IN THE CASE OF:	  

		BOARD DATE:	  31 August 2010

		DOCKET NUMBER:  AR20100007691


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 (PH) with Oak Leaf Cluster (OLC) and that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show this award.

2.  The applicant states he was wounded twice in Vietnam.

3.  The applicant provides:

* DD Form 214
* DD Form 47 (Record of Induction)
* Various assignment orders
* DA Form 20 (Enlisted Qualification Record)
* General Orders Number 7600, Headquarters, 101st Airborne Division, Vietnam, dated 14 October 1968, awarding the Army Commendation Medal with "V" Device
* Discharge Orders
* Honorable Discharge Certificate
* Letter of support







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 (AUS) for 2 years on 5 October 1966.  He was trained in and awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He also completed the Basic Airborne Course and was awarded the Parachutist Badge and his MOS became 11B4P. 

3.  The applicant served in Vietnam with Company A, 2nd Battalion (Airborne), 502nd Infantry Regiment, 101st Airborne Division.

4.  Although there are no orders awarding him the PH, the applicant's records contain:

   a.  A Western Union Telegram to his mother, dated 19 May 1968, stating he had received fragmentation wounds to his right leg, right buttocks, and face on 12 May 1968; and 

   b.  A Western Union Telegram to his mother, dated 6 June 1968, stating he had received fragmentation wounds to both legs, left hand, and right shoulder on 3 June 1968 and had been medically evacuated from Vietnam.

5.  Additionally, the applicant's name is listed twice on the Vietnam Casualty Roster.

6.  The applicant's DA Form 20, in Item 40 (Wounds), reflects that he was wounded on 12 May 1968 and on 3 June 1968.  Item 38 (Record of Assignments) shows he entered a patient status on 11 June 1968, first in Japan, then at Fort Polk, LA.

7.  The applicant's DD Form 214 credits him with award of the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal with Device (1960), Combat Infantryman Badge, Parachutist Badge, Expert Marksmanship Qualification Badge with Rifle Bar (M-16) and Machine Gun Bar (M-60), and Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).

8.  The applicant is entitled to additional awards.

   a.  His DA Form 20 shows he received uniformly "excellent" conduct and efficiency ratings throughout his active service and his records do not contain any evidence of convictions by courts-martial.
   
   b.  Orders in his records provide he was awarded the Army Commendation Medal with "V" Device:  For heroism in the Republic of Vietnam on 6 April 1968.  Specialist Four [Applicant] distinguished himself while on a combat operation, in the vicinity of Phu Bai, Republic of Vietnam.  Specialist [Applicant's] unit was engaged by an estimated company size North Vietnamese Army unit firing from well concealed and fortified positions.  The rear and lead elements received most of the enemy automatic weapons fire.  Specialist [Applicant], the platoon radio telephone operator, accompanied the platoon leader back to the rear element which was heavily engaged at the time.  Once in the contact area, Specialist [Applicant] observed many wounded men not able to be treated because of intensity of the enemy fire.  With complete disregard for his own personal safety, Specialist [Applicant] began moving from man to man, in the heat of contact, to administer first aid.  When the seriously wounded were taken care of, Specialist [Applicant] assisted in moving them to positions of safety for further aid.  During this whole engagement, Specialist [Applicant] kept radio contact and relayed all messages to his platoon leader.  Specialist [Applicant's] personal bravery and devotion to duty were in keeping with the highest traditions of the military service and reflect great credit upon himself, his unit, and the United States Army.

	c.  He served in Vietnam from on or about 30 September 1967 to on or about 11 June 1968 when he was transferred to Japan for medical treatment.  During that time, there were three named campaigns of the Vietnam War:

* Vietnam Counteroffensive, Phase III (1 June 1967 – 29 January 1968)
* Tet Counteroffensive (30 January 1968 – 1 April 1968)
* Vietnam Counteroffensive, Phase IV (2 April 1968 – 30 June 1968)
   
   d.  All units assigned to US Army, Vietnam (USARV) were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Order Number 8, dated 1974.

9.  Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.  It provides:

	a.  the PH is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that:  (1) the wound was the result of hostile action; (2) the wound required medical treatment; and (3) the medical treatment was made a matter of official record.  During the Vietnam War, USARV Regulation 672-1 (Decorations and Awards) provided for award of the PH.  It stated Soldiers who were treated and returned to their units within 24 hours of being wounded would be awarded the PH by their unit of assignment.  For wounded Soldiers requiring hospitalization in excess of 24 hours or medical evacuation from Vietnam, the authority to award the PH was delegated to hospital commanders.

	b.  The Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  Army Regulation 672-5-1, in effect during Vietnam, provided that the Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 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.  Service and efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 were not disqualifying.

	c.  A bronze service star, based on qualifying service for each campaign listed in Appendix B of this regulation, is awarded for wear on the appropriate service medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant wants the PH with OLC added to his DD Form 214.





2.  The applicant's records contain two different Western Union Telegrams sent to his mother informing her he had been wounded on two different occasions.  His DA Form 20 shows he was wounded twice and also that he was medically evacuated after the second incident.  His name is also on the Vietnam Casualty Roster as being wounded twice.  This is sufficient proof to award him the PH with OLC and add the awards to his DD Form 214.

3.  General Orders Number 7600 awarded the applicant the Army Commendation Medal with "V" Device and this medal should be added to his
DD Form 214.

4.  The applicant had no conduct and efficiency rating of less than "excellent" during his service.  His records should be corrected to show the Good Conduct Medal as an award for his service from 5 October 1966 to 29 August 1968.

5.  The applicant was awarded the Vietnam Service Medal.  He served in Vietnam during three campaigns and should have three bronze service stars affixed to his already-awarded Vietnam Service Medal.

6.  During his tenure with 2nd Battalion, 502nd Infantry, the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  This foreign unit award should be added 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.  Awarding him the PH for wounds received on 12 May 1968; the PH with one Oak Leaf Cluster for wounds received on 3 June 1968; and the Good Conduct Medal for the period 5 October 1966 to 29 August 1968; and 

   b.  Adding the PH with OLC, Army Commendation Medal with "V" Device, the Good Conduct Medal, three bronze service stars to be worn on his already-awarded Vietnam Service Medal, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation to 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)                                         AR20100007691



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ABCMR Record of Proceedings (cont)                                         AR20100007691



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