BOARD DATE: 30 July 2009 DOCKET NUMBER: AR20090002225 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, award of the Purple Heart and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Purple Heart and any other medals awarded or authorized. He also requests issuance of the medal(s). 2. The applicant states that the Purple Heart was not awarded or issued. 3. The applicant provides copies of his DD Form 214 and extracts from his service medical records showing his treatment for combat wounds 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. On 18 April 1968, the applicant was inducted into the Army of the United States for 2 years. He completed his initial training and was awarded military occupational specialty 11B (Light Weapons Infantryman). 3. On 23 August 1968, the applicant departed Fort Polk, Louisiana, for duty in the Republic of Vietnam. 4. On 4 October 1968, the applicant was assigned for duty as a rifleman with Company B, 1st Battalion, 52nd Infantry Regiment, 198th Infantry Brigade. 5. On 10 January 1969, the applicant was reassigned to Company B, 4th Battalion, 21st Infantry Regiment, 11th Infantry Brigade. 6. Casualty message, date/time group 311341Z May 1969, reported that on 29 May 1969 the applicant received fragment wounds to his chest and upper right arm while engaged with the enemy in a firefight. 7. A DA Form 8-275-3 (Clinical Record Cover Sheet) 312th Evacuation Hospital, dated 25 June 1969, indicates that the Purple Heart was not awarded at that hospital. 8. A DA Form 8-275-2 (Clinical Record Cover Sheet), 106th General Hospital, dated 11 July 1969, indicates that he Purple Heart was not awarded at that hospital. 9. On 13 January 1970, the applicant was released from active duty. He had attained the rank of specialist four, pay grade E-4, and had completed 1 year, 8 months, and 26 days of creditable active duty. 10. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as the National Defense Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Vietnam Service Medal with a bronze service star, Combat Infantryman Badge, and Expert Marksmanship Qualification Badge. It does not show award of the Purple Heart. 11. 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, was not available for review. 12. The applicant’s name is listed on the Vietnam casualty roster. 13. Item 40 (Wounds) of the applicant’s DA Form 20 (Enlisted Qualification Record) is blank. 14. 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, and the medical treatment must have been made a matter of official record. 15. A review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214. 16. Item 38 (Record of Assignments) of the applicant's DA Form 20 shows that his conduct and efficiency ratings were "excellent." The applicant’s records do not contain any evidence of disciplinary action. There is no evidence to show that the commander took any action to deny him the Army Good Conduct Medal. 17. Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows that he was awarded the National Defense Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Vietnam Service Medal, Combat Infantryman Badge, Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), and the Expert Marksmanship Qualification Badge with Rifle Bar (M-14). 18. Army Regulation 672-5-1 (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 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. 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 school efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 are not disqualifying. 19. Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the following four campaign periods: the Vietnam Counteroffensive Phase V, the Vietnam Counteroffensive Phase VI, the Tet 69 Counteroffensive, and the Vietnam Summer-Fall 1969. This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. 20. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam. This publication shows that the 4th Battalion, 21st Infantry Regiment, was cited in Department of the Army General Orders Number 2, dated 1971, for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the time of the applicant's assignment. DISCUSSION AND CONCLUSIONS: 1. The applicant contends that his records should be corrected to show award of the Purple Heart and any other medals awarded or authorized. 2. There are no general orders available that show the applicant was awarded the Purple Heart. However, the applicant's name is listed on the Vietnam casualty roster and his records show that he was wounded in action and received medical treatment. Therefore, the applicant's request for award of the Purple Heart should be granted. 3. The applicant’s records clearly show that he distinguished himself in the performance of his military service. Therefore, it is presumed that his not receiving an Army Good Conduct Medal for his service was an oversight. Accordingly, he should be awarded this medal. 4. Records show that the applicant participated in four campaign periods during his service in the Republic of Vietnam. Therefore, he is eligible for award of four bronze service stars to be affixed to his Vietnam Service Medal. 5. The applicant's unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation. Therefore, his records should be corrected to show this foreign unit award. 6. Records show the applicant qualified as a marksman with the M-16 rifle. Therefore, his records should be corrected to show award of the Marksman Marksmanship Qualification Badge with Rifle Bar. 7. Records show that the applicant qualified as an expert with the M-14 rifle. Therefore, his records should be corrected to show award of the Expert Marksmanship Qualification Badge with Rifle Bar. 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 him the Purple Heart for wounds received on 29 May 1969; b. awarding him the Army Good Conduct Medal for the period from 18 April 1968 to 13 January 1970; c. deleting all entries from item 24 of his DD Form 214; and d. adding to item 24 of his DD Form 214 the Purple Heart, National Defense Service Medal, Army Good Conduct Medal, Vietnam Service Medal with four bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation, Expert Marksmanship Qualification Badge with Rifle Bar (M-14), and Marksman Marksmanship Qualification Badge with Rifle Bar (M-16). ___________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) AR20090002225 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090002225 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1