IN THE CASE OF: 

		BOARD DATE:	  6 January 2009

		DOCKET NUMBER:  AR20080017091 


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 the Purple Heart be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states the award of the Purple Heart is not shown on his DD Form 214 with an effective date of 7 May 1971.

3.  The applicant provides a copy of an award certificate for the Purple Heart 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 military personnel record shows he was inducted on 24 June 1969 for a period of 2 years.  He successfully completed basic combat and advanced individual training and was awarded the military occupational specialty of 31E (Field Radio Repairer).

3.  The applicant was assigned to D Troop, 2nd Squadron, 17th Cavalry in the Republic of Vietnam during the period from 3 July 1970 to 31 May 1971.

4.  Headquarters, 101st Airborne Division (Airmobile) Special Orders Number 7, dated 7 January 1971, promoted the applicant to specialist five/pay grade E-5 effective 16 December 1970.

5.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) contains the entry "small shrap (shrapnel) wound to head."  The entry is dated 23 March 1971.

6.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 does not show the award of the Purple Heart.

7.  On 7 May 1971, the applicant was released from active duty.  He had completed 1 year, 10 months, and 14 days of active service that was characterized as honorable.

8.  Item 24 (Decorations, Medal, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, which he authenticated in his own hand, shows the Army Commendation Medal, National Defense Service Medal, Vietnam Campaign Medal, Republic of Vietnam Campaign Medal with Device (1960), and the Combat Infantryman Badge.  However, it does not show the award of the Purple Heart.

9.  There are no orders in the applicant's military service records awarding him the Purple Heart.

10.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), 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, failed to reveal any orders for awarding the applicant the Purple Heart.

11.  The applicant is listed on the Vietnam Casualty Roster.  The Roster reports the applicant’s casualty status as hostile, wounded in action, not serious, not hospitalized.  The Listing reports the date of casualty as 23 March 1971.

12.  A certificate, dated 24 March 1971, for the award of the Purple Heart, submitted by the applicant, shows the applicant was awarded the Purple Heart for wounds received in the Republic of Vietnam on 23 March 1971.  The certificate is signed by the Commanding General, 101st Airborne Division (Airmobile).

13.  The applicant's records show that he is entitled to additional awards, which he did not request and are not listed on his DD Form 214.

14.  Headquarters, 101st Airborne Division (Airmobile) General Orders Number 3153, dated 16 April 1971, awarded the applicant the Bronze Star Medal for meritorious service from June 1970 to April 1971.

15.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Records do not show indiscipline or lost time.  His records do not contain any adverse information and he received conduct and efficiency ratings of “excellent” throughout his service.

16.  Based on the applicant's dates of service in Vietnam, Table B-1 of Army Regulation 600-8-22 (Military Awards) shows he served in the Vietnam Counteroffensive Phase VII Campaign (1 July 1970 - 30 June 1971).

17.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems awarded during the Vietnam Conflict, the Grenada Operation, and the period of service subsequent to the Vietnam Conflict up to September 1987.  This document shows that, during the time of the applicant’s assignment to D Troop, 17th Cavalry the unit received the following unit awards:

	a.  the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period from 19 June 1968 to 31 July 1970, based on Department of the Army General Order Number 51, dated 1971; and 

	b.  the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period from 12 December 1966 to 31 August 1970, based on Department of Army General Order Number 59, dated 1969.

18.  Headquarters, U.S. Army Training Center, Infantry, and Fort Dix, Fort Dix, New Jersey Special Orders Number 235, dated 23 August 1969, awarded the applicant the Sharpshooter Marksmanship Badge with Rifle Bar (M-14) and the Expert Marksmanship Badge with Grenade and Rifle (M-16) Bars.
19.  Army Regulation 600-200 (Enlisted Personnel Management System), chapter 9 of the version in effect at the time, stated, in pertinent part, that a brief description of wounds or injuries (including injury from gas) requiring medical treatment that were received through hostile or enemy action, including those requiring hospitalization would be entered in item 40 (Wounds) of the 
DA Form 20.  This regulation further stated that the date the wound or injury occurred would also be placed in item 40.

20.  Army Regulation 600-8-22 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.  

21.  Army Regulation 672-5-1 (Military 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 was each 3 years except in those cases when the period for the first award ended 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.  

22.  Army Regulation 600-8-22, in pertinent part, provides that bronze service stars are worn on campaign and service medals to denote participation in a named campaign and on the service ribbons to denote an additional award.  Named campaigns are listed in Appendix B of this regulation.  Authorized bronze service stars will be worn on the appropriate campaign or service medal, which in this case is the Vietnam Service Medal.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 does not show the award of the Purple Heart that he was issued.

2.  The applicant's DA Form 20 shows that he received fragment wounds to his right arm on 11 July 1970.  The DA Form 20 is a record of the applicant's history in the Army and an entry for wounds received would not be made on this document without orders or a casualty report.  The DA Form 20 is a source document for completion of the DD Form 214.

3.  The applicant's DA Form 20, the Vietnam Casualty Listing, and the certificate submitted by the applicant show the applicant received wounds as a result of hostile action on 23 March 1971.  

4.  Therefore, there is sufficient evidence upon which to add the Purple Heart to his DD Form 214.

5.  The applicant was awarded the Bronze Star Medal.

6.  The applicant's records do not show indiscipline or lost time, he received conduct and efficiency ratings of "excellent" throughout his military service, and he was promoted to sergeant in less than 2 years.  Therefore, the preponderance of evidence shows the applicant is entitled to the first award of the Army Good Conduct Medal based on completion of qualifying service from 24 June 1969 to 
7 May 1971 ending with termination of a period of Federal military service.

7.  The applicant's military personnel records show he participated in one campaign during his service in Vietnam.  Therefore, he is authorized one bronze service star to be worn on his Vietnam Service Medal.  

8.  Based on the applicant's service with D Troop, 17th Cavalry he is authorized to wear the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

9.  The applicant was awarded the Sharpshooter Marksmanship Badge with Rifle Bar (M-14) and the Expert Marksmanship Badge with Grenade and Rifle (M-16) Bars.

BOARD VOTE:

___X____  ___X____  ____X__  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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding the applicant the Army Good Conduct Medal for the period of service from 24 June 1969 to 7 May 1971.

2.  The Board also recommends that all Department of the Army records of the individual concerned be corrected by amending Item 24 of the applicant's 
DD Form 214 to add the Bronze Star Medal, the Purple Heart, the Army Good Conduct Medal, the Vietnam Service Medal with one bronze service star, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Sharpshooter Marksmanship Badge with Rifle Bar (M-14) and the Expert Marksmanship Badge with Grenade and Rifle (M-16) Bars.



      _________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)                                         AR20080017091



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ABCMR Record of Proceedings (cont)                                         AR20080017091



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