IN THE CASE OF:	  

		BOARD DATE:	  22 July 2010

		DOCKET NUMBER:  AR20100007579 


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 in the line of duty on 30 January 1968.

3.  The applicant provides, in support of his application, copies of a DD Form 1380 (U.S. Field Medical Card); the citation for his Bronze Star Medal with "V" Device for heroism on 30 January 1968; and his DD Form 214 (Report of Transfer or Discharge).

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 was inducted into the Army of the United States on
9 September 1966, he completed training in military occupational specialty (MOS) 05B as a radio operator, and he was stationed briefly at Fort Hood Texas.

3.  His DA Form 20 (Enlisted Qualification Record) shows:
   
   a.  He served in Vietnam from 27 July 1967 to 23 July 1968.  He was assigned to Military Assistance Command, Vietnam (MACV).  His principal duties were those of a radio operator with Advisory Team 35, II Corps; and
   
   b.  His conduct and efficiency ratings were exclusively "excellent."

4.  MACV Orders:

* Number 94, dated 3 April 1968, awarded him the Combat Infantryman Badge
* Number 1458, dated 29 May 1968, awarded him the Bronze Star Medal with "V" Device for heroic actions when the headquarters compound was overrun by two companies of Viet Cong on 30 January 1968
* Number 1903, dated 27 June 1968, awarded him the Army Commendation Medal

5.  The applicant returned to the United States and was separated with an honorable characterization of service on 24 July 1968.  His DD Form 214 lists his awards as the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, Bronze Star Medal with "V" Device, and the Marksman Marksmanship Qualification Badge with Rifle Bar.

6.  The Field Medical Card that the applicant submitted shows on 30 January 1968, at 1300 hours, he was treated by a Medical Corps captain for secondary fragment wounds and lacerations sustained to his left knee and a superficial bullet wound to his lower back when the enemy overran the compound.

7.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), 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 awarding the applicant the Purple Heart.  

8.  His name is not listed on the Vietnam Casualty Roster.



9.  Army Regulation 600-8-22 (Military Awards) states:

   a.  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 by medical personnel, and the medical treatment must have been made a matter of official record; and

	b.  Appendix B of the regulation shows the campaigns for Vietnam.  During the applicant’s tour in Vietnam he participated in five campaigns.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  It also provides that a silver service star is authorized in lieu of five bronze service stars.

10.  Army Regulation 672-5-1 (Military 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.  

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he was wounded in the line of duty on 30 January 1968.

2.  The Field Medical Card shows the applicant was treated for wounds sustained as the result of enemy action on 30 January 1968.  He should be awarded the Purple Heart. 

3.  The applicant's conduct and efficiency ratings were exclusively "excellent" and there is no discreditable information in his record.  He should be awarded the Army Good Conduct Medal.



4.  He was awarded an Army Commendation Medal and a Combat Infantryman Badge that are not listed on his DD Form 214. 

5.  Records show the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in five campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award a silver service star for wear on the Vietnam Service Medal.

6.  He is authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

7.  The above awards should be added to his DD Form 214.

8.  In view of the foregoing findings and conclusions, it would be appropriate to rectify this injustice by correcting the applicant’s records as recommended below.

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 sustained in action against the enemy on 30 January 1968, and also awarding him the Army Good Conduct Medal for the period 9 September 1966 through 24 July 1968; and

b.  adding the Purple Heart, Army Good Conduct Medal, Army Commendation Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Combat 


Infantryman Badge, and a silver service star for wear on the Vietnam Service Medal to the awards already listed on his DD Form 214.




      _______ _   __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)                                         AR20100007579



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ABCMR Record of Proceedings (cont)                                         AR20100007579



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