BOARD DATE:	  10 September 2009

		DOCKET NUMBER:  AR20090007479 


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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show that he was awarded the Purple Heart.

2.  The applicant states that after he sustained a fragment wound to his chest while he was in Vietnam, he was awarded the Purple Heart by his commanding officer.  He states that the Purple Heart failed to be included on his DD Form 214.

3.  The applicant provides a copy of Headquarters, 101st Airborne Division (Airmobile), General Orders Number 7082, dated 22 June 1970, that shows he was awarded the Bronze Star Medal with “V” Device; copies of pages 3 and 4 of his DA Form 20 (Enlisted Qualification Record); and a copy of 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.  On 15 August 1969, the applicant was inducted into the Army of the United States in Cincinnati, OH.  He successfully completed his training and he was awarded military occupational specialty (MOS) 13A (field artillery basic).  He was transferred to Vietnam on 12 December 1969 and he was assigned to Battery B, 2nd Battalion, 320th Artillery Regiment, 101st Airborne Division (Airmobile).

3.  A DA Form 8-275-2 (Clinical Record Cover Sheet), dated 12 June 1970, contained in the applicant’s official record shows that on 23 May 1970 he sustained a fragment wound to his chest wall, which was incurred in the line of duty and as a result of hostile action by enemy fire.

4.  On 22 June 1970, General Orders Number 7082 were published awarding the applicant the Bronze Star Medal with “V” Device for heroism in ground combat against a hostile force in the Republic of Vietnam on 23 May 1970.  His orders contain a statement that despite the impacting of mortar rounds near his parapet, he continued firing until a round landed inside his parapet and wounded him and the other members of his section.

5.  On 11 August 1970, Headquarters, 101st Airborne Division (Airmobile), General Orders Number 9045 awarded the applicant the Army Commendation Medal for meritorious service during the period 1 February 1970 to 30 June 1970 while serving in the Republic of Vietnam.

6.  On 20 September 1970, the same headquarters published General Orders Number 11552, awarding the applicant the Army Commendation Medal with “V” Device for heroism in ground combat against a hostile force in the Republic of Vietnam on 21 July 1970.

7.  On 7 November 1970, the same headquarters published General Orders Number 13343, awarding the applicant the Bronze Star Medal for meritorious service during the period 1 February 1970 to 31 October 1970 while serving in the Republic of Vietnam.

8.  The applicant was transferred to the Continental United States on 5 December 1970.  His DA Form 20 shows that he received "excellent" conduct and efficiency ratings through his assignments in the Army.

9.  On 13 August 1971, the applicant was honorably released from active duty (REFRAD) under the provisions of Army Regulation 635-200, chapter 2, at the expiration of his term of service.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.

10.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows that he was awarded the National Defense Service Medal, Vietnam Service Medal with two bronze service stars, Republic of Vietnam Campaign Medal, Army Commendation Medal, Bronze Star Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

11.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), 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 pertaining to the applicant.  However, a review of the Vietnam Casualty Roster shows that the applicant was wounded in action on 23 May 1970.

12.  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.  

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.  Service and efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 are not disqualifying.

14.  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 Civil Actions Honor Medal First Class Unit Citation for the period February 1968 through 2 May 1970 by Department of the Army General Order (DAGO) Number 48, dated 1971.
15.  Department of the Army Pamphlet 672-3 also shows that all units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on DAGO Number 8, dated 1974.

16.  Army Regulation 600-8-22 states, in pertinent part, that an oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Bronze Star Medal and the Army Commendation Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be amended to include the award of the Purple Heart.

2.  His contentions have been noted and based on the available medical evidence, it appears that he should have been awarded the Purple Heart when he sustained a fragment wound to his chest wall while he was in the Republic of Vietnam.  The Vietnam Casualty Roster also shows that he was wounded in action on 23 May 1970.  As a result, it is reasonable to presume that he was awarded the Purple Heart for wounds received in action as a result of hostile fire.  Therefore, his DD Form 214 should be corrected accordingly.

3.  The applicant’s DA Form 20 shows that he received "excellent" conduct and efficiency ratings while he was in the Army.  Based on the information contained in his records, he meets the criteria contained in the applicable regulation for award of the Army Good Conduct Medal.  Therefore, his records should be corrected to show this award.

4.  The applicant’s records also show that the unit to which he was assigned was cited in orders for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, these awards should also be included on his DD Form 214.

5.  The applicant's DD Form 214 shows award of the Bronze Star Medal; however, records show he was awarded an additional Bronze Star Medal with "V" Device.  Therefore, his records should be corrected accordingly.

6.  The applicant's DD Form 214 also shows award of the Army Commendation Medal; however, records show he was awarded an additional Army Commendation Medal with "V" Device.  Therefore, his records should be corrected accordingly.

7.  In view of the foregoing, it would now be appropriate to correct the applicant’s records as recommended below.

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.  deleting from item 24 of his DD Form 214 the Bronze Star Medal and the Army Commendation Medal;

   b.  awarding him the Army Good Conduct Medal for the period 15 August 1969 through 13 August 1971; and

   c.  adding to item 24 of his DD Form 214 the Purple Heart, Bronze Star Medal with 1st oak leaf cluster and with “V” Device, Army Commendation Medal with 1st oak leaf cluster and with “V” Device, Army Good Conduct Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Honor Actions Medal First Class 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)                                         AR20090007479



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ABCMR Record of Proceedings (cont)                                         AR20090007479



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