RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 18 December 2007 DOCKET NUMBER: AR20070011227 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. x The Board considered the following evidence: Exhibit A - Application for correction of military records. Exhibit B - Military Personnel Records (including advisory opinion, if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests, in effect, that he be awarded the Purple Heart, 2. The applicant states, in effect, that he was shot on the chin while serving in Vietnam. 3. In support of his request, the applicant submits a copy of his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, and a copy of a Standard Form (SF) 600, Chronological Record of Medical Care. 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 records show that he was inducted into the Army of the United States on 3 November 1966. After completing all required training, he was awarded the military occupational specialty (MOS) 11D (Armor Intelligence Specialist). 3. The applicant served in Vietnam from 26 March 1968 through 26 October 1968 with Company A, 1st Battalion, 501st Infantry Regiment, 101st Airborne Division. 4. The applicant was honorably released from active duty, on 25 October 1968, under the provisions of Army Regulation (AR) 635-200, early release of overseas returnee. He was separated in the rank and pay grade of Specialist Four, E-4. On the date he was released from active duty, he had completed 1 year, 11 months, and 23 days active military service, with no time lost. 5. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), of the applicant's DD Form 214, shows he was awarded: the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, and the Combat Infantryman Badge. The Purple Heart is not shown on the applicant's DD Form 214. 6. An entry in Item 40 (Wounds), of the applicant's DA Form 20, Enlisted Qualification Record, shows he received a superficial gunshot wound to the chin on 21 August 1968. 7. There is no entry in Item 41 (Awards and Decorations), of the applicant's DA Form 20, showing he was awarded the Purple Heart. 8. There are no orders in the applicant's military personnel records awarding him the Purple Heart. 9. The applicant's name appears on the Vietnam Casualty List. This list shows he was wounded on 21 August 1968. His wound was listed as not serious and he was not hospitalized. 10. The SF 600 the applicant provided shows he was treated in the emergency room at Tripler General Hospital, Hawaii, on 11 September 1968, after he was wounded in action in Vietnam. The SF 600 shows the applicant's wound had been cleaned and sutured at the aid station while he was still in Vietnam. 11. Item 38 (Record of Assignments), of the applicant's DA Form 20, shows that the applicant consistently received "excellent" conduct and efficiency ratings. There is no evidence of any breach of good order or indiscipline in his service personnel record that would preclude award of the Good Conduct Medal. 12. The applicant was awarded the Bronze Star Medal, with "V" Device, for heroism in ground combat against a hostile force in the Republic of Vietnam on 27 May 1968, by General Orders Number 7509, published by Headquarters, 101st Airborne Division, on 14 October 1968. The Bronze Star Medal, with "V" Device, is not shown on the applicant's DD Form 214. 13. The applicant's DD Form 214 shows entitlement to the Vietnam Service Medal; however, it does not show the bronze service stars to which he is entitled for his campaign participation. 14. While in Vietnam, the applicant participated in the following three campaigns of the Vietnam War: the Tet Counteroffensive, which extended from 30 January through 1 April 1968; the Vietnam Counteroffensive, Phase IV, which extended from 2 April through 30 June 1968; and the Vietnam Counteroffensive, Phase V, which extended from 1 July through 1 November 1968. 15. AR 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained 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, and the medical treatment must have been made a matter of official record. This regulation also provides that there is no statute of limitations on requests for award of the Purple Heart. 16. AR 672-5-1, in effect at the time of the applicant's separation provides that the 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. Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified. To be eligible for award of the Good Conduct Medal, Soldiers must meet all of the following criteria: all conduct (character) and efficiency ratings must be recorded as "Excellent" except that ratings of "Unknown" for portions of the period under consideration are not disqualifying. Service school efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 are not disqualifying. 17. Department of the Army (DA) Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, dated 29 January 1988, which lists unit awards received by units serving in Vietnam, shows that the unit the applicant was assigned to, the 1st Battalion, 501st Infantry Regiment, 101st Airborne Division, was awarded the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, for the period 19 April through 15 August 1968, by Department of the Army General Order (DAGO) Number 21, dated 1969; and for the period 15 August 1968 through 14 May 1969, by DAGO Number 43,dated 1970; and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation, for the period 18 March 1968 through 2 May 1970, by DAGO Number 48, dated 1971. 