RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  6 December 2005
	DOCKET NUMBER:  AR20050001899 


	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.


Mr. Carl W. S. Chun

Director

Mr. G. E. Vandenberg

Analyst

The following members, a quorum, were present:


Mr. Bernard P. Ingold

Chairperson

Mr. Donald W. Steenfott

Member

Mr. Edward E. Montgomery

Member

	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 that he be awarded the Purple Heart.

2.  The applicant states he was wounded and medically evacuated for the injury. He states a fellow soldier, who was wounded at the same time, received the Purple Heart but he did not nor is it listed on his DD Form 214 (Report of Transfer or Discharge).

3.  The applicant provides a copy of his DD Form 214 (Report of Transfer or Discharge).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 10 March 1972, the date of his release from active duty.  The application submitted in this case is dated 31 January 2005.

2.  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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitations if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  The records show the applicant entered active duty on 11 March 1969.  He completed training and was awarded the military occupational specialty (MOS) 11D (Armor Reconnaissance Specialist). 

4.  A DA Form 20 (Enlisted Qualification Record) indicates at:
	
	a.  Block 31 (Foreign Service), service in Vietnam from 13 March 1970 through 13 February 1971 and in Germany from 24 March 1971 through 28 February 1972;

	b.  Block 38 (Assignments), he served in Vietnam with A Troop, 4th Squadron, 1st Battalion, 12th Cavalry Regiment, 5th Infantry Division; 

	c.  Block 39 (Campaigns), he served during two campaign periods;

	d.  Block 40 (Wounds), he received a wound to the left buttock on 22 April 1970; and 

e.  Block 41 (Awards), lists his awards as the Bronze Star Medal, the Good Conduct Medal, the National Defense Service Medal, the Vietnam Service Medal, the Combat Infantryman Badge, and the Expert Badge with Rifle Bar. 

5.  A 16 December 1971 Standard Form 88 (Report of Medical Examination) indicates that a review of the records revealed that, while serving in Vietnam, the applicant had sustained a fragment wound to the left flank on 22 April 1970.

6.  The applicant was honorably released from active duty on 10 March 1972 in the rank of specialist four (E-4).

7.  His DD Form 214 lists his awards as the Bronze Star Medal, the Good Conduct Medal, the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Service Medal with "1960" Device, the Combat Infantryman Badge, the Expert Badge with Rifle Bar, and one Overseas Service Bar.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that while the applicant was assigned to A Troop, 4th Squadron, 1st Battalion, 12th Cavalry Regiment, it was cited for award of the Vietnam Cross of Gallantry with Palm Unit Citation and the Valorous Unit Award.  

9.  Army Regulation 672-5-1 (Awards), in effect at the time, provides, in pertinent part, that in order to award a Purple Heart there must be evidence that a member was wounded, injured, or killed as a result of an act of any such enemy of opposing armed forces or any hostile foreign force.  A wound for which the award is made must have required treatment by a medical officer and records of medical treatment for wounds or injuries received in action must have been made a matter of official record.

10.  Army Regulation 600-8-22 authorizes a bronze service star, based on qualifying service, for each designated campaign listed in Appendix B of the regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal.  A silver service star is authorized in lieu of five bronze service stars.  The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.  Based on the applicant's dates of service in Vietnam, Appendix B indicates he participated during the following three campaign periods: the Vietnam Winter–Spring 1970, 1 November 1969 – 30 April 1970; the DA Sanctuary Counteroffensive, 1 May 1970 – 30 June 1970; and the Counteroffensive Phase VII, 1 July 1970-30 June 1971.

11.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Vietnam Campaign Medal.  This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.  Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant received a combat related wound on 22 April 1970 and should be awarded the Purple Heart.

2.  The applicant served during three campaign periods and is authorized to wear three bronze service stars on the Vietnam Service Medal.

3.  In addition to the awards listed on his DD Form 214, the applicant is also authorized the Republic of Vietnam Campaign Medal with "1960" Device, the Republic of Vietnam Cross of Gallantry with Palm Unit Citation, and the Valorous Unit Award.  


BOARD VOTE:

__BPI ___  __EEM__  __DWS_  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 and to excuse failure to timely file.  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.

2.  The Board further determined that, in addition to the awards listed on his DD Form 214, the applicant is also authorized the Republic of Vietnam Campaign Medal with "1960" Device, the Republic of Vietnam Cross of Gallantry with Palm Unit Citation, and the Valorous Unit Award.  




_      Bernard P. Ingold____________
          CHAIRPERSON


INDEX

CASE ID
AR20050001899
SUFFIX

RECON

DATE BOARDED
20051206
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
Grant
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.