IN THE CASE OF:	  

		BOARD DATE:	  20 May 2010

		DOCKET NUMBER:  AR20090020056 


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 he served in Vietnam from January 1972 to June 1972 with a reconnaissance unit based at Bien Hoa.  He was injured by a grenade at Fire Base Saber and he was air lifted to Long Binh medical unit to remove the scrap metal and for sutures.  At the time of his injury, a colonel assured him he would get the Purple Heart.  He was sent back home early and only served in Vietnam for 6 months.  He received his Bronze star Medal but not his Purple Heart.  

3.  The applicant provided a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 19 January 1973, and copies of his medical, dental, and immunization records throughout his military service; 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 records show he was inducted into the Army of the United States on 2 March 1971 and held military occupational specialties 11B (Light Weapons Infantryman) and 11C (Infantry Indirect Fire Crewman). 

3.  His records also show he served in the Republic of Vietnam from on or about 7 January 1972 to on or about 30 June 1972.  He was assigned to E Company, 1st Battalion, 7th Cavalry, 1st Cavalry Division.

4.  He was honorably released from active duty in the rank/grade of specialist four (SP4)/E-4 on 19 January 1973 and he was transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his Reserve obligations. 

5.  Item 24 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal, Vietnam Campaign Medal with "1960" Device, one overseas service bar, Vietnam Service Medal with one bronze service star, Combat Infantryman Badge, Bronze Star Medal, and Expert Marksmanship Qualification Badge with Rifle Bar.

6.  Item 40 (Wounds) of his DA Forms 20 (Enlisted Qualification Record) shows a blank entry and item 41 (Awards and Decorations) of this form does not show award of the Purple Heart.

7.  His records do not contain official orders which authorized him award of the Purple Heart and his name is not shown on the Vietnam casualty roster.

8.  During the processing of this case, a member of the Board staff reviewed the Awards and Decorations Computer Assisted Retrieval System maintained by the Military Awards Branch of the U.S Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973.  This review failed to reveal any Purple Heart orders on file for him. 

9.  His available medical records show the following entries:

	a.  Emergency Room, 24th Evacuation Hospital, 15 June 1972, FW (fragment wound) to neck and buttocks; approximately 2x3 mm wound on right mandible;  area cleaned and immediate area around wound debrided; return for suture removal in 5 days.   
	b.  U.S. Army Troop Clinic, Long Binh, 17 June 1972, patient came for dressing change; wound cleaned and repacked.

	c.  U.S. Army Troop Clinic, Long Binh, 22 June 1972, the wound on the buttocks was infected; no DPC (delayed wound closure) was performed; the wound was cleaned and dressed; the sutures were removed.

10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or 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.  

11.  Review of the applicant's records indicates entitlement to additional awards that are not shown on his DD Form 214.

12.  Headquarters, 2nd Training Brigade, U.S. Army Training Center, Infantry, Fort Order, CA, Special Orders Number 71, on 25 May 1971, awarded him the Marksman Marksmanship Qualification Badge with Machinegun Bar (M-60). 

13.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in two campaigns during his tour of duty in the Republic of Vietnam: the Consolidation II (1 December 1971 to 29 March 1972) and the Vietnam Cease Fire (30 March 1972 to 28 January 1973).  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during his assignment to the 1st Battalion, 7th cavalry, his unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 54, dated 1974.

15.  A review of his service record shows he accepted nonjudicial punishment (NJP) under the provisions of Article 15 of the Uniform Code of Military Justice on 13 April 1971 for failing to go at the time prescribed to his appointed place of duty.  However, item 38 (Record of Assignments) of his DA Form 20 shows he received "excellent" conduct and efficiency ratings during most of his entire military service with the exception of an "good" conduct and efficiency rating during an unknown period.

16.  Army Regulation 672-5-1 (Military Awards), 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.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows he sustained a fragment wound to his neck and buttocks in Vietnam and he was initially treated on 15 June 1971 at the 24th Evacuation Hospital and later treated at the U.S. Army Troop Clinic, Long Binh.  Although the cause of his injury is unknown, any doubt should be ruled in his favor.  This should entitle him to award of the Purple Heart and correction of his records to show it. 

2.  The evidence of record shows the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in two campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of two bronze service stars to be affixed to the Vietnam Service Medal.

3.  Special orders awarded him the Marksman Marksmanship Qualification Badge with Machinegun Bar (M-60) which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this badge.

4.  General orders awarded the applicant’s unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not shown on his records; therefore, he is entitled to correction of his records to show this unit award.

5.  The evidence of record confirms he served honorably during the period 2 March 1971 through 19 January 1973.  He served in Vietnam, was awarded the Bronze Star Medal, received mostly "excellent" conduct and efficiency ratings throughout his military service (except during one unknown period), attained the rank/grade of SP4/E-4, and was wounded in combat.  Except for a minor instance of NJP, his record is void of any other derogatory information on file that would have disqualified him, it would be appropriate to award him the first award of the Good Conduct Medal based on completion of a qualifying period of Federal military service.  Therefore, he is entitled to correction of his records to show this award.




BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____x____  ____x____  ____x____  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 Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 2 March 1971 through 19 January 1973;

	b.  awarding him the Purple Heart for wounds received in action on 15 June 1971 in Vietnam; and

	c.  adding to his DD Form 214 the Purple Heart, Good Conduct Medal (1st Award), Republic of Vietnam Gallantry Cross with Palm Unit Citation, Marksman Marksmanship Qualification Badge with Machinegun Bar (M-60), and two bronze service stars to be affixed to his already-awarded Vietnam Service Medal.



      _______ _   __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)                                         AR20090020056



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ABCMR Record of Proceedings (cont)                                         AR20090020056



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