18. The applicant was awarded the Sharpshooter Marksmanship Qualification Badge, with Rifle Bar [M-14 Rifle], by Special Orders 32, paragraph 77, published by Headquarters, 5th Infantry Division (Mechanized), Fort Carson, Colorado, on 1 February 1967. 19. The applicant was awarded the Marksman Marksmanship Qualification Badge, with Automatic Rifle Bar [M-16 Rifle], by Special Orders 33, paragraph 55, published by Headquarters, 5th Infantry Division (Mechanized), on 2 February 1968. 20. AR 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in its Appendix B and states that authorized bronze service stars will be worn on the appropriate service medal, in this case, the Vietnam Service Medal. 21. AR 670-1, chapter 29, prescribes policy and guidance for wear of U.S. and foreign unit awards. This regulation states that a Soldier may wear the unit award permanently if the individual was assigned to, and present for duty with the unit any time during the period cited; or was attached by competent orders to, and present for duty with the unit during the entire period, or for at least thirty consecutive days of the period cited. 22. AR 670-1, in effect at the time, governed the requirements for the overseas service bar. In pertinent part, it provided that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States. One overseas service bar is authorized for each six-month period served in the Republic of Vietnam. To calculate the entitlement, both the month of arrival and month of departure are counted as a whole month no matter the number of days in that month that were spent in the hostile fire zone. DISCUSSION AND CONCLUSIONS: 1. The chronological record of medical treatment the applicant provided is corroborated by the evidence which shows he received a superficial gunshot wound to the chin on 21 August 1968. His name is listed on the Vietnam Casualty List and appropriate entries were made in Item 41, of his Enlisted Qualification Record. Based on this evidence, the applicant is entitled to award of the Purple Heart and to have it added to his DD Form 214. 2. The applicant was awarded the Bronze Star Medal, with "V" Device, for heroism in connection with military operations against a hostile force on 27 May 1968. The Bronze Star Medal, with "V" Device, is not shown on his DD Form 214. It would appropriate to add this award for valor to his DD Form 214. 3. The applicant had "excellent" conduct and efficiency ratings throughout his time in the Army. There is no evidence of indiscipline while he served on active duty. The applicant was not awarded the Good Conduct Medal, it appears, more as a result of administrative oversight rather than something that the applicant did to disqualify himself from this award. He is therefore eligible for award of the Good Conduct Medal for the period 3 November 1966 through 25 October 1968. 4. The applicant served in three campaigns while he served in Vietnam. He is therefore entitled to award of three bronze service stars to be affixed to his already-awarded Vietnam Service Medal and to have these three bronze service stars added to his DD Form 214. 5. The evidence show the applicant was assigned to a unit at the time the unit was awarded the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation (two awards), and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation. He is therefore entitled to these unit awards and to have them added to his DD Form 214. 6. The applicant was awarded the Sharpshooter Marksmanship Qualification Badge, with Rifle Bar; and the Marksman Marksmanship Qualification Badge, with Automatic Rifle Bar. These marksmanship qualification badges are not shown on the applicant's DD Form 214. He is entitled to have these badges added to his DD Form 214. 7. The applicant served in Vietnam for eight months, including the month of his arrival in and the month of his departure from Vietnam. He is therefore entitled to award of one overseas service bar and to have this bar added 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, for wounds he sustained in Vietnam on 21 August 1968, and adding this award to his DD Form 214; b. awarding the applicant the Good Conduct Medal, for the period 3 November 1966 through 25 October 1968, and adding this award to his DD Form 214; c. adding the already-awarded Bronze Star Medal, with "V" Device; the Sharpshooter Marksmanship Qualification Badge, with Rifle Bar; and the Marksman Marksmanship Qualification Badge, with Automatic Rifle Bar, to the applicant's DD Form 214; d. awarding the applicant three bronze service stars to be affixed to his already-awarded Vietnam Service Medal to denote his campaign participation credit, and adding these three bronze service stars to his DD Form 214; e. awarding the applicant the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation (two awards); and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation, and adding these unit awards to his DD Form 214; and f. awarding the applicant one overseas service bar and adding this bar to his DD Form 214. _____x__________ CHAIRPERSON INDEX CASE ID AR20070011227 SUFFIX RECON DATE BOARDED 20071218 TYPE OF DISCHARGE DATE OF DISCHARGE DISCHARGE AUTHORITY DISCHARGE REASON BOARD DECISION GRANT REVIEW AUTHORITY ISSUES 1. 107.0000 2. 107.0015 3. 4. 5. 6.