BOARD DATE:	  22 September 2009

		DOCKET NUMBER:  AR20090006858 


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 recommended for award of the Purple Heart but he has never received it.  He states he was wounded in an ambush and had to be taken to Fire Base Mace, Battalion Aide Station.

3.  The applicant provides in support of his application 23 pages from his service medical records, 18 pages from his records maintained by the Department of Veterans Affairs (VA), discharge certificate, discharge orders, and his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

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 on 18 October 1968 for a period of 3 years.  He completed basic combat training and advanced individual training and was awarded the military occupational specialty 11H (Infantry Direct Fire Crewman).

3.  On 1 December 1970, the applicant accepted nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice (UCMJ), for being absent without leave during the period 25 - 30 November 1970.

4.  During his tour in the Republic of Vietnam, the applicant was assigned to the following units:

	a.  the 1st Battalion, 5th Cavalry from 25 December 1970 to 23 March 1971;

	b.  the 277th Aviation Brigade from 24 - 30 March 1971; 

	c.  Headquarters and Headquarters Company, 11th Aviation Group from 
1 - 9 April 1971; and

	d.  Headquarters and Headquarters Company, 11th Combat Aviation Group, 1st Aviation Brigade from 10 April to 15 October 1971.

5.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) does not contain any entries indicating the applicant received any wounds.  

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

7.  On 17 October 1971, the applicant was released from active duty.  He had completed 2 years, 11 months, and 25 days of active service that was characterized as honorable.  He also had 5 days of lost time.

8.  Item 24 (Decorations, Medal, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show the award of the Purple Heart.  Item 24 shows the he is authorized the Vietnam Service Medal.

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



10.  The Standard Form 600 (Chronological Record of Medical Care) that the applicant provided contains an entry dated 26 February 1971 which was made by personnel at the 1st Battalion, 5th Calvary, Battalion Aid Station.  The entry states the applicant received a small fragment wound on the right medial thigh with no nerve or artery involvement at approximately 2100 hours, 25 February 1971, while on ambush.  The entry states he was recommended for the Purple Heart.   A fragment 1mm x 2mm x 2mm in size was removed and the wound packed and a dressing was applied.

11.  An entry on the Standard Form 600, dated 27 February 1971 made by the 1/5 Battalion Aid Station states his wound was irrigated and a fresh dressing was applied.  Entries dated 28 February 1971 and March 1971 state his wound was irrigated and fresh dressing was applied.

12.  The applicant's name does not appear on the Vietnam Casualty Listing.

13.  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 any orders for the Purple Heart for the applicant.

14.  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 1st Battalion, 5th Cavalry, the unit received the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period from 21 February 1970 to 28 February 1971, based on Department of the Army General Order Number 42, dated 1972.

15.  Department of the Army Pamphlet 672-3 shows that, during the time of the applicant’s assignment to the Headquarters and Headquarters Company, 
11th Aviation Group, the unit received the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period from 1 March to 9 October 1971, based on Department of the Army General Order Number 6, dated 1974.   

16.  Department of the Army Pamphlet 672-3 states, in pertinent part, that not more than one Republic of Vietnam Gallantry Cross with Palm Unit Citation will be worn by any individual.  However, although wear of multiple awards of this unit citation is not authorized, official military personnel and historical records will indicate all awards received.
17.  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 a medical officer, and the medical treatment must have been made a matter of official record.

18.  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) and 
the Consolidation I Campaign (1 July 1971 - 30 November 1971).

19.  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.  

20.  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 for qualifying service in Republic of Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in the Republic of 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.  This regulation further provides that individuals who served less than 
6 months and were wounded by hostile forces are entitled to award of the Republic of Vietnam Campaign Medal with Device (1960).

DISCUSSION AND CONCLUSIONS:

1.  The entries in the applicant's service medical records verify that he was wounded as the result of hostile action on 25 February 1971.  At the time he was assigned to the 1st Battalion, 5th Cavalry and he was treated by the Battalion Aid Station.  The entries show he required treatment by a medical officer and the medical treatment was made a part of his service medical record.  The entry dated 26 February 1971 also stated the applicant was recommended for award of the Purple Heart.  
2.  Therefore, there is sufficient evidence to award the applicant the Purple Heart for wounds received on 25 February 1971 in Vietnam and to include this decoration on his DD Form 214.

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

4.  The applicant is authorized two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

5.  The applicant was assigned in the Republic of Vietnam for more than 
6 months.  Therefore, he 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 the applicant the Purple Heart for wounds received on
25 February 1971 in Vietnam; and
   
   b.  deleting the Vietnam Service Medal from item 24 of the applicant’s 
DD Form 214; and
   


   c.  adding to item 24 of his DD Form 214 the Purple Heart, the Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation (2 awards), and the 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)                                         AR20090006858



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ABCMR Record of Proceedings (cont)                                         AR20090006858



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