IN THE CASE OF:	  

		BOARD DATE:	    10 October 2013

		DOCKET NUMBER:  AR20130003372 


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 and its addition to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states he received a gunshot wound to the right thigh from the enemy in Vietnam while assigned to the 9th Infantry Division on 13 August 1968. He was authorized award of the Purple Heart in Vietnam, but the paperwork was lost and it was never recorded on his DD Form 214 since he was evacuated to Okinawa due to having hepatitis.  He would like his records to be corrected for his family, personal reasons, and to be eligible for benefits from the Department of Veterans Affairs (VA).

3.  The applicant provides:

* Induction Standard Form (SF) 88 (Report of Medical Examination) and SF 89 (Report of Medical History)
* 1968 SF 600 (Health Record – Chronological Record of Medical Care)
* 1968 letter to his mother
* Expiration of Term of Service (ETS) SFs 88 and 89
* DD Form 214
* VA Form 21-2507 (Request for Physical Examination)
* 1970 and 1975 VA Rating Decisions




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 military record shows he was inducted into the Army of United States on 5 February 1968.  He completed the training requirements and he was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  He served in Vietnam from 13 July 1968 through 8 March 1969.  He was assigned to Company B, 3rd Battalion, 60th Infantry Regiment, 9th Infantry Division.

4.  He provided copies of the following:

* An SF 600 which shows he received treatment for a leg wound between 31 August 1968 and 8 October 1968 at the 60th Infantry Aid Station
* A letter, dated 1 September 1968, wherein he advised his mother that he had been wounded in action
* An ETS SF 89, dated 7 January 1969, which indicated a fragment injury to his right thigh

5.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he was in a patient status from 8 December 1968 and he was evacuated to Irwin Army Hospital, Fort Riley, KS, on 8 March 1969.

6.  On 4 February 1970, he was honorably released from active duty in pay grade E-4.  He completed 2 years of net active service with no time lost.  His DD Form 214 lists the National Defense Service Medal, Vietnam Service Medal with one bronze service star, and Vietnam Campaign Medal with Device 1960.

7.  There are no orders in his military personnel records awarding him any Purple Heart.

8.  Item 38 of his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his period of service with "unknown" ratings while in a patient status.  There is also no evidence that his commander disqualified him for award of the Army Good Conduct Medal (1st Award).

9.  Item 41 of his DA Form 20 lists all of the awards shown on his DD Form 214 and the Sharpshooter Marksmanship Qualification Badge with Grenade and Rifle Bars.

10.  The Vietnam casualty roster shows he was wounded on 13 August 1968.  This roster shows his casualty status code for both injuries as "23."  This code indicates the status was "hostile wounded in action, not serious, hospitalized."  

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

12.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart 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 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for 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.  There must have been no convictions by a court-martial.  

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows his unit, 3rd Battalion, 60th Infantry Regiment, was cited for the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 1 December 1966 through 30 June 1968, by Department of the Army General Orders (DAGO) Number 59, dated 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for the period 19 December 1966 through 28 June 1969, by DAGO Number 59, dated 1969

DISCUSSION AND CONCLUSIONS:

1.  There are no general orders that show the applicant was awarded the Purple Heart.  However, the available evidence shows he was wounded on 13 August 1968 as a result of hostile action in Vietnam.  He was treated and the treatment was made a matter of official record.  Therefore, he is entitled to award of the Purple Heart and correction of his DD Form 214 to show this award.

2.  The evidence of record appears to show he met the criteria for award of the Army Good Conduct Medal (1st Award) for the period 5 February 1968 through 4 February 1970.  There is no derogatory information or evidence of record which shows he was disqualified by his commander for this award.  Therefore, he is entitled to award of the Army Good Conduct Medal (1st Award) and correction to his DD Form 214 to show this award.

3.  The evidence of record also shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Grenade and Rifle Bars and this award is not shown on his DD Form 214.  Therefore, his DD Form 214 should be corrected to show these awards.

4.  General orders awarded his unit the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, it would also be appropriate to correct his DD Form 214 to show these unit awards.

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 the applicant the Purple Heart for wounds received in action on 13 August 1968 in Vietnam
* awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 5 February 1968 through 4 February 1970
* adding to his DD Form 214 the:

* Purple Heart
* Army Good Conduct Medal (1st Award)
* Sharpshooter Marksmanship Qualification Badge with Grenade and Rifle Bars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation 
* Republic of Vietnam Civil Actions Honors Medal First Class 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)                                         AR20130003372



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ABCMR Record of Proceedings (cont)                                         AR20130003372



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