IN THE CASE OF:	

		BOARD DATE:	  28 January 2010

		DOCKET NUMBER:  AR20090014746 


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 that he be awarded the Purple Heart.

2.  The applicant states he received shrapnel wounds to his left forearm and the left side of his nose on 20 May 1970.  He was told he would receive the Purple Heart; therefore, he would like to have the Purple Heart added to his separation document and to receive the actual medal.

3.  The applicant provides copies of a personal statement, his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and a newspaper article from an unknown source.

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 10 July 1969, the applicant was inducted into the Army of the United States, he completed the training requirements and he was awarded military occupational specialty 11D (Armor Reconnaissance Specialist).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows that:

	a.  he was promoted to sergeant/E-5 on 12 August 1970;

	b.  he served in Vietnam from 2 January 1970 through 26 November 1970; and that he was assigned to C Troop, 1st Squadron, 1st Cavalry Regiment from 14 January 1970 through 23 November 1970; 

	c.  his authorized awards include the National Defense Service Medal, the Vietnam Service Medal, the Combat Infantryman Badge, the Army Commendation Medal, the Republic of Vietnam Campaign Medal with Device 1960, the Bronze Star Medal, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar; and 

	d.  his conduct and proficiency ratings were reported as exclusively excellent.

4.  The applicant's DA Form 20, block 39 (Campaigns) and block 40 (Wounds) contain no entries.

5.  The applicant was released from active duty on 23 April 1971 after completing 1 year, 9 months, and 14 days of active service with no lost time.  His DD Form 214 shows the awards that are listed on his DA Form 20, except for the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

6.  A review of the Vietnam Casualty Roster indicates the applicant sustained combat wounds on 20 May 1970 and that he did not require hospitalization.  It is also noted that this entry was not made to the Roster until almost a year after he was wounded and had been separated from active duty. 

7.  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 while the applicant was assigned to C Troop, 1st Squadron, 1st Cavalry Regiment, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  

8.  Army Regulation 600-8-22 (Military Awards) provides the following pertinent information:

	a.  the Purple Heart is awarded to an individual who is wounded in action against an enemy of the United States.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, required treatment by a medical officer, and the medical treatment must have been made a matter of official record; and

	b.  a bronze service star is authorized, based on qualifying service, for each designated campaign period listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal.  This regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal. Based on the applicant's dates of service in Vietnam, Appendix B indicates he served during the following three campaign periods:  the Vietnam Winter-Spring 1970; 1 November 1969 - 30 April 1970; the DA Sanctuary Counteroffensive 1 May 1970 - 30 June 1970; and the Counteroffensive Phase VII, 1 July 1970 - 30 June 1971.

9.  Army Regulation 672-5-1, in effect at the time, provides that the 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he is entitled to the Purple Heart, due to wounds that he received on 20 May 1970.  

2.  An entry on the Vietnam Casualty Roster supports the applicant's contention that he received wounds as a result of enemy action on 20 May 1970.  Placement of the applicant's name on the Vietnam Casualty Roster is sufficient to award the applicant the Purple Heart and to correct his record accordingly. 



3.  The applicant distinguished himself by his conduct, efficiency and fidelity as evidenced by his combat service, his conduct and efficiency ratings, his personal decorations, and his promotion to E-5.  His record contains no evidence of any disqualifying incidents or recommendations that would deny award of the Good Conduct Medal; therefore, it would be appropriate to award him this medal for the period of service from 10 July 1969 through 23 April 1971.

4.  He served in Vietnam during three campaign periods and he is authorized award of three bronze service stars to be worn on his already-awarded Vietnam Service Medal.  The available evidence also shows that he qualified for award of Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  His record should be corrected to show this medal and badge.

5.  The applicant served with C Troop, 1st Squadron, 1st Cavalry Regiment during a period it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, it would be appropriate to correct his record to show this unit award.

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 applicant the Purple Heart for wounds received on 20 May 1970, and the Good Conduct Medal for the period 10 July 1969 through 23 April 1971; and






	b.  adding to the list of awards already shown on his DD Form 214 the Purple Heart, Republic of Vietnam Gallantry Cross with Palm Unit Citation, three bronze service stars to be won on his already-awarded Vietnam Service Medal and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.




      _______ _   _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)                                         AR20090014746



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ABCMR Record of Proceedings (cont)                                         AR20090014746



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