IN THE CASE OF:	  

		BOARD DATE:	  5 October 2010

		DOCKET NUMBER:  AR20100009363 


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, in effect, adding the Purple Heart to item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states he was wounded in Vietnam by shrapnel when a fellow Soldier tripped a booby trap.

3.  The applicant provides a copy of his DA Form 20 (Enlisted Qualification Record).

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’s military records show that he was inducted into the Army of the United States on 3 December 1968.  He was awarded military occupational specialty (MOS) 11F (infantry operations and intelligence specialist).  The highest rank/grade he held during his service was sergeant (SGT)/E-5.

3.  He served in Vietnam assigned Company E, 1st Battalion, 52nd infantry, 198th Infantry Brigade from 26 November 1969 to 14 February 1970.

4.  While in Vietnam, on 15 February 1970 the applicant's duty status was changed to patient and he was medically evacuated to Medical Holding Company, 106th General Hospital, Japan.  Subsequently, on 1 March 1970 he was evacuated to Medical Holding Company, Medical Department Activity (MEDDAC), Fort Gordon, GA.

5.  On 6 November 1970, the applicant was given a separation physical examination.  In that examination it was recorded "[metal fragment wound] to abdomen - perforation of bowel."

6.  On 2 December 1970, the applicant was honorably released from active duty (REFRAD) at the expiration of his term of service.  His DD Form 214 shows he was awarded the National Defense Service Medal, the Combat Infantryman Badge, the Vietnam Service Medal, and three marksmanship qualification badges.

7.  Item 40 (Wounds) of his DA Form 20 shows the entry "GSW [Gun Shot Wound] Chest   13 Feb 70."

8.  The Vietnam Casualty List includes the applicant's name as being wounded on 6 February 1970 under casualty code "23" which indicates he was "hostile wounded in action - not serious - hospitalized."

9.  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 United States Army Human Resources Command, failed to reveal any orders for the Purple Heart pertaining to the applicant.

10.  Item 38 (Record of Assignments) of his DA Form 20 shows he received "excellent" conduct and efficiency ratings through his service.  There is no record of any disciplinary actions or a commander's disqualification for the Army Good Conduct Medal.

11.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for wounds 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 medical personnel, and the medical treatment must have been made a matter of official record.

12.  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.

13.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, the applicant participated in the Vietnam Winter - Spring 1970
(1 November 1969 - 30 April 1970) campaign.

14.  Army Regulation 600-8-22 states the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Individuals who had qualified for award of the Vietnam Service Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the 1st Battalion, 52nd Infantry, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 24 August - 31 December 1969 by Department of the Army General Order Number 42, dated 1972.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's change in duty status to patient, his medical evacuation, and the entry made in his separation medical examination leave no doubt that the applicant suffered a wound to his stomach while in Vietnam.
2.  The Vietnam Casualty List also verifies that the applicant was wounded as a result of hostile action on 6 February 1970.

3.  As such, the preponderance of evidence shows that the applicant is entitled to the Purple Heart and it would be appropriate to now award him the Purple Heart and correct his DD Form 214 to show this award.

4.  The applicant served during a qualifying period of service and received "excellent" conduct and efficiency ratings throughout his service.  There is no record of any disciplinary actions or a commander's disqualification for the Army Good Conduct Medal.  Therefore, he is entitled to the Army Good Conduct Medal (First Award) and correction of his DD Form 214 to show this award.

5.  The applicant participated in one designated campaign phase during his service in Vietnam.  Therefore, he is entitled to one bronze service star for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show the bronze service star.

6.  The applicant served during a qualifying period for award of the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, he is entitled to correction of his DD Form 214 to show this foreign award.

7.  The applicant was assigned to a unit in Vietnam during the period it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be corrected to show this unit award. 

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.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal;
	b.  awarding him the Purple Heart for wounds received as a result of hostile action in Vietnam on 6 February 1970;

   c.  awarding him the Army Good Conduct Medal (1st Award) for the period     3 December 1968 through 2 December 1970; and
   
   d.  adding to item 24 of his DD Form 214 the Purple Heart, Army Good Conduct Medal (First Award), Vietnam Service Medal with one bronze service star, Republic of Vietnam Campaign Medal with Device (1960), and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.



      __________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)                                         AR20100009363



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)