IN THE CASE OF:	  

		BOARD DATE:	  29 October 2009

		DOCKET NUMBER:  AR20090009260 


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, in effect, correction of item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the award of the Purple Heart. 

2.  The applicant essentially states he received a Purple Heart Certificate for wounds he received in combat action, but this information was omitted from his DD Form 214.

3.  The applicant provides his DD Form 214 and a certificate awarding him the Purple Heart in support of this application. 

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 records show that he was inducted into the Army of the United States on 12 February 1969.  He completed initial entry training and he was awarded military occupational specialty (MOS) 31B (Field Radio Mechanic).  He was later awarded MOS 31G (Tactical Communications Chief).  After completing the Army Noncommissioned Officer (NCO) Candidate Course and follow-on on-the-job training, he departed for the Republic of Vietnam on
30 January 1970.  He was initially assigned to Company A, 2nd Battalion,
8th Cavalry Regiment, 1st Cavalry Division.  On 23 June 1970, he was reassigned to Headquarters and Headquarters Company (HHC) of the same battalion.  He returned to the continental United States on or about 24 December 1970 and he was honorably released from active duty on 25 December 1970.  Item 24 of the DD Form 214 that he was issued at the time of his release from active duty shows that he was awarded the National Defense Service Medal, Army Commendation Medal, Vietnam Service Medal, and the Republic of Vietnam Campaign Medal.  It does not show that he was awarded the Purple Heart.

3.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) also does not show that he was awarded the Purple Heart.

4.  The applicant provided a certificate showing that he was awarded the Purple Heart on 9 January 1971 for wounds received in action on 14 March 1970 in the Republic of Vietnam.  This award certificate is signed by a major general, who was in fact the Commanding General, 1st Cavalry Division from August 1970 to May 1971.  A corroborating entry in item 40 (Wounds) of the applicant's DA Form 20 also shows that he sustained a fragmentation wound to his left thigh on
14 March 1970.  There are no orders and the applicant did not provide a copy of corresponding orders awarding him the Purple Heart.

5.  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.

6.  Review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

7.  The applicant's military records show that he was awarded the Army Commendation Medal with "V" (Valor) Device for heroism in sustained combat operations against a hostile force in the Kingdom of Cambodia from 26 May 1970 to 28 May 1970, by Headquarters, 1st Cavalry Division (Airmobile) General Orders Number 19425, dated 7 November 1970.  He was also awarded an Army Commendation Medal for meritorious achievement during the period January 1970 to January 1971 by Headquarters, 1st Cavalry Division (Airmobile) General Orders Number 20481, dated 23 November 1970. 

8.  The applicant served 1 year, 10 months, and 14 days of continuous enlisted active duty service from 12 February 1969 to 25 December 1970.  He received "excellent" conduct and efficiency ratings for the entire period of qualifying service and there is no derogatory information in the available records.

9.  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 at the time of the applicant’s assignment to the 2nd Battalion, 8th Cavalry Regiment, the battalion was cited for award of the Valorous Unit Award by Department of the Army General Orders (DAGO) Number 43, dated 1972; and the Republic of Vietnam Gallantry Cross with Palm Unit Citation by DAGO Number 42, dated 1972.

10.  Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Table B-1 contains a list of Vietnam campaigns and it shows that during the applicant's tour in Vietnam, he participated in the Vietnam Winter-Spring 1970 (1 November 1969 – 30 April 1970), Sanctuary Counteroffensive (1 May 1970 – 30 June 1970), and the Vietnam Counteroffensive Phase VII (1 July 1970 – 30 June 1971) campaigns.

11.  The applicant was awarded this weapons qualification by Headquarters, 2nd Basic Combat Training Brigade, Fort Jackson, SC, Special Orders Number 67, dated 1 April 1969.

12.  Army Regulation 600-8-22 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 been treated by military medical personnel, and the medical treatment must have been made a matter of official records.  Each approved award of the Purple Heart must exhibit all of the following factors: wound, injury or death must have been the result of enemy or hostile act; international terrorist attack; or friendly fire; the wound or injury must have required treatment by military medical personnel; and the record of medical treatment must have been made a matter of official Army records.

13.  Army Regulation 600-200 (Enlisted Personnel Management System), chapter 9 of the version in effect at the time, stated, in pertinent part, that a brief description of wounds or injuries (including injury from gas) requiring medical treatment received through hostile or enemy action, including those requiring hospitalization would be entered in item 40 of the DA Form 20.  This regulation further stated that the date the wound or injury occurred would also be placed in item 40.

14.  Army Regulation 672-5-1 (Military Awards), in effect at the time of the applicant’s active duty service, provided policy and criteria concerning individual military decorations.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that item 24 of his DD Form 214 should be corrected to show the award of the Purple Heart. 

2.  While there are no orders in the available records which awarded the applicant the Purple Heart, he presented a properly-constituted certificate awarding him the Purple Heart that was signed by the Commanding General, 1st Cavalry Division at the time for wounds received in action on 14 March 1970.  The fact that this certificate was awarded on 9 January 1971, and the fact that the applicant was released from active duty 2 weeks prior to the issuance of this certificate only serves to show that his military records would not have had any 
entries showing that he was awarded the Purple Heart prior to his release from active duty.  Additionally, there is a corroborating entry in item 40 of the applicant's DA Form 20 showing that he was wounded in action on 14 March 1970.  This entry on his DA Form 20 would only have been entered by a records custodian once proper documentation was provided to support adding this entry to his military records.  In view of the foregoing, it would be appropriate at this time to correct the applicant's military records to show the award of the Purple Heart.

3.  While the applicant's DD Form 214 only shows that he was awarded the Army Commendation Medal, he was actually awarded what amounts to the Army Commendation Medal with "V" Device and first oak leaf cluster.  Therefore, he is entitled to correction of his military records to show these awards.

4.  The applicant served 1 year, 10 months, and 14 days of continuous enlisted active duty service from 12 February 1969 to 25 December 1970.  He also received "excellent" conduct and efficiency ratings during the entire period of qualifying service.  There is also no derogatory information in the available records which could be a disqualifying factor for this period of active duty service for award of the Army Good Conduct Medal.  Therefore, it would be appropriate at this time to award him the Army Good Conduct Medal (first award) for the period 12 February 1969 to 25 December 1970 and correct his military records to show this award.

5.  General orders awarded the Valorous Unit Award and the Republic of Vietnam Gallantry Cross with Palm Unit Citation to the 2nd Battalion, 8th Cavalry Regiment while the applicant was assigned to this battalion.  Therefore, he is entitled to correction of his military records to show these unit awards.

6.  The applicant participated in three campaigns during his tour in Vietnam; therefore, he is entitled to correction of his military records to show three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

7.  Special orders awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, but it is not listed on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

 BOARD VOTE:

____X__  ___X____  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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 Army Commendation Medal and the Vietnam Service Medal;

	b.  awarding him the Army Good Conduct Medal (first award) for the period
12 February 1969 to 25 December 1970; and

	c.  adding to item 24 of his DD Form 214 the Purple Heart, Army Commendation Medal with "V" Device and first oak leaf cluster, Army Good Conduct Medal (first award), Vietnam Service Medal with three bronze service stars, Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his honorable service in arms.



      ___________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)                                         AR20090009260



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ABCMR Record of Proceedings (cont)                                         AR20090009260



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