BOARD DATE:	  3 June 2010

		DOCKET NUMBER:  AR20090021103 


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 was wounded on or about 16 July 1970 while serving in Company B, 1st Battalion, 503rd Infantry, 173rd Airborne Brigade in the Republic of Vietnam.

3.  The applicant provides copies of:

* Six pages from the internet listing Vietnam casualties
* A printout from the U.S. Army Casualty Information System that does not show a name or service/social security number

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 military personnel records show he was inducted into the Army of the United States on 19 November 1968.  He completed basic combat training and advanced individual training and was awarded the military occupational specialty of 11B (Light Weapons Infantryman).

3.  Headquarters, U.S. Army Training Center, Infantry and Fort Polk, Fort Polk, LA, Special Orders Number 056, dated 6 March 1969, awarded the applicant the Second Class Gunner Badge (now known as the Marksman Marksmanship Qualification Badge) with Machine Gun Bar.

4.  The applicant was promoted to sergeant/pay grade E-5 on 29 July 1969.

5.  The applicant served in the Republic of Vietnam from 22 December 1969 to October 1970 and he was assigned to B Company, 1st Battalion (Airborne), 503rd Infantry.

6.  The applicant's records contain a copy of a casualty message released by the Commanding General, U.S. Army Vietnam, Long Binh (CG USARV LBN), dated
18 July 1970.  This message reported the applicant was wounded (not serious) by fragment wounds to his forehead and neck (no eye or brain damage) on a combat operation when a hostile booby trap detonated on 16 July 1970.

7.  The applicant's records contain a copy of a Western Union telegram, dated 
18 July 1970, that was sent to his wife and parents.  The telegram reported he had been slightly wounded in action in Vietnam on 16 July 1970 by fragments while on a combat operation when a booby trap detonated.  The telegram reported he received wounds to his forehead and neck with no eye or brain damage and he was treated and hospitalized in the Republic of Vietnam.

8.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) contains an entry indicating he received fragment wounds to his forehead and neck (no eye damage).  The entry is dated 16 July 1970.  

9.  On 28 October 1970, the applicant was honorably released from active duty.  He had completed 1 year, 11 months, and 10 days of active service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was awarded the National Defense Service Medal, the Parachutist Badge, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, the Air Medal, the Combat Infantryman Badge, the Bronze Star Medal with 1st oak leaf cluster, one overseas service bar, the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), and the Expert Marksmanship Qualification Badge with Rifle Bar   (M-16).

10.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Records do not show indiscipline or lost time.  His records do not contain any adverse information and he received conduct and efficiency ratings of “excellent” throughout his service.

11.  Based on the applicant's dates of service in Vietnam, Table B-1 of Army Regulation 600-8-22 (Military Awards) shows he served in the:

* Vietnam Winter - Spring 1970 Campaign (1 November 1969 - 30 April 1970)
* DA Sanctuary Counteroffensive Campaign (1 May 1970 - 30 June 1970)
* Vietnam Counteroffensive Phase VII Campaign (1 July 1970 - 30 June 1971)

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems awarded during the Vietnam Conflict.  This pamphlet shows that, during the time of the applicant’s assignment to the 1st Battalion (Airborne), 503rd Infantry the unit received the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation - 5 May 
1965 - 26 September 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation - 15 April 1969 - 16 March 1971

13.  Army Regulation 600-200 (Enlisted Personnel Management System), Chapter 9 of the version in effect at the time, stated that a brief description of wounds or injuries (including injury from gas) requiring medical treatment that were received through hostile or enemy action, including those requiring hospitalization would be entered in item 40 (wounds) of the DA Form 20.  This regulation further stated that the date the wound or injury occurred would also be placed in item 40.

14.  Army Regulation 672-5-1 (Military Awards), then in effect, stated the Purple Heart was awarded to any member of an Armed Force or any civilian national of the United States who, while serving under competent authority in any capacity with one of the U.S. Armed Services was wounded or died as a result of 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, required treatment by a medical officer, and the medical treatment was made a matter of official record.

15.  Army Regulation 672-5-1, in effect at the time, stated the Army Good Conduct Medal was awarded to individuals who had completed a qualified period of active duty enlisted service.  This period was each 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.  Ratings of "unknown" for portions of the period under consideration were not disqualifying.  

16.  Army Regulation 600-8-22 (Military Awards) authorizes award of a bronze service star based on qualifying service for each campaign listed in Appendix B of this regulation.  The regulation states that authorized bronze service stars will be worn on the appropriate campaign and service medal, which in this case is the Vietnam Service Medal.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he should be awarded the Purple Heart.

2.  The applicant's DA Form 20, the casualty message from the CG USARV LBN, and the Western Union telegram that was written to his wife and parents are sufficient to show that he was wounded in action on 16 July 1970 due to fragment wounds to his forehead and neck with no eye damage.  The DA Form 20 is a record of the applicant's history in the Army and an entry for wounds received would not be made on this document without orders or a casualty report.  The DA Form 20 is a source document for completion of the DD Form 214.  Therefore, the preponderance of evidence in this case is sufficient to award the applicant the Purple Heart for wounds received on 16 July 1970 in the Republic of Vietnam.

3.  The applicant's records do not show any indiscipline or lost time.  His conduct and efficiency ratings were "excellent" throughout his period of military service, and he was promoted to sergeant in less than 1 year.  Therefore, in the absence of evidence to the contrary, there is sufficient evidence to show he is entitled to the first award of the Army Good Conduct Medal based on completion of period of qualifying Federal military service from 19 November 1968 to 28 October 1970.


4.  Orders show the applicant was awarded the Marksman Marksmanship Qualification Badge with Machine Gun Bar.  

5.  Based on the applicant's service with the 1st Battalion (Airborne), 503rd Infantry he is authorized the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

6.  The applicant's military personnel records show he participated in three campaigns during his service in Vietnam.  Therefore, he is entitled to three bronze service stars to be worn on his Vietnam Service Medal.

BOARD VOTE:

____x___  ___x_____  __x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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 awarding the applicant the:

* Purple Heart for wounds received on 16 July 1970 in the Republic of Vietnam
* Army Good Conduct Medal for the period 19 November 1968 to 
28 October 1970

2.  The Board also recommends item 24 of the applicant's DD Form 214 with an effective date of 28 October 1970 be amended to add the:

* Purple Heart
* Army Good Conduct Medal
* Vietnam Service Medal with three bronze service stars
* Marksman Marksmanship Qualification Badge with Machine Gun Bar
* 
Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation




      _______ _   __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)                                         AR20090021103



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ABCMR Record of Proceedings (cont)                                         AR20090021103



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