IN THE CASE OF:	  

		BOARD DATE:	  31 January 2013

		DOCKET NUMBER:  AR20120013379 


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 that his award of the Purple Heart be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states he was wounded while on patrol in Vietnam in August 1969.  He was medically evacuated to Japan and underwent surgical intervention for the wound.

3.  The applicant provides no supporting documentation.

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 on 15 January 1968, completed training, and was awarded the military occupational specialty 11B (Light Weapons Infantryman).

3.  The available medical records do not include any reference to wounds sustained in Vietnam. 

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

	a.  advancement to specialist four (SP4);

	b.  assignment to Company D, 4th Battalion, 3rd Infantry Regiment from 26 June 1968 through 29 August 1968;

	c.  assignment as a patient from 30 August 1968 through 10 January 1969 conduct and efficiency ratings of all “excellent” or “unknown;”

	d.  service in three campaign periods; 
	
	e.  an item 40 (Wounds) entry of "FW  Left Arm  27 Aug 68," and 

	f.  award of the:
	
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Purple Heart (marked pending)
* Expert Marksmanship Qualification Badge with Machinegun Bar and Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

5.  The applicant was released from active duty on 6 July 1970 and placed on the Temporary Disability Retired List due to residuals of a 12 August 1969 car accident.  He was permanently medically retired with a 30 percent disability rating effective 30 April 1972. 

6.  His DD Form 214 shows he had 2 years, 5 months, and 22 days of creditable service with no lost time.  It lists his awards as the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Expert Marksmanship Qualification Badge with Machinegun Bar, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), and Expert Marksmanship Qualification Badge with Rifle Bar (M-14).
7.  The applicant's record contains no derogatory entries, disciplinary actions, nonjudicial punishment, or courts-martial that would suggest he was considered not eligible for award of the Army Good Conduct Medal.

8.  A review of the Vietnam Casualty List found the applicant's name at both line 280939 and 280940.  The line entry 280939 shows he was wounded on 23 August 1968 with a description of having of a "Battle Wound" incurred as a result of "Hostile Wounded In Action: Not Serious, Not Hospitalized."  The line entry 280940 shows he was wounded on 27 August 1968 with a description of having of a "Battle Wound" incurred as a result of "Hostile Wounded In Action: Not Serious, Hospitalized."

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that while the applicant was assigned to the 4th Battalion, 3rd Infantry Regiment, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  

10.  Army Regulation 600-8-22 (Military Awards) sets forth the policies and provisions for military awards.  It provides that:

	a.  The Purple Heart is awarded for a wound sustained while in action against the enemy or as a result of hostile action.  The wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record.  For each subsequent award an Oak Leaf Cluster would be awarded to be worn on the medal or ribbon.

	b.  The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  A record of punishment is not automatically disqualifying.  At that time, a single conduct or efficiency rating of less than “excellent” was disqualifying.  

	c.  The Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  


	d.  A bronze service star is authorized, based on qualifying service, for each designated campaign to be worn on the appropriate campaign or service medal.  Based on the applicant's dates of service in Vietnam, he participated during the following two campaign periods: the Counteroffensive Phase IV, 2 April 1968 - 30 June 1968; and the Counteroffensive Phase V, 1 July 1968 - 1 November 1968.

DISCUSSION AND CONCLUSIONS:

1.  The Vietnam Casualty Roster shows the applicant was wounded in combat on two occasions, four days apart.  

2.  The available evidence shows a second wound was serious enough to require hospitalization and medical evacuation from Vietnam for treatment.  The applicant's DA Form 20 states he had a Purple Heart pending but there is no indication of the award being issued.

3.  Based on all of the available evidence, it is appropriate to show the applicant was wounded twice, 23 August 1968 and 27 August 1968, and is entitled to award of the Purple Heart (2nd Award).

4.  The applicant served in combat, as an infantryman with an infantry unit.  As such he is entitled to award of the Combat Infantryman Badge. 

5.  The applicant distinguished himself by his conduct, efficiency and fidelity as evidenced by his combat service, his conduct and efficiency ratings, and his advancement to SP4.  The record contains no indication of any disqualifying incidents or recommendations.  It is appropriate to award the applicant the Army Good Conduct Medal for his period of service from 15 January 1968 through 
6 July 1970.

6.  The applicant served in Vietnam during only two campaign periods, not the three listed on the DA Form 20.  However, his DD Form 214 does not show that he is authorized to wear two bronze service stars on his already-awarded Vietnam Service Medal.  It is appropriate to correct this oversight.

7.  The applicant is also authorized award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and its addition to his DD Form 214.


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 the applicant the:

* Purple Heart (1st Award) for a wound received on 23 August 1968 
* Purple Heart (2nd Award) for a wound received on 27 August 1968
* Army Good Conduct Medal (1st award) for the period 15 January 1968 through 6 July 1970
* Combat Infantryman Badge

	b.  deleting the Vietnam Service Medal from his DD Form 214; and 

	c.  showing on his DD Form 214 his awards include the:

* Purple Heart (2nd Award)
* Award Good Conduct Medal (1st Award)
* Vietnam Service Medal with two bronze service stars
* Combat Infantryman Badge
* 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)                                         AR20120013379



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ABCMR Record of Proceedings (cont)                                         AR20120013379



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