IN THE CASE OF:	  

		BOARD DATE:	  17 November 2009

		DOCKET NUMBER:  AR20090010677 


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 wounded in Vietnam and should get a Purple Heart.

3.  The applicant submits a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) in support of his request.

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 record shows he was inducted into the Army of the United States on 20 November 1968.  He completed his basic combat and his advanced individual training at Fort Jackson, South Carolina.  After completing all required training, he was awarded the military occupational specialty 11B (Light Weapons Infantryman).

3.  The applicant served in Vietnam from 9 May 1969 through 15 June 1969 with Company C and Company E, 1st Battalion, 20th Infantry Regiment, 11th Infantry Brigade.  The applicant was medically evacuated from Vietnam to the 106th General Hospital in Japan for treatment of wounds he sustained in Vietnam.

4.  The applicant was honorably separated from active duty on 1 July 1970 under the provisions of Title 10, U.S. Code, section 1201, for retirement (permanent disability).  He was separated in the rank/pay grade of specialist four/E-4.  On the date he was retired for permanent physical disability reasons he had completed 1 year, 7 months, and 11 days of active military service with 1 day of lost time on 22 August 1969.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, and a marksmanship qualification badge with Rifle Bar.  The Purple Heart is not shown on the applicant's DD Form 214.

6.  There is no entry in item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) to show that he received a wound in action against a hostile force.

7.  There is no entry in item 41 (Awards and Decorations) of the applicant's DA Form 20 showing he was awarded the Purple Heart.

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

9.  Item 29 (Qualification in Arms) of the applicant's DA Form 20 shows he qualified as a sharpshooter in January 1969 and was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

10.  A 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 U.S. Army Human Resources Command, was conducted to determine if the applicant was awarded the Purple Heart.  This search failed to reveal any orders were published awarding the Purple Heart to the applicant.

11.  The applicant's name does not appear on the Vietnam casualty list.

12.  A copy of a DA Form 8-118 (Medical Board Proceedings), dated 16 April 1970, on file in the applicant's service personnel records shows he was wounded on 2 June 1969 when a booby trap exploded in Vietnam.

13.  A copy of a Standard Form 502 (Clinical Record - Narrative Summary), dated 16 April 1970, on file in the applicant's service personnel records shows he sustained multiple fragment wounds to both arms and other multiple injuries near Landing Zone Liz in the Republic of Vietnam.  This report specifically states the applicant was wounded in action on 2 June 1969.  The applicant was initially admitted to the 312th Evacuation Hospital, was transferred to the 106th General Hospital, and was medically evacuated to Fort Jackson to receive further medical treatment.

14.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows the applicant consistently received "excellent" conduct and efficiency ratings.  The applicant was charged with 1 day of absence without leave; however, the facts and circumstances of this absence are not available for review and there is no evidence he was punished for this absence either through judicial or nonjudicial means.  The evidence does show the applicant was promoted to specialist four with a date of rank of 16 December 1969 after his 1 day of absence without leave.  There is no other evidence of any breach of good order or discipline in his service personnel record that would preclude award of the Army Good Conduct Medal.

15.  The applicant's DD Form 214 shows authorization for the Vietnam Service Medal; however, it does not show the bronze service stars to which he is entitled for his campaign participation.

16.  While in Vietnam, the applicant participated in the Tet 69 Counteroffensive Campaign which extended from 23 February 1969 through 8 June 1969.

17.  The applicant served in Vietnam for a period of 1 month and 8 days before he was wounded in action and evacuated from Vietnam to receive medical treatment.  His DD Form 214 does not show his entitlement to the Republic of Vietnam Campaign Medal.

18.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), which lists unit awards received by units serving in Vietnam, shows the applicant's unit, a subordinate unit of U.S. Army Vietnam, is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 20 July 1965 through 28 March 1973 by Department of the Army General Order Number 8, dated 1974.

19.  Army Regulation 600-8-22 (Military Awards), in pertinent part, authorizes award of a bronze service star based on qualifying service for each campaign listed in appendix B and states that authorized bronze service stars will be worn on the appropriate service medal, including the Vietnam Service Medal.

20.  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 required treatment, and the medical treatment must have been made a matter of official record.

