nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice, as follows, for:

* being absent without leave from 17 to 21 May 1967
* failing to report to his appointed place of duty on 31 May 1967

4.  He served in Vietnam from 4 October 1967 to 16 September 1968 while assigned to the 1st Battalion, 6th Infantry, 198th Infantry Brigade.  He was promoted to the rank/grade of specialist four (SP4)/E-4 on 22 February 1968.

5.  He was honorably released from active duty on 20 September 1968 in the rank of SP4 and transferred to the U.S. Army Reserve.  He completed 1 year, 11 months, and 21 days of creditable active service with 4 days of lost time.

6.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows the:

* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Vietnam Campaign Medal 
* Vietnam Service Medal
* Two Overseas Service Bars
* Combat Infantryman Badge

7.  His records do not include orders for the Purple Heart.

8.  A review of The Adjutant General's Office Casualty Division's Vietnam casualty listing shows the applicant's name is listed as a casualty on 21 May 1968 under casualty status code "23."  This casualty code refers to "hostile wounded in action, hospitalized."

9.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his service.  His record is void of any convictions by a court-martial or a commander's disqualification for the Army Good Conduct Medal (1st Award).

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

11.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance for the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  A review of his records shows that during his service in Vietnam he participated in four campaigns.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), paragraph 6d states DA General Orders (GO) Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 through 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant was wounded in action in Vietnam on 21 May 1968.  Therefore, he is entitled to award of the Purple Heart and correction of his DD Form 214 to show this award.

2.  Although he received NJP on two occasions for relatively minor offenses, the evidence of record shows he served honorably from 26 September 1966 through 20 September 1968.  He served in Vietnam and received all "excellent" conduct and efficiency ratings throughout his military service.  His record is void of any convictions by a court-martial or a commander's disqualification that would have precluded him from receiving the Army Good Conduct Medal (1st Award).  Therefore it would be appropriate to award him this medal and correct his 
DD Form 214 to show this medal.

3.  His record confirms he participated in four campaigns while serving in Vietnam.  Therefore, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 accordingly.

4.  GO awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show this unit 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:

* awarding him the Purple Heart for wounds received in action in Vietnam on 21 May 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 four bronze service stars
* 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)                                         AR20120007261



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ABCMR Record of Proceedings (cont)                                         AR20120007261



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