BOARD DATE:	  26 August 2009

		DOCKET NUMBER:  AR20090004737 


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 during Operation Tomahawk while in Vietnam. 

3.  The applicant provides a 19-page declassified document explaining the history of several "Area of Operations" and a medical log.

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 he was inducted into the Army of the United States on 29 April 1979.  He served in the Republic of Vietnam from 15 October 1970 to 14 October 1971 and was assigned to Company A, 2nd Battalion, 501st Infantry.  He was honorably released from active duty on 17 December 1971.

3.  The "Area of Operations" document provides a history of four different operations:  Tomahawk Area of Operations, 7 December 1970 to 7 January 1971; Brick Area of Operations, 8 January 1971 to 9 February 1971; Bastogne Area of Operations, 25 February 1971 to 7 May 1971; and Rifle Area of Operations, 31 August 1971 to 1 October 1971.  The document indicated that during each of these operations, specifically the Tomahawk, the battalion's encountered enemy activity and sustained casualty losses.  However, none of the Soldiers were listed by name. 

4.  The medical log shows that the applicant had a sprained ankle.  The note on the document stated "Hostile mortar attack while at LZ where Company "A" and Company "B" were meeting to switch areas of operation."  The log is dated 
31 March 1971, 1505 hours.  

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows the following awards:  Vietnam Service Medal with/1 Bronze Service Star; National Defense Service Medal; Republic of Vietnam Campaign Medal; Sharpshooter (Rifle); Air Medal; and Combat Infantryman Badge.  This form does not show award of the Purple Heart.  The applicant's military service records do not contain any general orders awarding him the Purple Heart.

6.  The applicant's name is listed on the Vietnam Casualty Roster.  The roster verified that the applicant was wounded as a result of hostile action on 31 March 1971.

7.  The applicant's DA Form 20 (Enlisted Qualification Record) shows that he received all "excellent" conduct and efficiency ratings.  There are no record of court-martial convictions in the available file.

8.  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 a medical officer, and the medical treatment must have been made a matter of official record.


9.  Review of the applicant's DD Form 214 indicates that he is entitled to additional awards that are not shown on this form.  The applicant's DD Form 214 does not list award of the Good Conduct Medal or the Vietnam Gallantry Cross with Palm Unit Citation.

10.  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.

11.  The applicant's DD Form 214 does not show award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  The Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists unit awards received by units serving in Vietnam.  This document shows the 2nd Battalion, 501st Infantry, during the period that the applicant was assigned, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 6, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  The Vietnam Casualty Roster and the medical log show the applicant was wounded by hostile force on 31 March 1971.  Therefore, based on the evidence provided, he is entitled to award of the Purple Heart.

2.  Evidence of record shows the applicant is entitled to the award of the Army Good Conduct Medal for the period of service from 29 April 1970 to
17 December 1971.  

3.  The evidence also shows that the applicant is entitled to wear the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, the applicant is entitled to correction of his records to show this award.







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 31 March 1971;

	b.  awarding him the Army Good Conduct Medal for the period of service from 29 April 1970 to 17 December 1971; and  

   c.  showing he is entitled to wear 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)                                         AR20090004737





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ABCMR Record of Proceedings (cont)                                         AR20090004737



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