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



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ABCMR Record of Proceedings (cont)                                         AR20090013926



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