IN THE CASE OF:	  

		BOARD DATE:  11 October 2012

		DOCKET NUMBER:  AR20120007912 


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, that he be awarded the Purple Heart (PH).

2.  The applicant states he was wounded as the result of hostile action in the Republic of Vietnam (RVN) on 14 November 1968.

3.  The applicant provides:

* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* Standard Form (SF) 89 (Report of Medical History)
* Western Union Telegram
* DA Form 20 (Enlisted Qualification Record)

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 in the Army of the United States on 20 November 1967.  He completed basic combat and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).  The highest rank/grade he attained while serving on active duty was specialist four/    E-4.

3.  His records show he served in the RVN with Company C, 1st Battalion 6th Infantry, 198th Infantry Brigade and Company C, 2nd Battalion, 1st Infantry, 196th Infantry Brigade from 27 April 1968 to 24 February 1969.  He was honorably released from active duty on 19 November 1969 and transferred to the USAR after serving 2 years of creditable active service.

4.  The applicant's DD Form 214 shows the following awards:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Combat Infantryman Badge

5.  The applicant provided a copy of his SF 89 documenting his medical history.  The form contained an entry indicating he was wounded on his right arm while serving in the RVN.

6.  Item 38 (Record of Assignment) of his DA Form 20 shows he was assigned in a patient status to the Medical Holding Detachment (MHD), 106th General Hospital on 22 December 1968.

7.  Item 40 (Wounds) of the DA Form 20 contains an entry indicating the applicant received a fragment wound (FW) to his right arm in the RVN on 14 November 1968.  Item 41 (Awards and Decorations) does not show the applicant was awarded the PH.

8.  A review of the applicant's Army Military Human Resource Record (AMHRR) shows no derogatory information that would disqualify him for the first award of the Army Good Conduct Medal (AGCM).  Furthermore, item 38 of his DA Form 20 shows he received all "excellent" efficiency ratings during his military service.

9.  The applicant provided a copy of Western Union telegram which notified his parents that he had been slightly wounded in action in the RVN on 14 November 1968.

10.  Review of The Adjutant General's Office, Casualty Division's Vietnam casualty listing shows the applicant's name is listed as a casualty on 14 November 1968.

11.  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 Army Human Resources Command, failed to reveal any award orders pertaining to the applicant.

12.  Army Regulation 600-8-22 (Military Awards) provides that the PH 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

13.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the AGCM 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.

14.  Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to
28 March 1973.

15.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on 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 Appendix B shows that during his service in Vietnam, campaign participation credit was awarded for the:

* Vietnam Counteroffensive, Phase IV, which extended from 2 April 1968 through 30 June 1968 
* Vietnam Counteroffensive, Phase V, which extended from 1 July 1968 through 1 November 1968 

* Vietnam Counteroffensive, Phase VI, which extended from 2 November 1968 through 22 February 1969

DISCUSSION AND CONCLUSIONS:

1. The applicant’s request for award of the PH was carefully considered and determined to have merit.

2.  The evidence of record shows the applicant received a FW to his right arm as a result of hostile action on 14 November 1968 in the RVN as evidenced by his name on Vietnam casualty roster and for being hospitalized for these wounds.  Therefore, it would be appropriate to award the applicant the PH and add this award to his DD Form 214.

3.  The applicant served honorably on active duty from 20 November 1967 through 19 November 1969, he completed a combat tour in RVN, attained the rank/grade of specialist four/E-4, and received all "excellent" conduct and efficiency ratings during his military service.  Lacking any derogatory information on file that would have disqualified him from receiving the first award of the AGCM, it would be appropriate to award the applicant the AGCM and add this award to his DD Form 214.

4.  General Orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not listed on his DD Form 214.  Therefore, it would be appropriate to correct his DD Form 214 to show this award.

5.  The applicant was awarded the Vietnam Service Medal.  He also participated in three campaigns while serving in the RVN.  Therefore, it would appropriate to have three bronze service stars affixed to his already-awarded Vietnam Service Medal.

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:

* awarding him the PH for wounds received in action on 14 November 1969 in RVN
* awarding him the AGCM (1st Award) for exemplary behavior, efficiency, and fidelity during the period 20 November 1967 to 19 November 1969
* adding to his DD Form 214 the:

* PH
* AGCM
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* three bronze service stars to be affixed to his already-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)                                         AR20120007912



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120007912



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1