RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	27 March 2007  
	DOCKET NUMBER:  AR20060010342 


	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.


	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 essentially states that he was wounded and medically evacuated when a fellow Soldier stepped on a land mine and lost his leg. 

3.  The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and extracts of his DA Form 20 (Enlisted Qualification Record) in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 11 June 1971, the date of his release from active duty.  The application submitted in this case is dated 13 July 2006.

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 applicant’s military records show that he was inducted into the Army of the United States on 12 June 1969.  He completed basic and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).  He departed for the Republic of Vietnam on 
10 November 1969, and served with Company C, 1st Battalion (Airmobile), 502nd Infantry Regiment, 101st Airborne Division during his tour in Vietnam.  He returned to the continental United States on 23 October 1970, and served at Fort Hood, Texas until he was honorably released from active duty on 11 June 1971.  The DD Form 214 that was issued to him at the time of his release from active duty shows that he was awarded the Army Commendation Medal, the National Defense Service Medal, the Vietnam Service Medal with Two Bronze Service Stars, the Republic of Vietnam Campaign Medal, the Combat Infantryman Badge, and the Expert Marksmanship Qualification Badge with Rifle Bar.


4.  The applicant’s DD Form 214 and DA Form 20 do not show that he was awarded the Purple Heart.  However, Item 40 (Wounds) of the applicant’s 
DA Form 20 shows that he received a fragmentation wound to his neck on 
7 September 1970.  This entry is corroborated by a corresponding entry on the Vietnam Casualty Roster.

5.  During a review of the applicant’s records, it was determined that he is entitled to additional awards and decorations that are not shown on his DD Form 214.

6.   The applicant’s military records do not show that he was awarded the Good Conduct Medal.  However, he served 2 years of continuous enlisted active duty service from 12 June 1969 to 11 Jun 1971.  Item 38 (Record of Assignments) of his DA Form 20 shows that his conduct and efficiency ratings were rated as "excellent" or “unknown” for the entire period of this qualifying period of service, and there is no derogatory information in his military records which could be a disqualifying factor for this period of active duty service for award of the Good Conduct Medal.

7.  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 at the time of the applicant’s assignment to the 101st Airborne Division, the division was cited for award of the Meritorious Unit Commendation by Department of the Army General Orders Number 51, dated 1971.  This document also shows that at the time of the applicant’s assignment to the 1st Battalion, 502nd Infantry Regiment, the unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 8, dated 1974, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Orders Number 48, dated 1971.

8.  The applicant’s records show that he was awarded the Vietnam Service Medal with Two Bronze Service Stars to signify participation in two campaigns during his tour in Vietnam.  Paragraph 2-13 of Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance on the Vietnam Service Medal.  It states in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Table B-1 contains a list of Vietnam campaigns, and it shows that during his tenure of assignment, the applicant was credited with participating in the Vietnam Winter-Spring 1970 campaign, the DA Sanctuary Counteroffensive campaign, and the Vietnam Counteroffensive Phase VII campaign.

9.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or 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.

10.  Army Regulation 672-5-1 (Military Awards), in effect at the time of the applicant’s active duty service, provided policy and criteria concerning individual military decorations.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent” or “unknown” for the entire period of qualifying service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be awarded the Purple Heart.

2.  Evidence of record clearly shows that he applicant was wounded by hostile action on 7 September 1970 while serving in Vietnam, and that his medical treatment was made a matter of official record.  Therefore, he is entitled to award of the Purple Heart, and correction of his military records to show the award of the Purple Heart.

3.  The applicant served 2 years of consecutive enlisted active duty service from 12 June 1969 to 11 June 1971, and there is no derogatory information in  his military records that would preclude awarding him the Good Conduct Medal for this period of service.  Therefore, he is entitled to award of the Good Conduct Medal for the period 12 June 1969 to 11 June 1971, and correction of his military records to show the award of the Good Conduct Medal.

4.  General orders awarded the Meritorious Unit Commendation to the 101st Airborne Division while the applicant was assigned to this division.  General orders also awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to the 1st Battalion, 502nd Infantry Regiment while the applicant was assigned to this unit.  Therefore, he is entitled to award of the Meritorious Unit 


Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and correction of his military records to show these unit awards.

5.  The applicant participated in three campaigns during his tour in Vietnam; therefore, he is entitled to correction of his military records to show three bronze service stars to be affixed to his Vietnam Service Medal.

6.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 11 June 1971; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 
10 June 1974.  Although the applicant did not file within the ABCMR's statute of limitations, it is appropriate to waive failure to timely file based on the relief being granted in this case, and the fact that there is no time limitation on requests for award of the Purple Heart.

BOARD VOTE:

___KLW_  __E.F. __  _CD_____  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 against the enemy in Vietnam on 7 September 1970 while serving as a specialist four;

b.  awarding him the Good Conduct Medal for the period 12 June 1969 to 
11 June 1971 while serving as a specialist four;

c.  awarding him the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; and

d.  showing three bronze service stars to be affixed to his already awarded Vietnam Service Medal.

 



_____Kenneth L. Wright____
          CHAIRPERSON




INDEX

CASE ID
AR20060010342
SUFFIX

RECON

DATE BOARDED
20070327
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
GRANT PLUS
REVIEW AUTHORITY
AR 15-185
ISSUES         1.
107.0015.0000
2.
107.0056.0000
3.
107.0034.0000
4.
107.0094.0000
5.
107.0095.0000
6.
107.0073.0000 (Add bronze service star)
7.
110.0400.0000