IN THE CASE OF:	  

		BOARD DATE:	  5 November 2009

		DOCKET NUMBER:  AR20090003774 


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 sustained injuries when exiting a helicopter during a firefight in Vietnam.  He notes the injuries ended his military career.  He states that due to the operation tempo at the time his award was overlooked.

3.  The applicant provides copies of his Army disability processing documents, a copy of the unit morning report noting his transfer in a patient status, and a copy of his 1969 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) in support of his request.

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.  Records available to the Board indicate the applicant was inducted into the Army on 20 September 1966.  After a brief assignment at Fort Knox, Kentucky, following completion of training, the applicant was reassigned to A Troop, 7th Squadron, 17th Cavalry in Vietnam.  His records indicate he arrived in Vietnam in October 1967.

3.  Medical documents contained in the applicant’s Official Military Personnel File (OMPF) indicate that on 17 August 1968, while in Vietnam, the applicant fractured his left radius and ulna when “diving into the brush from a helicopter under hostile fire.”

4.  As a result of the applicant’s injuries he was evacuated from Vietnam and ultimately assigned in a patient status at Ireland Army Hospital at Fort Knox, Kentucky.  His Physical Evaluation Board proceeding found that he was unfit for military service and that his disability “was a direct result of armed conflict.”  He was released from active duty 13 May 1969 as a result of physical disability rated and received disability severance pay.

5.  The applicant’s 1969 DD Form 214 does not reflect entitlement to the Purple Heart and his name is not among those listed as combat casualties on the Vietnam Casualty Roster.  Item 40 (Wounds) on his DA Form 20 (Enlisted Qualification Record) is blank.  The applicant was not available to sign his DD Form 214 and last authenticated his DA Form 20 in July 1967, prior to his reassignment to Vietnam.

6.  A review of the Awards and Decorations Computer-Assisted Retrieval System, 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 a copy of any orders awarding the applicant the Purple Heart.

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214 indicates entitlement to the National Defense Service Medal, Vietnam Service Medal, and Combat Infantryman Badge along with weapon qualification badges for the 
M-16 and M-14 rifles and the M-60 machinegun.

8.  Item 38 (Record of Assignments) on the applicant’s DA Form 20 reflects all “excellent” or “unknown” ratings for conduct and efficiency during his period of military service.  His OMPF reflects no records of discipline and by March 1968 the applicant had been promoted to pay grade E-5.


9.  Army Regulation 600-8-22 (Military Awards) 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 by medical personnel, and the medical treatment must have been made a matter of official record.

10.  Appendix B of Army Regulation 600-8-22 shows the campaigns for Vietnam.  During the applicant’s tour in Vietnam he participated in four designated campaign periods (Vietnam Counter Offensive Phases III, IV, and V, and the TET Counteroffensive.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  

11.  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 the unit to which the applicant was assigned was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 22 February 1967 to 17 May 1968 by Department of the Army General Order Number 21, dated 1969.  

12.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Campaign Medal, correctly known as the Republic of Vietnam Campaign Medal with Device (1960).  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.

13.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the Army 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.  

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant’s name is not among those listed as combat casualties on the Vietnam Casualty Roster, nor is there any entry on his DA Form 20 confirming his combat wounds, the applicant’s service medical records do indicate that he was injured as a result of diving for cover from a helicopter which was “under hostile fire.”  Clearly had the helicopter not been under fire there would have been no basis for the applicant to dive for cover and hence he would likely not have sustained the injuries he did.  As such, it would be appropriate and in the interest of equity to conclude the applicant’s injuries met the requirement for award of the Purple Heart and to correct his records accordingly.

2.  The evidence also confirms the applicant would have participated in four designated campaign periods during his tour of duty in Vietnam and as such is entitled to four bronze service stars on his Vietnam Service Medal.  He is also entitled to the Republic of Vietnam Campaign Medal with Device (1960) and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  His records should be corrected accordingly.

3.  The evidence of record shows the applicant met the criteria for award of the Army Good Conduct Medal; however, this award is not shown on DD Form 214.  There is no evidence in the records which shows the applicant was disqualified for this award.  The applicant is therefore entitled to award of the Army Good Conduct Medal (First Award) for the period 20 September 1966 to 13 May 1969 and to have it added to his DD Form 214.

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 Purple Heart for wounds sustained on 17 August 1968;
   


   b.  by awarding him the Army Good Conduct Medal for the period 
20 September 1966 to 13 May 1969; and 

   c.  amending his 1969 DD Form 214 to add the Purple Heart, Army Good Conduct Medal, four bronze service stars to his Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
   



      _______ _   _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)                                         AR20090003774





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ABCMR Record of Proceedings (cont)                                         AR20090003774



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