IN THE CASE OF:	  

		BOARD DATE:  12 July 2012

		DOCKET NUMBER:  AR20120007378 


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, in effect, award of the Purple Heart (PH).

2.  The applicant states he was wounded when he stepped on a land mine in Vietnam but never received the PH.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), copies of his medical records, and a letter of reference.

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.  On 27 July 1967, the applicant was inducted into the Army of the United States.  The highest rank he attained while serving on active duty was specialist four/E4.

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) with the Company D, 5th Battalion, 12th Infantry, 199th Infantry Brigade and Company C, 2nd Battalion, 12th Infantry, 199th Infantry Brigade, from 5 April 1968 to 4 April 1969.

4.  Item 38 (Record of Assignments) of his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his military service with no evidence of derogatory information in his military record.

5.  Item 40 (Wounds) of his DA Form 20 shows he sustained multiple fragment wounds to his body and a broken right leg on 6 October 1968.

6.  Item 41 (Awards and Decorations) of his DA Form 20 shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar     (M-60) and Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).

7.  The applicant's DD Form 173 (Joint Message Form) states that he sustained wounds on 6 October 1968 in the RVN as result of hostile action that were incurred in the "Line of Duty."

8.  The applicant's official military personnel file is void of any orders or documents that indicate he was ever awarded the PH by proper authority while serving on active duty.  

9.  The applicant's name is not listed on the Vietnam casualty roster.

10.  The applicant's DD Form 214 shows he retired for temporary disability on 27 October 1969, and he completed 2 years, 3 months, and 1 day of creditable active military service with no lost time.  It shows he was awarded the Combat Infantryman Badge, National Defense Service Medal, Vietnam Service Medal, and the Vietnam Campaign Medal with 60 device.

11.  The applicant provided a letter of reference from his commander which states he received wounds in combat.  Additionally, he provided medical records that show he sustained multiple fragmentation wounds of both lower and upper extremities.

12.  Army Regulation 600-8-22 (Military Awards) provides the Army's awards policy.  Paragraph 2-8 contains guidance on the PH.  It states the PH is awarded to members wounded in action and states that in order to award the PH, there must be evidence the wound for which the award is being made was received as a result of enemy action, the wound required treatment by military medical personnel, and a record of the medical treatment was made a matter of official record.

13.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal (AGCM) 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.

14.  Army Regulation 600-8-22 contains the regulatory guidance on the Vietnam Service Medal (VSM).  It states 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.  A silver service star is authorized in lieu of five bronze service stars.  The applicant participated in the following campaigns:

* The Tet Counteroffensive
* Vietnam Counteroffensive Phase IV
* Vietnam Counteroffensive Phase V
* Vietnam Counteroffensive Phase VI
* The Tet 69 Counteroffensive

15.  Department of the Army General Order Number 8, dated in 1974, awarded the RVN Gallantry Cross with Palm Unit Citation to all units in the RVN from        8 February 1962 through 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant was wounded on 6 October 1968 and he sustained multiple fragment wounds to his body and a broken right leg as a result of hostile action.  Therefore, it would be appropriate to award the applicant the PH and add it to his DD Form 214.

2.  The applicant did not have any evidence of derogatory information in his military record or a disqualification from a unit commander that would have precluded him from receiving the AGCM.  He received "excellent" efficiency and conduct ratings throughout his military service; therefore, it would be appropriate to award the applicant the AGCM and add it to his DD Form 214.
4.  The applicant's records show that he was awarded the VSM.  The evidence shows he participated in five campaigns during his service in the RVN; therefore, he is eligible for wear of one silver service star affixed to his previously awarded VSM.

5.  Item 41 of his DA Form 20 shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60) and Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).  These badges should be added to his DD Form 214.

6.  While the applicant was assigned to his unit, it was cited for award of the RVN Gallantry Cross with Palm Unit Citation.  Therefore, it would be appropriate to correct the 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 PH for wounds received on 6 October 1968.

b. awarding him the AGCM (1st award) for the period 27 July 1967 through 27 October 1969 and

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

* PH
* AGCM
* One silver service star affixed to his previously-awarded VSM 
* RVN Gallantry Cross with Palm Unit Citation
* Marksman Marksmanship Qualification Badge with Rifle Bar 
(M-16)
* Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60)



      _______ _   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)                                         AR20120007378



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ABCMR Record of Proceedings (cont)                                         AR20120007378



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