IN THE CASE OF: BOARD DATE: 18 February 2009 DOCKET NUMBER: AR20080011826 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 the award of the Purple Heart and the Expert Marksmanship Qualification Badge be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 24 October 1968. 2. The applicant states the above awards were not included on his DD Form 214 due to a clerical error. He also states his Purple Heart contains the incorrect service number. 3. The applicant provides no additional evidence or official documentation in support of his application. 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 contends his service number is incorrect on his Purple Heart. However, there are no documents in his military records showing the award of the Purple Heart and the applicant did not submit any additional evidence or official documentation showing the award of the Purple Heart. 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 United States Army Human Resources Command, failed to reveal any orders for the Purple Heart. Therefore, there is no document available to correct and as such will not be discussed further in these Proceedings. 3. The applicant's military personnel records show he was inducted on 25 October 1966. He completed basic combat training and advanced individual training and was awarded the military occupational specialty of 64B (Heavy Vehicle Driver) 4. On 23 January 1967, the applicant was assigned to Headquarters and Headquarters Company, 1st Battalion, 50th Infantry, 1st Cavalry Division, at Fort Hood, Texas. 5. On 22 September 1967, the applicant's unit arrived in the Republic of Vietnam. 6. Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he arrived at the 249th General Hospital in Japan on 29 October 1967 and at Fitzsimmons General Hospital, Denver, Colorado, on 10 December 1967. 7. Item 40 (Wounds) of the applicant's DA Form 20 indicates the applicant received fragment wounds to his face and left leg with possible eye involvement on 20 October 1967. 8. Item 41 (Awards and Decorations) of the applicant's DA Form 20 does not show he was awarded the Purple Heart. Item 41 does show he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar. 9. On 24 October 1968, the applicant was released from active duty by reason of the expiration of his term of service. He had completed 2 years of active service that was characterized as honorable. 10. Item 24 (Decorations, Medal, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, which he authenticated in his own hand, does not show the award of the Purple Heart or the Expert Marksmanship Qualification Badge with Rifle Bar. Item 24 does show the applicant is authorized the Vietnam Service Medal. 11. The applicant's name does not appear on the Vietnam casualty listing. 12. The applicant's records show that he is entitled to additional awards which he did not request and are not listed on his DD Form 214. 13. There is no evidence the applicant received the first award of the Army Good Conduct Medal. There also is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal. Records do not show indiscipline or lost time. His records do not contain any adverse information and he received conduct and efficiency ratings of "excellent" throughout his service. 14. Based on the applicant's dates of service in Vietnam, Table B-1 of Army Regulation 600-8-22 (Military Awards) shows campaign credit was awarded for service in the Vietnam Counteroffensive, Phase III Campaign (1 June 1967 – 29 January 1968). 15. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems awarded during the Vietnam Conflict, the Grenada Operation, and the period of service subsequent to the Vietnam Conflict up to September 1987. This pamphlet shows that at the time of the applicant’s assignment to the 1st Battalion, 50th Infantry, the unit received the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period from 1 August 1965 to 16 April 1971, based on Department of the Army General Order Number 54, dated 1974. 16. 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 (Wounds) of the DA Form 20. This regulation further stated that the date the wound or injury occurred would also be placed in item 40. 17. Army Regulation 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. 18. Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal 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. Service and efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November  1955 are not disqualifying. 19. Army Regulation 600-8-22, in pertinent part, provides that bronze service stars are worn on campaign and service medals to denote participation in a named campaign, which in this case is the Vietnam Service Medal. DISCUSSION AND CONCLUSIONS: 1. The applicant's DA Form 20 shows that he received fragment wounds to his right arm on 20 October 1967. The DA Form 20 is a record of the applicant's history in the Army and an entry for wounds received would not be made on this document without orders or a casualty report. Therefore, it would be appropriate to award him the Purple Heart for wounds received on 20 October 1967 in the Republic of Vietnam and to include this award on his DD Form 214. 2. The applicant contends his service number is incorrect on his Purple Heart. However, there are no documents in his military records showing the award of the Purple Heart and the applicant did not submit any additional evidence or official documentation showing the award of the Purple Heart. Therefore, there is no document available to correct and as such will not be discussed further in these Proceedings. 3. The applicant's DA Form 20 shows he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar. Therefore, it is appropriate to include this award in item 24 of his DD Form 214. 4. In the absence of evidence showing disqualification, the applicant is entitled to the first award of the Army Good Conduct Medal based on completion of qualifying service from 25 October 1966 to 24 October 1968 ending with the termination of a period of Federal military service. 5. The applicant's military personnel records show he participated in one campaign during his service in Vietnam. Therefore, he is entitled to one bronze service star to be worn on his Vietnam Service Medal. 6. Based on the applicant's service with the 1st Battalion, 50th Infantry, he is entitled to wear the Republic of Vietnam Gallantry Cross with Palm Unit Citation. BOARD VOTE: ___X____ ___X____ ___X___ GRANT FULL RELIEF ________ ________ ________ 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 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 on 20 October 1967 in the Republic of Vietnam and the Army Good Conduct Medal for the period of service from 25 October 1966 to 24 October 1968. 2. The Board also recommends that all Department of the Army records of the individual concerned be corrected by amending item 24 of the applicant's DD Form 214 to show he was awarded or authorized the Purple Heart, the Army Good Conduct Medal, the Vietnam Service Medal with one bronze service star, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Expert Marksmanship Qualification Badge with Rifle Bar. ___________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) AR20080011826 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20080011826 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1