DOCKET NUMBER:  AR20090005012 


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 that his DD Form 214 (Report of Transfer or Discharge) be corrected to show his award of the Purple Heart.

2.  The applicant states he was injured in combat on 14 April 1970 in Vietnam.  In 1990 he received a Purple Heart award certificate, but the documents were not forwarded for inclusion on his DD Form 214.

3.  The applicant provides copies of a Purple Heart Certificate and a Certificate of Retirement.

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 was inducted into the Army of the United States on 28 August 1968, completed training, and was awarded the military occupational specialty 11D (Armored Reconnaissance Specialist).

3.  He served in Vietnam with Headquarters and Headquarters Troop, 2d Squadron, 1st Cavalry Division, from 18 August 1969 through 14 April 1970.

4.  A Western Union Telegram was sent to the applicant's parents notifying them that he had been slightly wounded in action on 14 April 1970 when the vehicle he was riding in hit a land mine.

5.  Headquarters, U.S. Army Vietnam, Special Orders Number 142, dated 22 May 1970, awarded the applicant the Combat Infantryman Badge.

6.  The limited available medical records show the applicant was wounded in action on 14 April 1970 when the truck he was riding in hit a land mine.  He was hospitalized briefly in Vietnam and medically evacuated first to Japan and then to the United States for follow-up treatment.

7.  On 18 January 1971, a medical evaluation board found the applicant was unfit for continuation on active duty due to eight conditions arising from his combat injuries of 14 April 1970.  He was referred to a physical evaluation board (PEB).

8.  On 28 January 1971, a PEB found the applicant to have seven conditions that rendered him unfit.  The PEB recommended he be permanently retired with a combined 80-percent disability evaluation.  All of the conditions that rendered the applicant unfit were the residuals of injuries sustained on 14 April 1970.

9.  The applicant was medically discharged on 11 March 1971 and placed on the Permanent Retired List with an 80-percent disability rating the following day.

10.  His DD Form 214 shows he had 2 years, 6 months, and 13 days of creditable active service.  His awards are listed as only the National Defense Service Medal.

11.  The applicant's DA Form 20 (Enlisted Qualification Record) shows promotion to specialist four (E-4) on 16 January 1970.  His awards are shown as the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, and the Marksman Marksmanship Qualification Badge with Rifle Bar for both the M-14 and M-16 rifles.  His conduct and efficiency ratings are shown as "excellent."

12.  The record contains no documentation of any nonjudicial punishments, negative reports, or derogatory actions.

13.  A DA Form 1577 (Authorization for Issuance of Awards), issued on 5 April 1973, lists the applicant's awards as the Purple Heart, the Army Good Conduct Medal, the National Defense Service Medal, the Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Campaign Medal, the Combat Infantryman Badge, and the Marksman Marksmanship Qualification Badge with Rifle Bar.

14.  A Purple Heart award certificate provided by the applicant shows a date of issuance as 19 June 1990.  It does not contain a notation of the orders number awarding this medal and the record does not contain any correction to his DD Form 214.

15.  Army Regulation 672-5-1(Military Awards), in effect at the time, provided that the Army Good Conduct Medal is awarded to individuals who have completed a qualifying 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.

16.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual military awards.  The following are pertinent to this case:

	a.  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 by medical personnel, and the medical treatment must have been made a matter of official record; and

	b.  a bronze service star is authorized based on qualifying service for each designated campaign listed in appendix B of the regulation and states that authorized service stars will be worn on the appropriate campaign or service medal.  The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.  Based on the applicant's dates of service in Vietnam, appendix B indicates he participated during the following two campaign periods:  the Vietnam Summer-Fall 1969, 9 June 1969-31 October 1969, and the Vietnam Winter-Spring 1970, 1 November 1969-30 April 1970.

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 while the applicant was assigned to the 2d Squadron, 1st Cavalry Division, from 18 August 1969 through 14 April 1970, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states he was injured in combat on 14 April 1970 in Vietnam.  In 1990 he received a Purple Heart award certificate but the documents were not forwarded for inclusion on his DD Form 214.

2.  The medical records show the applicant sustained wounds as a result of an enemy mine.  These wounds were significant enough to ultimately result in his being medically retired.  He is entitled to award of the Purple Heart for the wounds sustained on 14 April 1970 and it is appropriate to correct the record to show this award.

3.  The applicant distinguished himself by his conduct, efficiency, and fidelity as evidenced by his combat service, his conduct and efficiency ratings, and his promotion to E-4.  The record contains no indication of any disqualifying incidents or recommendations.  It is appropriate to award the applicant the Army Good Conduct Medal for his period of service from 28 August 1968 through 11 March 1971.

4.  The applicant served in Vietnam during two campaign periods and is authorized to wear two bronze service stars on his Vietnam Service Medal.

5.  The applicant's awards of the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, the Combat Infantryman Badge, and the Marksman Marksmanship Qualification Badge with Rifle Bar for both the M-14 and M-16 rifles are not shown on the DD Form 214.  It is appropriate to correct the record by adding them to his DD Form 214 at this time.

6.  In addition to the above listed awards, the applicant is also authorized award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  It is appropriate to add this award to the DD Form 214 at this time.

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 14 April 1970 and the Army Good Conduct Medal for the period from 28 August 1968 through 11 March 1971; and

	b.  showing that in addition to the award listed on the DD Form 214, he is also authorized award of the Purple Heart, the Army Good Conduct Medal, the Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Campaign Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Combat Infantryman Badge, and the Marksman Marksmanship Qualification Badge with Rife Bars for both the M-14 and M-16 rifles.



      ____________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)                                         AR20090005012



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ABCMR Record of Proceedings (cont)                                         AR20090005012



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