IN THE CASE OF:
BOARD DATE: 30 March 2010
DOCKET NUMBER: AR20090013926
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 the Purple Heart.
2. The applicant states he was wounded in Vietnam three times and he believes he should have been awarded the Purple Heart.
3. The applicant provides a copy of 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 was inducted into the Army of the United States on 30 July 1969 and completed training as an armor reconnaissance specialist. He was transferred to Vietnam on 7 January 1970 and assigned to the 23rd Administration Company Replacement Detachment. He was transferred to Troop A, 1st Squadron, 1st Cavalry, on 19 January 1970. His records show his conduct and efficiency ratings were "excellent."
3. While in Vietnam, the applicant participated in the following campaigns:
* Vietnam Winter-Spring 1970 which extended from 1 November 1969 through 30 April 1970
* Sanctuary Counteroffensive which extended from 1 May 1970 through 30 June 1970
* Vietnam Counteroffensive Phase VII which extended from 1 July 1970 through 30 June 1971
4. The applicant's DA Form 20 (Enlisted Qualification Record) shows he sustained a fragment wound to his leg and head on 26 April 1970.
5. The applicant returned to the Continental United States on 30 November 1970. He was honorably released from active duty on 30 July 1971 with 1 day of lost time due to absence without leave (AWOL) and his DD Form 214 shows the following awards:
* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* Combat Infantryman Badge
* Republic of Vietnam Campaign Medal
* Army Commendation Medal
* Sharpshooter Marksmanship Qualification Badge (Rifle M-14)
* Expert Marksmanship Qualification Badge (Rifle M-16)
6. Army Regulation 600-200 (Enlisted Personnel Management), chapter 9 in effective at the time, provided for the preparation and submission of the DA Form 20. Paragraph 9-53 states that item 40 of the DA Form 20 shows the wounds and reflects a brief description of wounds or injuries requiring medical treatment received through hostile or enemy action, including those requiring hospitalization and the date wounded or injured.
7. 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, and the medical treatment must have been made a matter of official record.
8. Army Regulation 600-8-22 authorizes award of a bronze service star based on qualifying service for each campaign listed in appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal. In this case, a bronze service star is authorized for wear on the Vietnam Service Medal for participation in each campaign.
9. Army Regulation 600-8-22 provides for award of the Vietnam Campaign Medal, correctly known as the Republic of Vietnam Campaign Medal with Device (1960). This medal was awarded by the Government of Vietnam 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 more.
10. Army Regulation 672-5-1 (Decorations and 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. This period was 3 years except in those cases when the period for the first award ended 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.
11. 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 pamphlet shows the unit to which the applicant was assigned was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 30 January 1970 to 30 March 1970 by Department of the Army General Order Number 42, dated 1972.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions were considered and determined to have merit.
2. His injury is listed in item 40 of his DA Form 20, which was used to document combat injuries. He is entitled to the Purple Heart.
3. Although his record of service shows 1 day of AWOL, his conduct and efficiency ratings were "excellent," and based on his overall record of service, he meets the criteria contained in Army Regulation 672-5-1 for award of the Army Good Conduct Medal.
4. The applicant's records show that he is also authorized the following awards:
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* three bronze service stars to be affixed to his previously-awarded Vietnam Service Medal
* Device (1960) affixed to his previously-awarded Republic of Vietnam Campaign Medal
BOARD VOTE:
___X___ ___X___ ____X___ GRANT FULL RELIEF
_______ _______ _______ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. Notwithstanding the staff DISCUSSION AND CONCLUSIONS above, the Board noted that the only evidence of the applicant's being wounded is one handwritten entry on his DA Form 20. A review of the Vietnam Casualty Roster revealed his name was not listed as being wounded on any date.
2. In the absence of additional corroborating evidence, such as medical records, there is insufficient evidence on which to base awarding him the Purple Heart at this time. If he can provide further evidence, he may apply for reconsideration.
3. Therefore, the Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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 Army Good Conduct Medal for exemplary service from 30 July 1969 through 30 July 1971; and
b. amending his DD Form 214 to add the following awards:
* Army Good Conduct Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* three bronze service stars to be affixed to his previously-awarded Vietnam Service Medal
* Device (1960) to be affixed to his previously-awarded Republic of Vietnam Campaign Medal
4. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to the Purple Heart.
___________XXX____________
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) AR20090013926
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090013926
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100019855
The evidence of record shows the applicant was wounded in action on 25 April 1970 in Vietnam. The evidence of record shows he was awarded the Vietnam Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 1 April 1969 through 31 March 1971 * adding to his DD Form 214 the: * Bronze Star Medal...
ARMY | BCMR | CY2011 | 20110022018
Application for correction of military records (with supporting documents provided, if any). The applicant requests: * Award of the Purple Heart * Correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Bronze Star Medal * Correction of the General Orders (GOs) that awarded him the Bronze Star Medal and accompanying certificate and citation to show the correct social security number (SSN) * Correction of the GOs that awarded him the Army...
ARMY | BCMR | CY2006 | 20060009937
The applicant provides the following in support of this application: a. his DD Form 214 that was issued at the time of his discharge from the Regular Army on 13 April 1979; b. a certificate showing that he was awarded the Purple Heart; c. his DA Form 2-1 (Personnel Qualification Record Part II); d. orders awarding him the Bronze Star Medal, the Army Commendation Medal, and the Combat Infantryman Badge, and e. a letter from the National Personnel Records Center. Therefore, he is entitled...
ARMY | BCMR | CY2009 | 20090012659
The evidence of record shows the applicant was awarded the Vietnam Service Medal. 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 in action on 6 November 1969 in the Republic of Vietnam; and b. adding to his DD Form 214 awards of the Purple Heart, the Good Conduct Medal (1st Award), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the...
ARMY | BCMR | CY2010 | 20100026102
The evidence of record shows he was awarded the Vietnam Service Medal. Therefore, it would be appropriate to award him the first award of the Army Good Conduct Medal based on completion of a qualifying period of Federal military service and correct his DD Form 214 to show his medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency,...
ARMY | BCMR | CY2008 | 20080019252
The applicant requests correction of his military service records to show award of the Purple Heart. There are no orders in the applicant's military personnel service record awarding him the Purple Heart. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by correcting the applicant's DD Form 214 with a separation date of 28 October 1971 to add the following awards: a. the Purple Heart for wounds received in action on 17 July...
ARMY | BCMR | CY2011 | 20110019808
Army Regulation 672-5-1 (Military 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. He was awarded the Vietnam Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 2...
ARMY | BCMR | CY2012 | 20120022786
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. His DA Form 20 (Enlisted Qualification Record) shows in: a. item 31 (Foreign Service) and item 38 (Record of Assignments), that he was assigned to Vietnam from 12 November 1968 to 12 November 1969 and served with Company B, 1st Battalion...
ARMY | BCMR | CY2011 | 20110004254
Army Regulation 600-8-22 states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. Records show the applicant participated in four campaigns while serving in the Republic of Vietnam. 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 sustained in action...
ARMY | BCMR | CY2013 | 20130017689
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to add the: * Army Commendation Medal (2nd Award) and with "V" Device * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * three bronze service stars to his Vietnam Service Medal * a second award of the Purple Heart * a second award of the Air Medal * the letter "R" (Republic) to the Vietnam Campaign Medal with Device (1960) 2. Although most of the...