IN THE CASE OF:	  

	BOARD DATE:	  10 July 2008

	DOCKET NUMBER:  AR20080002051 


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 award of the Purple Heart.

2.  The applicant states that he was injured in combat in the Republic of Vietnam on 5 May 1970 and received medical care for his injuries.

3.  The applicant provided a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 26 November 1970, and a copy of his Chronological Record of Medical Care, dated on miscellaneous dates, 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's records show that he was inducted into the Army of the United States on 9 May 1969.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 67N2F (Crewman Chief).  The highest rank he attained during his military service was specialist five (SP5)/E-5.  He was honorably separated and transferred to the U.S. Army Control Group (Annual Training) on 26 November 1970.

3.  The applicant’s records show he served in the Republic of Vietnam from 16 December 1969 to 25 November 1970.  He was assigned to the 240th Aviation Company (Assault Helicopter), 222d Aviation Battalion (Combat), 1st Aviation Brigade.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows he was awarded the Air Medal, the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, and the Army Commendation Medal.  Item 24 does not show award of the Purple Heart.

5.  Item 40 (Wounds) of the applicant’s DA Form 20 (Enlisted Qualification Record) shows a blank entry. 

6.  The applicant's name is shown on the Vietnam Casualty Roster under code "24" indicating that he was wounded in hostile action, although his wound was not serious enough for hospitalization.  The date of the injury is shown as 5 May 1970.

7.  The applicant's Standard Form 600 (Chronological Record of Medical Care), dated 5 May 1970, shows that the applicant was “dusted off to a military treatment facility in the Republic of Vietnam after his helicopter was hit by hostile small arms fire after inserting Soldiers at the landing zone.”  The medical records further show that the applicant suffered a fragmentation wound to his left buttock and that X-rays revealed 3 metallic shrapnel in his gluteus.  His wound was derided and shrapnel was removed by military medical personnel.

8.  During the processing of this case, a member for the Board staff reviewed the Awards and Decorations Computer Assisted Retrieval System (ADCARS) maintained by the Military Awards Branch of the United States Army Human Resources Command (HRC), which is an index of general orders issued during the Vietnam era between 1965 and 1973.  This review failed to reveal any the Purple Heart orders on file for the applicant.


9.  Army Regulation 600-8-22 (Military Awards) 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.  This regulation further states that there is no time limit on submission of requests for award of the Purple Heart.

10.  Review of the applicant's records indicates entitlement to additional awards that are not shown on his DD Form 214.

11.  Headquarters, 1st Aviation Brigade, General Orders Number 10175, dated 14 October 1970, show the applicant was awarded the Army Commendation Medal (1st Oak Leaf Cluster) for meritorious achievement in connection with military operations against a hostile force in the Republic of Vietnam from 5 October 1970 to 10 October 1970.  

12.  Headquarters, 1st Aviation Brigade, General Orders Number 10415, dated 22 October 1970, show the applicant was awarded the Army Commendation Medal for meritorious service in connection with military operations against a hostile force in the Republic of Vietnam from December 1969 to December 1970.

13.  Headquarters, 222nd Aviation Battalion, Special Orders Number 296, dated 12 November 1970, show the applicant was awarded the Aircraft Crewmember Badge on 12 November 1970.

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 240th Aviation Company (Attack Helicopter) was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974 and the Republic of Vietnam Civil Actions Honor Medal-First Class Citation, based on Department of the Army General Orders Number 54, dated 1974.

15.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Vietnam Service Medal.






16.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the Vietnam Winter-Spring 1970, the DA Sanctuary Counteroffensive, and the Vietnam Counteroffensive, Phase VII, campaigns during his tour of duty in the Republic of Vietnam.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

17.  A review of the applicant's service record shows no derogatory information that would disqualify him for the first award of the Good Conduct Medal. Furthermore, Item 38 (Record of Assignment) of the applicant’s DA Form 20 shows he received a conduct and efficiency ratings of “Excellent” throughout his military service.

18.  Army Regulation 672-5-1, in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have 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 and efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 are not disqualifying.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Purple Heart. 

2.  The evidence of record shows that the applicant sustained a fragment wound to his buttock as a result of hostile action in the Republic of Vietnam on 5 May 1970; that he was treated by military medical personnel; and that his treatment was made a matter of official record.  The evidence of record further shows that the applicant’s name appears on the Vietnam Casualty Roster as being wounded as a result of hostile action on 5 May 1970.  Therefore, there is sufficient evidence to show that he is entitled to award of the Purple Heart and to support correction of his records to show this award.

3.  General Orders show the applicant was awarded the Army Commendation Medal (1st Oak Leaf Cluster) for meritorious achievement in connection with ground operations against a hostile force in the Republic of Vietnam.  This award is not shown on his records; therefore, he is entitled to have his records corrected to show this award.


4.  General Orders awarded the applicant’s unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal-First Class Citation which are not shown on his records; therefore, he is entitled to have his records corrected to show these unit awards.

5.  Special Orders awarded the applicant the Aircraft Crewmember Badge, which is not shown on his records; therefore, he is entitled to have his records corrected to show this award.

6.  The evidence of record shows the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in three campaigns while serving in the Republic of Vietnam; therefore, he is entitled to award of three bronze service stars to be affixed to the Vietnam Service Medal.

7.  The evidence of record confirms that the applicant served honorably during the period 9 May 1969 to 26 November 1970.  He received an excellent conduct and efficiency ratings and attained the rank/grade of SP5/E-5.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant the first award of the Good Conduct Medal based on completion of qualifying service ending with the termination of a period of Federal military service.  Therefore, he is entitled to correction of his records to show this award.

BOARD VOTE:

__xxx___  __xxx___  __xxx___  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 the applicant the Purple Heart for wounds received in action on 5 May 1970 in the Republic of Vietnam;

	b.  awarding the applicant the Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 9 May 1969 to 26 November 1970; and

	c.  showing award of the Purple Heart, the Aircraft Crewmember Badge, the Good Conduct Medal (1st Award), the Army Commendation Medal (1st Oak Leaf Cluster), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal-First Class Citation, and three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.




							XXX
       _    _______   ___
       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)                                         AR20080002051



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ABCMR Record of Proceedings (cont)                                         AR20080002051



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