DOCKET NUMBER:  AR20090001874 


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 he was given a Purple Heart in 1970, but it was never entered on his DD Form 214 (Report of Separation from Active Duty) with an effective date of 12 January 1972.

3.  The applicant provides, in support of his application, a Purple Heart Certificate and his DD Form 214.

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 records show he enlisted in the Regular Army (RA) on 10 July 1969 for a period of 3 years.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 62B (Engineer Equipment Maintenance).

3.  On 22 April 1970, the applicant arrived in the Republic of Vietnam and on 
25 April 1970 he was assigned to the 595th Engineer Company.

4.  The records contain a copy of a message released by The Adjutant General, Department of the Army, Washington DC.  This message reported to the applicant's spouse that he was wounded in action in Vietnam on 24 July 1970 while a driver of a military vehicle on a military mission when a mine detonated. 

5.  The records contain a copy of a message released by the Commanding General, U.S. Army, Vietnam on 24 July 1970.  This message reported the applicant received burns to 36 percent of his body including trunk, both arms and hands, right leg, and face when the grader he was driving on a land-clearing mission detonated a hostile mine.

6.  On 6 August 1970, the applicant was medically evacuated to the U.S. Army Hospital, Camp Zama, Japan.

7.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) contains the entry "Burns to right leg, back, face and arms."  The entry is dated 24 July 1970.

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

9.  On 12 June 1972, the applicant was honorably released from active duty.  He had completed 2 years, 9 months, and 15 days of active service.

10.  Item 24 (Decorations, Medal, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Bronze Star Medal, and the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).  It does not show the award of the Purple Heart. 

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


12.  A certificate, dated 26 July 1970, 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 24 July 1970.  

13.  The applicant is listed on the Vietnam Casualty Roster.  The Roster reports the applicant’s casualty status as special hospital category, reports the date of casualty as 24 July 1970, and reports the cause as a mine.  

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

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 participated in the following campaigns:  Vietnam Winter - Spring 1970 Campaign (1 November 1969 - 
30 April 1970); DA Sanctuary Counteroffensive (1 May 1970 - 30 June 1970); and Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971).

17.  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 all units assigned in Vietnam from 
8 February 1962 through 28 March 1973 were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, based on Department of the Army General Order Number 8, dated 1974.

18.  Army Regulation 672-5-1 (Military Awards), then in effect, provided, in pertinent part, that the Purple Heart was awarded to any member of an Armed Force or any civilian national of the United States who, while serving under competent authority in any capacity with one of the U.S. armed services had been wounded, killed, or who had died as a result of 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 by medical personnel, and the medical treatment must have been made a matter of official record.

19.  Army Regulation 600-8-22, currently in effect, provides examples of enemy-related injuries which clearly justify award of the Purple Heart, one of which is injury caused by an enemy-placed mine or trap.

20.  Army Regulation 672-5-1, 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.  Service and efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 are not disqualifying.

21.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Republic of Vietnam Campaign Medal with Device (1960).  This medal was awarded by the Government of the Republic of Vietnam to all members of the Armed Forces of the United States who served in Vietnam for 6 months during 
the period 1 March 1961 through 28 March 1973.  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 with Device (1960).

DISCUSSION AND CONCLUSIONS:

1.  The Vietnam Casualty Listing, the message released by The Adjutant General, Department of the Army, Washington, DC, and the message released by the Commanding General, U.S. Army, Vietnam corroborate the fact the applicant was wounded (burned) on 24 July 1970 as a result of an enemy mine.

2.  The preponderance of evidence shows the applicant was injured as a result of his vehicle detonating an enemy mine.  Therefore, there is sufficient evidence upon which to base award of the Purple Heart in this case.

3.  The applicant's records do not show indiscipline or lost time, he received conduct and efficiency ratings of "excellent" throughout his military service.    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 28 March 1969 to 12 January 1972 ending with termination of a period of Federal military service.

4.  The applicant's military personnel records show he participated in three campaigns during his service in Vietnam.  Therefore, he is entitled to three bronze service stars to be worn on his already-awarded Vietnam Service Medal.  

5.  The applicant served in the Republic of Vietnam during the period all units assigned in the Republic of Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

6.  Although the applicant served in the Republic of Vietnam for less than 
6 months he was wounded as a result of an enemy mine.  The regulation provides for authorization of the Republic of Vietnam Campaign Medal with Device (1960) for individuals who served less than 6 months and were wounded by hostile forces.  Therefore, the applicant is authorized the Republic of Vietnam Campaign Medal with Device (1960).

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 Army Good Conduct Medal for the period of service from
28 March 1969 to 12 January 1972;

	b.  deleting from Item 24 of the applicant's DD Form 214 the Vietnam Service Medal; and


   c.  adding to Item 24 of the applicant's DD Form 214 the Purple Heart, Army Good Conduct Medal, Vietnam Service Medal with three bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Campaign Medal with Device (1960).



      __________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)                                         AR20090001874



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ABCMR Record of Proceedings (cont)                                         AR20090001874



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