IN THE CASE OF:	

		BOARD DATE:	  15 June 2010

		DOCKET NUMBER:  AR20090021292 


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) to show award the Purple Heart.

2.  The applicant states, in effect, he was wounded in action, but was not awarded the Purple Heart.

3.  The applicant provides a copy of a Standard Form 600 (Chronological Record of Medical Care).

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 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 entered active duty on 26 August 1969.  He completed basic combat and advanced individual training and was awarded military occupational specialty 64C (Heavy Vehicle Driver).  The highest rank he attained while serving on active duty was specialist five/pay grade E-5.  On 19 August 1971, he was released from active duty with an honorable characterization of service and transferred to the U.S. Army Reserve Control Group (Annual Training).

3.  Item 31 (Foreign Service) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam from 30 August 1970 to 18 August 1971.

4.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows that during his tour of duty in the Republic of Vietnam, he served in the 597th Transportation Company.  Item 38 also shows he received "excellent" conduct and efficiency ratings for each of his duty assignments during his tenure of service.  Additionally, there is no evidence that he had any court-martial convictions or was disqualified by his chain of command from receiving the first award of the Army Good Conduct Medal.

5.  Item 40 (Wounds) of the applicant's DA Form 20 is blank.

6.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows he was awarded or authorized to wear the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device 1960, an Overseas Service Bar, and the Marksman Marksmanship Qualification Badge with Rifle Bar [M-14].  

7.  The applicant's record contains (and he also provides) a Standard Form 600, dated 17 April 1971, which shows he was driving in a 5-ton truck when it was struck by a rocket propelled grenade.  As a result, he sustained multiple fragment wounds to his shoulder, wrist, and neck.  These wounds were treated by a medical officer and made a matter of official record.

8.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded or authorized to wear the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device 1960, one Overseas Service Bar, and the Marksman Marksmanship Qualification Badge with Rifle Bar [M-14].



9.  A review of the Vietnam casualty roster shows the applicant sustained a wound as the result of hostile action on 17 April 1971.

10.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal orders showing the applicant was awarded the Purple Heart.

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

12.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a direct 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 by military medical personnel, and the medical treatment must have been made a matter of official record.

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the unit the applicant was assigned to while serving in the Republic of Vietnam was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his tenure by Department of the Army General Orders Number 8, dated 1974.

14.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Service Medal.  This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  Appendix B of this regulation shows the campaigns for Vietnam.  During the applicant's tour of duty in the Republic of Vietnam he participated in two campaigns:  Vietnam Counteroffensive Phase VII and Consolidation I.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

15.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the Overseas Service Bar.  It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message.
There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars.  For Vietnam service, one overseas service bar was authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the overseas service bar.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his record should be corrected to show award of the Purple Heart was carefully considered and determined to have merit.

2.  The evidence clearly shows the applicant sustained wounds as a direct result of hostile action on 17 April 1971.  Substantiating evidence verifies the wounds required treatment by military medical personnel and the medical treatment was made a matter of official record.  Therefore, the applicant is entitled to award of the Purple Heart and correction of his DD Form 214 to show the Purple Heart.

3.  Evidence shows the applicant completed a period of honorable service, he received all "excellent" conduct and efficiency ratings, and he had no court-martial convictions.  Additionally, there is no evidence that he was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Therefore, he is entitled to award of the Good Conduct Medal (first award) for the period 26 August 1969 through 19 August 1971 and to correction of his records to show this award.

4.  General orders show the applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for actions during his tenure of assignment.  Therefore, he is entitled to have his records corrected to show this unit award.

5.  Records show the applicant participated in two campaigns while serving in the Republic of Vietnam.  The applicant's record also shows he was previously awarded the Vietnam Service Medal.  Therefore, he is entitled to two bronze service stars to be affixed to his previously-awarded Vietnam Service Medal and correction of his records to show this addition.

6.  The applicant's DD Form 214 shows authorization for one Overseas Service Bar.  Evidence shows he served overseas in the Republic of Vietnam for a period of 11 months and 19 days.  Army Regulation 670-1 provides that one Overseas Service Bar is authorized for each period of 6 months of active Federal service in the Republic of Vietnam from 1 July 1958 to 28 March 1973.  Therefore, the applicant is authorized two Overseas Service Bars and entitled to correction of his DD Form 214 to show this addition.

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 him the Purple Heart for wounds received on 29 July 1967,

	b.  awarding him the Army Good Conduct Medal (first award) for the period 26 August 1969 through 19 August 1971, and

	c.  deleting the entry "1 O/S Bar" from item 24 of his DD Form 214:

	d.  adding the following awards to item 24 of his DD Form 214:

		(1)  the Purple Heart,

		(2)  the Army Good Conduct Medal (first award),

		(3)  the Republic of Vietnam Gallantry Cross with Palm Unit Citation,

		(4)  two Overseas Service Bars, and


		(5)  two bronze service stars to be affixed to his previously-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)                                         AR20090021292





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ABCMR Record of Proceedings (cont)                                         AR20090021292



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