IN THE CASE OF:	  

		BOARD DATE:	  20 October 2010

		DOCKET NUMBER:  AR20100010498 


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 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart.

2.  The applicant states he was awarded the Purple Heart while at the Army hospital in Saigon but it was not put on his DD Form 214.

3.  The applicant provides, in support of his application, copies of his DD Form 214, Department of Veterans Affairs (VA) Rating Decision, clinical records, VA Award Letter, and a record of his military assignments.

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.  Evidence of record and background information:

	a.  On 29 April 1968, the applicant was inducted into the Army of the United States for 2 years.  He completed his initial training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

	b.  On 28 September 1968, the applicant was assigned as a rifleman with B Company, 2nd Battalion, 3rd Infantry Regiment, 199th Infantry Brigade, located in the Republic of Vietnam.

	c.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted 
Qualification Record) shows that on 20 November 1968 he sustained multiple fragment wounds to his body.  On 25 November 1968, he was transported to the Medical Holding Detachment, United States Army Hospital, in Okinawa.

	d.  On 4 January 1969, he was transported as a patient to another hospital in Denver, Colorado.
	
	e.  On 2 September 1969, the applicant was assigned for duty with the 1st Battalion, 10th Infantry Regiment, located at Fort Carson, Colorado.

	f.  On 28 April 1970, the applicant was released from active duty and transferred to the United States Army Reserve Control Group (Annual Training).  He had attained the rank of specialist four, pay grade E-4, and had completed 
2 years of creditable active duty service.

	g.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as the National Defense Service Medal, Vietnam Service Medal with two bronze service stars, Combat Infantryman Badge, and the Republic of Vietnam Campaign Medal with 1960 Device.

	h.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows that his conduct and efficiency ratings were "excellent."  The applicant’s records do not contain any evidence of disciplinary action.  There is no evidence to show that the commander took any action to deny him the Army Good Conduct Medal.

	i.  The Vietnam Casualty Roster lists the applicant as wounded in action on 20 November 1968.
		


3.  Available award orders:

	a.  Special Orders Number 169, Fort Ord, California, dated 20 August 1968, awarded the Marksman Marksmanship Qualification Badge with Rifle 
(M-16) Bar.

	b.  Special Orders Number 171, Fort Ord, California, dated 22 August 1968,  awarded the Marksman [2nd Class Gunner] Marksmanship Qualification Badge with Machinegun (M-60) Bar.

4.  A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS) failed to reveal any orders awarding the applicant the Purple Heart.  ADCARS is 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.

5.  References and relevant information:

	a.  Army Regulation 600-8-22 (Military Awards) provides for award of the Purple Heart to a member of the Armed Force or any civilian national of the United States who, while serving in any capacity with one of the U.S. Armed Services after 5 April 1917, has been wounded or killed, or who has died or may die after being wounded in any action against an enemy of the U.S.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

	b.  Army Regulation 600-200 (Enlisted Personnel Management System), as in effect at the time, provided instructions for the completion of the DA Form 20.   Paragraph 9-53 specified entry in Item 40 of a brief description of wounds or injuries (including injury from gas) received through hostile or enemy action requiring medical treatment and/or hospitalization.  The date wounded or injured was also to be entered.

	c.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that the 2nd Battalion, 3rd Infantry Regiment, during the time of the applicant's assignment, was cited in Department 


of the Army General Orders (DAGO) Number 31, dated in 1971, for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

	d.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to enlisted Soldiers who had completed a qualified period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends 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 are not disqualifying.  

	e.  Department of the Army General Orders 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service in Vietnam to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Purple Heart.

2.  There are no general orders that show the applicant was awarded the Purple Heart.  However, his name is listed on the Vietnam Casualty Roster and Item 40 of his DA Form 20 contains a corresponding entry showing he was wounded as a result of enemy action on 20 November 1968.  Therefore, his DD Form 214 should be corrected to show award of the Purple Heart.

3.  The applicant’s records clearly show that he distinguished himself in the performance of his military service as evidenced by his attaining the rank of specialist four and achieving "excellent" conduct and efficiency ratings.  Therefore, it is presumed that his not receiving an Army Good Conduct Medal for his service was an oversight.  Accordingly, he should be awarded this medal.

4.  The applicant's unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, his records should be corrected to show these foreign unit awards.



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 Army Good Conduct Medal for the period 29 April 1968 to 28 April 1970; and

	b.  showing that, in addition to the awards already shown on his DD Form 214, his authorized awards include the Purple Heart, Army Good Conduct Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Marksman Marksmanship Qualification Badge with Rifle and Machinegun Bars.



      __________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)                                         AR20100010498





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ABCMR Record of Proceedings (cont)                                         AR20100010498



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