IN THE CASE OF:	  

		BOARD DATE:	  26 August 2010

		DOCKET NUMBER:  AR20100008439 


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 (Report of Transfer or Discharge) to show award of the Purple Heart.

2.  The applicant states:

* He was awarded the Purple Heart medal but it is not listed on his 
DD Form 214
* While serving in Vietnam he fell out of a helicopter and was injured
* He was engaged in combat at the time of his injury
* He received the Bronze Star Medal for the same incident
* Since he had the medal he assumed it was on his discharge document

3.  The applicant provides:

* DD Form 214
* Photographs of a Purple Heart medal
* Orders for the Bronze Star Medal with "V" Device

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 enlisted in the Regular Army on 24 January 1964 for a period of 
3 years.  He arrived in Vietnam on 21 December 1965.  He served as a heavy weapons infantryman assigned to Company A, 2nd Battalion, 7th Cavalry of the 1st Cavalry Division in Vietnam from 6 January 1966 until he was injured on 
4 February 1966 and transferred to the 7th Field Hospital in Japan on 9 February 1966 for further medical treatment.  On 10 January 1967, the applicant was released from active duty in the rank of specialist four after completing 2 years, 11 months, and 17 days of creditable active service with no time lost.

3.  The applicant's DD Form 214 shows the National Defense Service Medal, Parachutist Badge, Vietnam Service Medal, Bronze Star Medal with "V" Device, and "Basic Qual [qualification] Badge (Rifle)" as authorized awards.  Item 
27 (Wounds Received as a Result of Action with Enemy Forces) on his DD Form 214 shows the entry "CRACKED BONES IN RIGHT KNEE - FELL OUT OF HELICOPTER 4 FEB 66 VIETNAM."

4.  Item 40 (Wounds) on the applicant's DA Form 20 (Enlisted Qualification Record) shows he was wounded on 4 February 1966 when he fell out of a helicopter and cracked bones in his right knee. 

5.  There are no orders for the Purple Heart in the available records.  

6.  The applicant’s name does not appear on the Vietnam Casualty Roster.  

7.  Records show the applicant participated in two campaigns during his assignment in Vietnam. 

8.  There is no evidence the applicant received the first award of the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.  His records show he received conduct and efficiency ratings of "excellent" throughout his service.

9.  Department of the Army General Orders Number 8, 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units 
during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 
28 March 1973.

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

11.  Army Regulation 672-5-1 (Awards), in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that 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 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.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service.

12.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star based on qualifying service for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal, including the Vietnam Service Medal.  

DISCUSSION AND CONCLUSIONS:

1.  The entries in item 40 on the applicant's DA Form 20 and item 27 on his 
DD Form 214 which show he was wounded on 4 February 1966 in Vietnam are accepted as sufficient evidence on which to amend item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214 to show award of the Purple Heart.  
  
2.  The applicant was released from active duty in the rank of specialist four with almost 3 years of creditable active service with no time lost.  His records also show he received "excellent" conduct and efficiency ratings through his service with no disciplinary action or a commander's disqualification.  It appears the applicant met the eligibility criteria for the first award of the Good Conduct Medal for the period 24 January 1966 through 10 January 1967 based on completion of 
a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, his DD Form 214 should be corrected to show this award.

3.  The applicant participated in two campaigns during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with two bronze service stars.  Therefore, his DD Form 214 should be corrected accordingly.

4.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam.  The FSM served in Vietnam during a qualifying period and is eligible for this award.  Therefore, it would be appropriate to add this foreign unit award to his DD Form 214.

BOARD VOTE:

___X___  ____X___  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  Notwithstanding the staff DISCUSSION AND CONCLUSIONS above, the Board determined that the applicant did not meet the eligibility criteria for award of the Purple Heart in that there was insufficient evidence to show his injuries were the result of enemy action.

2.  However, the Board determined that the evidence presented was sufficient to warrant partial relief in that the other corrections recommended by the staff should be approved.  The Board therefore recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  awarding him the first award of the Good Conduct Medal for the period 
24 January 1966 through 10 January 1967; and

	b.  adding the Good Conduct Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and two bronze service stars for wear on his already-awarded Vietnam Service Medal in item 26 on his DD Form 214.

3.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends 


denial of so much of the application that pertains to adding the Purple Heart to his DD Form 214.



      _______ _ XXX___   ___
               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)                                         AR20100008439





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ABCMR Record of Proceedings (cont)                                         AR20100008439



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