21.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Republic of Vietnam Campaign Medal with Device (1960).  The Government of Vietnam awarded this medal to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or service outside the geographical limits of the Republic of Vietnam that contributed direct combat support to the Republic of Vietnam and its Armed Forces.  Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were medically evacuated prior to completing 6 months of service due wounds resulting from hostile action were entitled to award of the Republic of Vietnam Campaign Medal.

22.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  It stated 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; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; 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.  The enlisted person must have had all “excellent” conduct and efficiency ratings.  There must have been no convictions by a court-martial.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in General Orders.

23.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia), chapter 29, prescribes policy and guidance for wear of U.S. and foreign unit awards.  This regulation states that a Soldier may wear the unit award permanently if the individual was assigned to and present for duty with the unit any time during the period cited or was attached by competent orders to and present for duty with the unit during the entire period or for at least 30 consecutive days of the period cited.

DISCUSSION AND CONCLUSIONS:

1.  To be awarded the Purple Heart, substantiating evidence must be presented to show that the Soldier was wounded as the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

2.  A copy of medical board proceedings, dated 16 April 1970, on file in the applicant's service personnel record shows he sustained multiple fragmentation wounds when he was wounded in action on 2 June 1969.

3.  A Standard Form 502, dated 16 April 1970, on file in the applicant's service personnel records shows he sustained multiple fragment wounds to both arms and other multiple injuries near Landing Zone Liz in the Republic of Vietnam.  This report specifically states the applicant was wounded in action on 2 June 1969.  The applicant was initially admitted to the 312th Evacuation Hospital, was transferred to the 106th General Hospital, and was medically evacuated to Fort Jackson to receive further medical treatment.

4.  The applicant's name does not appear on the Vietnam casualty listing and there were no entries made in his service personnel record to show he was wounded as a result of hostile action; there is a lack of evidence in ADCARS or elsewhere to indicate that orders awarding the applicant the Purple Heart were published by either the applicant's unit or the hospitals to which he was medically evacuated to receive his medical treatment.  However, in this case, there is sufficient medical evidence in the applicant's service personnel records to show he is entitled to award of the Purple Heart and to have it added to his DD Form 214.

5.  The applicant had "excellent" conduct and efficiency ratings throughout his time in the Army.  The applicant was charged with 1 day of absence without leave; however, full facts and circumstances surrounding this absence are not available for review.  There is no evidence the applicant was punished for this absence by any means.  The evidence shows that whatever the circumstances, the applicant was promoted to specialist four with a date of rank of 16 December 1969 after this 1 day of unauthorized absence.  The applicant is therefore eligible for award of the Army Good Conduct Medal for the period 20 November 1968 through 1 July 1970.

6.  The applicant served in one campaign while he served in Vietnam.  He is therefore entitled to one bronze service stars to be affixed to his Vietnam Service Medal and to be shown on his DD Form 214.

7.  The applicant served in Vietnam for a period of 1 month and 6 days before he was wounded and medically evacuated from Vietnam to receive medical 
treatment.  He is therefore entitled to award of the Republic of Vietnam Campaign Medal with Device (1960) and to have this award added to his DD Form 214.

8.  The applicant served in a unit which was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was a member of the unit.  This unit award is not shown on his DD Form 214.  He is entitled to this unit award and to have it added to his DD Form 214.

9.  The applicant's DD Form 214 shows he was awarded a marksmanship qualification badge with Rifle Bar.  The applicant earned the Sharpshooter Marksmanship Qualification Badge with Rifle Bar and this should be clearly shown on his DD Form 214.

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 Purple Heart to the applicant for wounds he sustained in the Republic of Vietnam on 2 June 1969 and adding this award to his DD Form 214;

	b.  awarding the applicant the Good Conduct Medal for the period 20 November 1968 through 1 July 1970 and adding this award to the applicant's DD Form 214;

	c.  deleting the Vietnam Service Medal and the marksmanship qualification badge with Rifle Bar from the applicant's DD Form 214; and

	d.  adding the Vietnam Service Medal with one bronze service star, the Republic of Vietnam Campaign Medal with Device (1960), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar to the applicant's DD Form 214.



      __________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)                                         AR20090010677



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ABCMR Record of Proceedings (cont)                                         AR20090010677



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