IN THE CASE OF:	  

		BOARD DATE:	  8 June 2010

		DOCKET NUMBER:  AR20090019457 


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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) by adding the Purple Heart (PH).

2.  The applicant states he was injured in the Republic of Vietnam (RVN) in 1971, when he sustained shrapnel wounds to his shoulder.

3.  The applicant provides a Veterans Administration letter, dated 30 November 1972.

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 and he entered active duty on 3 June 1970.  He was trained in and awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the RVN from 29 October 1970 through 28 October 1971.  Item 38 (Record of Assignments) shows during his RVN tour, the applicant was assigned to Company C, 1st Battalion, 61st Infantry Regiment, performing duties in MOS 11B as a rifleman.  Item 40 (Wounds) contains an entry indicating the applicant was wounded in action on 27 February 1971 when he sustained a fragment wound to his back.

4.  The applicant's record contains a Standard Form (SF) 502 (Clinical Record-Narrative Summary), dated 12 March 1971.  This document shows the applicant was admitted to the Naval Hospital, USS Sanctuary, on 27 February 1971, and his admission diagnosis was fragment wounds to back and multiple contusions.  It further indicates the applicant sustained fragment wounds to his back while riding on an armored personnel carrier when it hit a large land mine.

5.  The record also contains an SF 88 (Report of Medical Examination), dated
20 December 1971, which document the applicant's separation physical examination.  Item 74 (Summary of Defects and Diagnosis) notes fragment wounds to his back.

6.  Records show the applicant received "excellent" conduct and efficiency ratings through his service.  His Official Military Personnel File (OMPF) is void of any derogatory information or a unit commander's disqualification that would have precluded him from receiving the Army Good Conduct Medal.

7.  On 25 December 1971, the applicant was honorably released from active duty, in the rank/grade of specialist four (SP4)/E-4, after completing 1 year,
6 months, and 23 days of active military service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his the DD Form 214 shows he earned the following awards during his active duty service:

* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Vietnam Service Medal
* RVN Campaign Medal with Device (1960)
* Combat Infantryman Badge

8.  Army Regulation 600-8-22 (Military Awards) provides the Army's awards policy.  Paragraph 2-8 contains guidance on the PH.  It states in order to award the PH, there must be evidence the wound for which the award is being made was received as a result of enemy action; that it required treatment by medical personnel; and a record of this treatment must have been made a matter of official record.

9.  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.

10.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal (AGCM) 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.

11.  Army Regulation 600-8-22, paragraph 2-13, contains guidance on the Vietnam Service Medal.  It states a bronze service star is authorized with this award for all campaigns a member is credited with participating in while serving in the RVN.  Table B-1 contains a list of campaigns and shows during the applicant's assignment in the RVN, participation credit was granted for the following two campaigns:

* Vietnam Counteroffensive, Phase VII (1 July 1970 - 30 June 1971)
* Consolidation I (1 July 1971 - 30 November 1971)

12.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) assists commanders in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It shows during the applicant's assignment in the RVN, his unit (1st Battalion, 61st Infantry Regiment) was cited for the following two unit awards:
* 
RVN Gallantry Cross with Palm Unit Citation for the period 8 February - 
30 April 1971 by Department of the Army General Orders (DAGO) 42, dated 1970

* RVN Civil Actions Honor Medal First Class Unit Citation for the period
30 - 31 October 1970 by DAGO 24, dated 1972

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention the PH should be added to his DD Form 214 has been carefully considered and found to have merit.

2.  The evidence of record confirms the applicant was wounded in action when he sustained fragment wounds to his back in the RVN on 27 February 1971, as evidenced by an entry in item 40 of his DA Form 20.  It further confirms he was hospitalized and treated for these wounds from 27 February through 12 March 1971.  Therefore, it would be appropriate to award the applicant the PH for being wounded in action in the RVN on 27 February 1971 and by adding this award to his DD Form 214.

3.  The record shows he received "excellent" conduct and efficiency ratings throughout his service.  It is also void of any derogatory information or a unit commander's disqualification that would have precluded him from receiving the AGCM.  Therefore, it would be appropriate to award him the AGCM (1st award) for his qualifying honorable active duty service from 3 June 1970 through
25 December 1971 and to add this award to his DD Form 214.

3.  The record further shows based on his service and campaign participation in the RVN, he is eligible for the RVN Gallantry Cross with Palm Unit Citation, RVN Civil Actions Honor Medal First Class Unit Citation, and 2 bronze service stars for wear on his already-awarded Vietnam Service Medal.  Therefore, it would also be appropriate to add these awards to 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.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal;

	b.  awarding him the Purple Heart for being wounded in action in the Republic of Vietnam on 27 February 1971;

	c.  awarding him the Army Good Conduct Medal (1st award) for his qualifying period of honorable active duty service from 3 June 1970 through 25 December 1971;

	d.  adding to item 24 of his DD Form 214 the Purple Heart, Vietnam Service Medal with 2 bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; and

	e.  providing him a correction to his DD Form 214 that includes these changes.



      __________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)                                         AR20090019457



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ABCMR Record of Proceedings (cont)                                         AR20090019457



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