IN THE CASE OF: BOARD DATE: 5 March 2009 DOCKET NUMBER: AR20080011702 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, in effect, that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to add the Purple Heart, the Army Good Conduct Medal (AGCM), and the Vietnam Gallantry Cross with Palm Unit Citation. 2. The applicant states that the Purple Heart was for wounds received on active duty. 3. The applicant provides 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's military records show that he was inducted into the Army of the United States and entered active duty on 6 November 1967. He completed training and was awarded military occupational specialty (MOS) 76P (stock accounting specialist), served in Vietnam from 17 April 1968 to 19 April 1969, and was promoted to pay grade E-4. 3. On 10 October 1969, the applicant was given a separation physical examination. In that examination the applicant reported having had a head injury which resulted in his unconsciousness in July 1969 (which was after the applicant departed Vietnam); blurring vision and tinnitus after alcohol ingestion after the head injury; hyperventilation syndrome; low back pain which was treated with Tylenol in August 1969; and attempted suicide. No mention was made of any combat wounds. 4. The applicant's DA Form 20 (Enlisted Qualification Record), Item 40 (Wounds) is blank. Item 38 (Record of Assignments) shows the applicant's conduct and efficiency were rated as excellent except for one rating of "Good" for his conduct for the period 22 May to 2 September 1969. 5. There are no orders awarding the applicant the Purple Heart or AGCM in his records. 6. The applicant was honorably released from active duty on 19 November 1969. The DD Form 214 he was issued includes the entry "VCG/60 PACM" (Vietnam Cross of Gallantry with Device (1960) and Palm (it appears that PALM was inadvertently entered as PACM)). 7. The Vietnam Casualty List does not contain the applicant's name. 8. Army Regulation 600-200 (Enlisted Personnel Management System), chapter 9 of the version in effect at the time, stated, in pertinent part, that a brief description of wounds or injuries (including injury from gas) requiring medical treatment that were received through hostile or enemy action, including those requiring hospitalization would be entered in item 40 of the DA Form 20. This regulation further stated that the date the wound or injury occurred would also be placed in item 40. 9. Army Regulation 600-8-22 (Military Awards) 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 by medical personnel, and the medical treatment must have been made a matter of official record. 10. Army Regulation 672-5-1 (Awards), in effect at the time, provided that the AGCM was awarded to individuals who had completed a qualified period of active duty enlisted service. This period was each 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service. The enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial. Ratings of "Unknown" for portions of the period under consideration are not disqualifying. 11. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the pertinent identified campaign periods, for which a bronze service star is authorized for wear on the Vietnam Service Medal.  Those periods are: Counteroffensive IV (2 April 1968 through 30 June 1968); Counteroffensive, Phase V (1 July 1968 through 1 November 1968); Counteroffensive, Phase VI, (2 November 1968 through 22 February 1969); and Tet 69 Counteroffensive, 1969 (23 February 1969 through 8 June 1969). DISCUSSION AND CONCLUSIONS: 1. The applicant's records do not contain, nor did the applicant submit, any evidence to show that he was wounded as a result of hostile action. As such, he is not entitled to the Purple Heart. 2. The applicant's conduct was once rated as "Good." As such, he was disqualified for the AGCM. 3. The applicant's DD Form 214 shows the Vietnam Gallantry Cross with Palm Unit Citation. However, it appears PALM was entered as PACM in error. As such, it would now be appropriate to correct the applicant's DD Form 214 to enter the unit citation properly. 4. It would also be appropriate to correct the applicant's records to add four bronze service stars to be worn on his already-awarded Vietnam Service Medal. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ___X____ ___X____ ___X___ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that the DD Form 214 of the individual concerned be corrected by: a. deleting from Item 24 of his DD Form 214 the Vietnam Service Medal and the VCG/60 PACM; and b. adding to Item 24 of his DD Form 214 the Vietnam Service Medal with four bronze service stars and the Vietnam Gallantry Cross with Palm Unit Citation. 2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to the Purple Heart and the Army Good Conduct Medal. _________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) AR20080011702 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20080011702 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1