IN THE CASE OF:	  

		BOARD DATE:	  17 August 2010

		DOCKET NUMBER:  AR20100008298 


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 the Purple Heart is not on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

3.  The applicant provides a copy of his DD Form 214 in support of this application.

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 3 April 1968.  He completed his initial entry training and was awarded military occupational specialty 11D (Armor Reconnaissance Specialist).  On 18 November 1968, his specialty changed to 17K (Radar Operator).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he was promoted to specialist four/E-4 on 24 January 1969.  It also shows he served in the Republic of Vietnam (RVN) from 4 September 1968 to 1 September 1969.

4.  Item 38 (Record of Assignments) of his DA Form 20 shows that during his RVN tour he was assigned to the 11th Armored Cavalry Regiment and to the Medical Hold Company, 7th Field Hospital, as a patient.  It also shows he received "excellent" conduct and efficiency ratings at all of his active duty assignments.  Item 40 (Wounds) shows he sustained a shrapnel wound to his right knee on 11 August 1969.

5.  The applicant's name is listed on the RVN casualty roster as having been wounded in action as a result of hostile action; however, there are no orders in the applicant's records awarding him the Purple Heart.

6.  The applicant's official military personnel file is void of any derogatory information that would have precluded award of the Army Good Conduct Medal and contains the following orders:

	a.  Headquarters, U.S. Army Training Center, Fort Lewis, Washington, Special Orders Number 141, dated 21 May 1968, which awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) and

	b.  Headquarters, U.S. Army Training Center, Fort Knox, Kentucky, Special Orders Number 221, dated 8 August 1968, which awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).

7.  On 19 November 1969, he was honorably released from active duty in the rank of specialist four after completing 1 year, 7 months, and 17 days of creditable active military service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he earned the following awards:

* National Defense Service Medal
* Vietnam Campaign Medal
* Combat Infantryman Badge
* Vietnam Service Medal
* Army Commendation Medal

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

9.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army 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.

10.  Appendix B of Army Regulation 600-8-22 shows the campaigns for the RVN. 
During the applicant's tour in the RVN, he participated in four campaigns:  Vietnam Counteroffensive Phase V (1 July 1968-1 November 1968), Vietnam Counteroffensive Phase VI (2 November 1968-22 February 1969), Tet 69 Counteroffensive (23 February 1969-8 June 1969), and Vietnam Summer-Fall 1969 (9 June 1969-31 October 1969).  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the RVN.  This pamphlet shows the unit to which the applicant was assigned (11th Armored Cavalry Regiment) was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 May 1969-15 February 1970 by Department of the Army General Orders Number 50, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Purple Heart.

2.  Item 40 of his DA Form 20 shows he sustained a shrapnel wound to his right knee on 11 August 1969.  His name is also listed on the RVN casualty roster as having been wounded in action.  Therefore, there is sufficient evidence on which to base awarding him the Purple Heart at this time and to add this award to his DD Form 214.

3.  The applicant's record further confirms he received "excellent" conduct and efficiency ratings at all of his active duty assignments.  It is void of any derogatory information or unit commander disqualification that would have precluded award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the Army Good Conduct Medal for his qualifying period of honorable active duty service from 3 April 1968 through 19 November 1969 and to add this award to his DD Form 214.

4.  Special orders awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).  Therefore, he is entitled to have these badges added to his DD Form 214.

5.  The record also shows that based on his service in the RVN and campaign participation, he is eligible for the RVN Gallantry Cross with Palm Unit Citation and four bronze service stars to be worn with his already-awarded Vietnam Service Medal.  Therefore, it would also be appropriate to add these awards 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 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 as a result of hostile action on 11 August 1969;

	b.  awarding him the Army Good Conduct Medal for his qualifying period of honorable active duty service from 3 April 1968 through 19 November 1969; and

	c.  amending his DD Form 214 by adding the Purple Heart, Army Good Conduct Medal, Expert Marksmanship Qualification Badge with Rifle Bar (M-14), Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), Republic of Vietnam Gallantry Cross with Palm Unit Citation, and four 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)                                         AR20100008298



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)