IN THE CASE OF:	

		BOARD DATE:	  19 August 2014

		DOCKET NUMBER:  AR20140000310 


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 he be awarded the Purple Heart.

2.  The applicant states he received gunshot wounds as a result of enemy action on 10 December 1968 and should have been awarded the Purple Heart. 

3.  The applicant provides copies of clinical records showing his treatment for gunshot wounds and a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

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 U.S. Army on 19 July 1967.  He completed his basic training at Fort Campbell, KY and his advanced individual training as a light weapons infantryman at Fort Polk, LA and was then transferred to Fort Benning, GA to attend the Noncommissioned Officer (NCO) Candidate Course.  He was promoted to the rank of sergeant on 2 April 1968 and he was transferred to Fort Polk, where he remained until he was transferred to Vietnam on 30 June 1968 for assignment to Company D, 1st Battalion, 2nd Infantry Regiment, 1st Infantry Division.

3.  The applicant sustained multiple gunshot wounds as a result of enemy action on 10 December 1968.  He was subsequently medically evacuated to a hospital at Camp Zama, Japan and then to Fitzsimons General Hospital at Denver, CO.

4.  Review of The Adjutant General's Office, Casualty Division's Vietnam casualty listing shows the applicant's name is listed as a casualty, on 10 December 1968,
under casualty status code "23."  This casualty code refers to "hostile wounded in action, not serious, hospitalized."

5.  On 3 July 1969, he was honorably released from active duty (REFRAD).  He had served 1 year, 11 months, and 15 days of active service and his DD Form 214 issued at the time of his REFRAD shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Silver Star
* Bronze Star Medal with “V” Device
* Army Commendation Medal with “V” Device

6.  A review of his official records failed to show any evidence of the applicant being awarded the Purple Heart.  However, his records do show that he had all “excellent” conduct and efficiency ratings throughout his service and his record is void of derogatory information that would serve to disqualify him for the first award of the Army Good Conduct Medal (AGCM).

7.  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.

8.  Army Regulation 600-8-22 states the AGCM 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.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant’s unit was awarded the: 

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 12 July 1965 through 16 October 1968 by Department of the Army General Order (DAGO) Number 21, dated 1969 
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period October 1965 through 7 April 1970 by DAGO Number 53, dated 1970 

10.  Army Regulation 600-8-22 states a bronze service star, based on qualifying service for each campaign listed in appendix B, will be worn on the appropriate service medal including the Vietnam Service Medal.  During his service in Vietnam, the applicant participated in the following two campaigns:

* Vietnam Counteroffensive Phase V (1 July - 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)

DISCUSSION AND CONCLUSIONS:

1.  The applicant received multiple gunshot wounds on 10 December 1968 as a result of enemy action in Vietnam and treatment was made a matter of record.  Accordingly, he is entitled to be awarded the Purple Heart and to have it added to his DD Form 214.

2.  After carefully examining the applicant’s record of service, it appears the applicant should have received the AGCM (1st Award) for his service from 
19 July 1967 through 3 July 1968.  This conclusion is based on the fact that the record is void of any derogatory information which would preclude the applicant from being awarded the AGCM (1st Award) and the lack of any specific action by the applicant’s unit commander to disqualify him from receiving this award.

3.  The applicant served in two campaigns during his service in Vietnam therefore, he is entitled to two bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

3.  Additionally, the applicant’s unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period he served with the unit.  Therefore, his DD Form 214 should be corrected 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:

* Deleting from his DD Form 214 the Vietnam Service Medal 
* Awarding him the Purple Heart for wounds received in action in Vietnam on 10 December 1968
* Awarding him the AGCM (1st Award) for the period 19 July 1967 through 3 July 1970
* Adding to his DD Form 214 the Vietnam Service Medal with two bronze service stars, Purple Heart, AGCM (1st Award), Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor 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)                                         AR20140000310





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ABCMR Record of Proceedings (cont)                                         AR20140000310



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