IN THE CASE OF:	  

		BOARD DATE:	  21 October 2010

		DOCKET NUMBER:  AR20100012162 


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 and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show this award.

2.  The applicant states he was wounded by a Vietnamese booby trap and medically evacuated while serving in Vietnam.  He adds that he receives disability from the Department of Veterans Affairs (VA) as a result of his wounds.

3.  The applicant provides the following:

* A copy of a VA Form 21-4138 (Statement in Support of Claim), dated 
   25 March 2010
* A copy of two personal photographs from Vietnam
* 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 was inducted into the Army of the United States on 26 February 1970.  He was trained in and awarded military occupational specialty (MOS) 62E (Crawl Tractor Operator).

3.  The applicant was honorably released from active duty on 23 November 1971 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.  He completed 1 year,
8 months, and 28 days of active service.  The highest rank/grade he held during his service with specialist five (SP5)/E-5.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* one Overseas Service Bar

5.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows he arrived in Vietnam and he was assigned to the 59th Engineer Company from
28 December 1970 through 29 September 1971.  On 30 September 1971, he was medically evacuated as a patient to the Medical Holding Detachment, U.S. Army Hospital, Camp Zama, Japan.

6.  Item 40 (Wounds) of the applicant's DA Form 20 is blank and item 41 (Awards and Decorations) does not include the Purple Heart in the awards listed.  His record is void of orders or other documents showing he was awarded the Purple Heart by proper authority.

7.  Army Regulation 600-8-22 states 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 medical personnel, and the medical treatment must have been made a matter of official record.


8.  The applicant's name appears on the Vietnam casualty roster.  It shows he was wounded on 25 September 1971 under casualty code 26 (hostile wounded in action, not serious, hospitalized, non-notify).

9.  A review of the applicant's records indicates entitlement to an additional award that is not shown on his DD Form 214.

10.  The applicant's records contain a copy of General Orders Number 1410, published by Headquarters, U.S. Army Engineer Command, Vietnam, dated
6 October 1971 that awarded him the Bronze Star Medal for meritorious achievement during the period 29 January 1971 to 20 March 1971.

11.  The applicant's record is void of documentation showing he was recommended for or awarded the Army Good Conduct Medal.  Item 38 of his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his military career with the exception of two "unknown" ratings.  His record is also void of any derogatory information that could serve to disqualify him for this award.

12.  Army Regulation 672-5-1 (Awards and Decorations), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualifying 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.

13.  Army Regulation 600-8-22 (Military Awards), 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 following two campaigns:

* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)
* Consolidation I (1 July - 30 November 1971)

14.  Department of the Army Pamphlet 672-3 was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  This pamphlet shows that during the applicant's assignment to the 59th Engineer Company his unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 3 May 1970 to 30 April 1971 by Department of the Army General Orders Number 6, dated 1974.

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

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for award of the Purple Heart and correction of his DD Form 214 to show this award was carefully considered and found to have merit. 

2.  An extract of the Vietnam casualty roster shows the applicant was wounded as a result of hostile action on 25 September 1971.  An entry on his DA Form 20 indicates he was medically evacuated on 30 September 1971 as a patient to the Medical Holding Detachment at the U.S. Army Hospital, Camp Zama.  Therefore, there is sufficient evidence that shows he met the requirements for award of the Purple Heart and correction of his DD Form 214 to show this award.

3.  The evidence of record confirms the applicant served honorably during the period 26 February 1970 through 23 November 1971.  He received "excellent" conduct and efficiency ratings throughout his military service.  Based on his overall record of service, it would be appropriate to award him the first award of the Army Good Conduct Medal and to correct his DD Form 214 to show this award.
 
4.  General orders awarded the applicant the Bronze Star Medal which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his
DD Form 214 to show this award.

5.  General orders awarded the applicant's unit the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and Republic of Vietnam Gallantry Cross with Palm Unit Citation which are not shown on his records.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

6.  The applicant was awarded the Vietnam Service Medal.  His records show he participated in two campaigns while serving in Vietnam.  Therefore, he is entitled to award of two bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.


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 Purple Heart for wounds received as a result of hostile action on 25 September 1971;

   b.  awarding him the Army Good Conduct Medal (First Award) for the period 26 February 1970 through 23 November 1971;

c.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal; and 

d.  adding to item 24 of his DD Form 214 the:

* Bronze Star Medal
* Purple Heart
* Army Good Conduct Medal (First Award)
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class 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)                                         AR20100012162



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ABCMR Record of Proceedings (cont)                                         AR20100012162



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