BOARD DATE: 6 August 2009 DOCKET NUMBER: AR20090005665 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 the Purple Heart (PH) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 2. The applicant states, in effect, that his PH is not documented on his DD Form 214. 3. The applicant provides a DA Form 8-275-3 (Clinical Record Cover Sheet) and DD Form 214 in support of his request. 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 record shows he was inducted into the Army of the United States and entered active duty on 21 November 1967. He was trained in, awarded, and served in military occupational specialty (MOS) 11B (Light Weapons Infantryman). 3. Item 31 (Foreign Service) of the applicant’s DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 8 May 1968 to 7 May 1969. Item 38 (Record of Assignments) shows that during his RVN tour, he was assigned to Company D, 2nd Battalion, 5th Cavalry Regiment, performing duties in MOS 11B as an automatic rifleman. It also shows that he received "excellent" conduct and efficiency ratings at each of his active duty assignments. 4. Item 40 (Wounds) of the applicant's DA Form 20 is blank. Item 41 (Awards and Decorations) shows he earned the following awards during his active duty tenure: National Defense Service Medal (NDSM), Air Medal (AM), Vietnam Service Medal (VSM), Combat Infantryman Badge (CIB), Army Commendation Medal, 2 Overseas Bars, RVN Campaign Medal (RVNCM) with Device 1960, and Marksman Marksmanship Qualification Badge with Rifle Bar. 5. The applicant's record is void of any orders or other documents that indicate he was ever recommended for or awarded the PH. It also contains no medical treatment records that indicate he was ever treated for a combat-related wound while serving in the RVN. 6. The applicant's record is also void of any derogatory information and/or a unit commander disqualification that would have precluded him from receiving the Army Good Conduct Medal (AGCM). 7. The applicant's Military Personnel Records Jacket (MPRJ) contains Headquarters, United States Army Training Center, Infantry, Special Orders Number 16 dated 16 January 1968, which show he qualified "Expert" with the M-14 Rifle. It also contains Headquarters, 3rd Training Brigade Orders Number 41 dated 6 March 1968, which shows he was qualified as a "Marksman" with the M-16 Rifle. It also contains Headquarters, 1st Cavalry Division, General Orders Number 13339, dated 21 October 1968, which awarded him the Air Medal (AM). 8. On 20 November 1969, the applicant was honorably released from active duty after completing a total of 2 years of active military service. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued shows he earned the following awards during his active duty tenure: NDSM, VSM with 3 bronze service stars, RVNCM, CIB, ARCOM, and Expert Marksmanship Qualification Badge with Rifle Bar. 9. The applicant provides a DA Form 2-875-3, dated 15 June 1968, which was prepared at the 6th Convalescent Center, Cam Ranh Bay, in the RVN. Item 23 (Diagnosis) of this document contains an entry confirming the applicant sustained and was treated for a fragment wound to his left buttock, which he received during an enemy mortar attack in the RVN on 27 May 1968. Item 25 (Selected Administrative Data) includes an entry that indicates the PH was not awarded at that station. 10. During the processing of this case, a member of the Board’s staff reviewed the Department of the Army (DA) Vietnam Casualty Roster. The applicant's name is not included on this casualty listing. 11. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. Paragraph 2-8 contains the regulatory guidance pertaining to awarding the PH. It states, in pertinent part, that the PH is awarded to any member who has been wounded or killed in action. A wound is defined as an injury to any part of the body from an outside force or agent sustained under conditions defined by this regulation. In order to support awarding a member the PH, it is necessary to establish that the wound for which the award is being made required treatment by medical personnel and that treatment must have been made a matter of official record. 12. Paragraph 2-13 of the awards regulation contains guidance on award of the VSM and states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN. Table B-1 contains a list of campaigns and it shows that during the applicant’s tenure of assignment in the RVN, he was credited with participating in the Vietnam Counteroffensive Phase IV, Vietnam Counteroffensive Phase V, Vietnam Counteroffensive Phase VI, and TET 69 Counteroffensive campaigns. 13. Chapter 4 of the awards regulation prescribes the policy for award of the AGCM. It states, in pertinent part, that 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 military service, in which case, a period of more than 1 year is a qualifying period. Although there is no automatic entitlement to the AGCM, disqualification must be justified. 14. Department of the Army General Orders Number 8, dated in 1974, authorized the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all units assigned to the RVN from 8 February 1962 through 28 March 1973. DISCUSSION AND CONCLUSIONS: 1. The applicant's claim that his DD Form 214 should be corrected to show the PH and the evidence he provided was carefully considered. By regulation, the PH is awarded to any member who has been wounded or killed in action; the wound required treatment by medical personnel; and a record of this medical treatment must have been made a matter of official record. 2. The evidence of record is void of any entries or documents that indicate the applicant was ever wounded in action or treated for a combat related wound or injury by military medical personnel, or that he was ever awarded the PH by proper authority while serving on active duty, as evidenced by the absence of entries in item 40 of his DA Form 20 and on the Vietnam Casualty Roster. 3. However, the applicant provides a Clinical Record Cover Sheet, dated 15 June 1968, which confirms he was treated for a fragmentation wound to the left buttock, which he had received during an enemy mortar attack in the RVN on 27 May 1968. This document confirms the applicant was wounded in action and satisfies the regulatory requirement for an official medical treatment record. As a result, it would be appropriate to award the applicant the PH and to add it to his record and DD Form 214 at this time. 4. The applicant's record also confirms that he received "excellent" conduct and efficiency ratings at all of his active duty assignments, and his MPRJ is void of any derogatory information or an unit commander disqualification that would have precluded him from receiving the AGCM. As a result, it would also be appropriate to award him the first award of the AGCM for his qualifying period of honorable active duty service from 21 November 1967 to 20 November 1969, and to add this award to his record and DD Form 214 at this time. 5. The evidence of record also includes official orders confirming the applicant was awarded the AM and that he qualified as an "expert" with the M-14 Rifle and as an "marksman" with the M-16 Rifle. Therefore, it would be appropriate to include the AM and these badges in item 24 of his DD Form 214 at this time. 6. The evidence of record also confirms that based on his service and campaign participation in the RVN, the applicant is eligible for the RVN Gallantry Cross with Palm Unit Citation and 4 bronze service stars instead of 3 to be worn with his already-awarded VSM. Therefore, it would also be appropriate to add these awards to his record and DD Form 214 at this time. 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 in action in the RVN on 27 May 1968, and the Army Good Conduct Medal for his qualifying period of honorable active duty service from 21 November 1967 to 20 November 1969; b. by amending item 24 of his DD Form 214 by deleting the current list of awards and replacing it with the entry "National Defense Service Medal, Purple Heart, Air Medal, Army Commendation Medal, Army Good Conduct Medal, Vietnam Service Medal with 4 bronze service stars, Republic of Vietnam Campaign Medal with Device 1960, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Combat Infantryman Badge, Expert Marksmanship Qualification Badge with Rifle (M-14) Bar and Marksman Marksmanship Qualification Badge with Rifle (M-16) Bar"; and c. providing him a corrected DD Form 214 that includes these changes. _______ _ __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) AR20090005665 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090005665 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1