IN THE CASE OF:	  

		BOARD DATE:	  15 August 2013

		DOCKET NUMBER:  AR20130001240 


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

2.  The applicant states, in effect, his DD Form 214 is missing the Purple Heart he received during the Vietnam era.

3.  The applicant provides a copy of his 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 was inducted into the Army of the United States on 25 January 1968.  He completed training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

* item 31 (Foreign Service) – U.S. Army Pacific, Vietnam, from 29 August through 4 November 1968
* item 38 (Record of Assignments):

*	Company D, 2nd Battalion, 591st Infantry, Vietnam, 7 September to
7 October 1968
*	Patient status, 8 October 1968 to 6 April 1969

* item 38 also shows he had "excellent" conduct and efficiency ratings
* item 40 (Wounds) – fragment wounds chest, left shoulder, both buttocks, surgical enucleation on 8 October 1968

4.  The applicant’s service records contain multiple Western Union telefaxes, for the period 11 October through 2 November 1968.  A telefax, dated 11 October 1968, shows he was seriously injured on 8 October 1968 as a result of a metal fragment wound to the right eye with surgical enucleation of the right eye and metal fragment wounds to the chest, left shoulder, and both flanks.  He was injured while on combat operations in Vietnam when his vehicle came under a hostile mortar and rocket attack.

5.  The applicant's name appears on the Vietnam casualty roster.

6.  On 7 April 1969, the applicant was permanently retired by reason of physical disability.  His DD Form 214 shows award of the:

* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* National Defense Service Medal
* Parachutist Badge
* Vietnam Service Medal with one bronze service star

7.  A review of the U.S. Army Human Resources Command Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal any orders for the Purple Heart pertaining to the applicant.


8.  His record is void of documentation showing he received a commander's disqualification for award of the Army Good Conduct Medal.

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

   a.  The Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action.  Substantiating evidence must be provided to verify 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 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.  

10.  Department of the Army General Order 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 to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

11.  Army Regulation 600-8-22 states 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.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.  Individuals who qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and served for less than 6 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
* are also entitled to award of the Republic of Vietnam Campaign Medal with Device (1960)



DISCUSSION AND CONCLUSIONS:

1.  The applicant's DA Form 20 shows he sustained fragment wounds as a result of hostile action and he was hospitalized.  Additionally, his name appears on the Vietnam casualty roster.  He states he received the Purple Heart.  Therefore, he is entitled to correction of his DD Form 214 show this award.

2.  General orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of service.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

3.  The evidence of record shows he completed a period of honorable service during which he received all "excellent" conduct and efficiency ratings and had no convictions by a court-martial.  Additionally, there is no evidence that he was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Therefore, he is entitled to the Army Good Conduct Medal (1st Award) for the period 25 January 1968 through 7 April 1969 and correction of his 
DD Form 214 to show this award.

4.  The applicant is also entitled to award of the Republic of Vietnam Campaign Medal with Device (1960) as a result of his injury due to hostile action.  Therefore his records should be corrected 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 Army Good Conduct Medal (1st Award) for the period 25 January 1968 through 7 April 1969; and


	b.  adding to his DD Form 214:

		*	Army Good Conduct Medal
		*	Purple Heart
		*	Republic of Vietnam Gallantry Cross with Palm Unit Citation
		*	Republic of Vietnam Campaign Medal with Device (1960)




      _______ _   _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)                                         AR20130001240



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ABCMR Record of Proceedings (cont)                                         AR20130001240



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