BOARD DATE:	  26 October 2010

		DOCKET NUMBER:  AR20100012405 


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 the award of the Purple Heart or a commendation medal for bravery.

2.  The applicant states during his tour in the Republic of Vietnam he sustained a fragmentation wound to his left palm and was medically evacuated.  He has suffered a medical set back due to his service to his country.  It is a matter of pride and he should have received this award.

3.  The applicant provides a copy of his DD Form 214 and medical records.

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 22 January 1970.  He completed training and he was awarded military occupational specialty 64C (Light Vehicle Driver).  He served in Vietnam from 20 June 1970 to 30 April 1971 and he was assigned to the 515th Transportation Company.

3.  He was honorably released from active duty in pay grade E-3 on 
24 September 1971 and was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.   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)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Grenade Bar
* two Overseas Service Bars

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

5.  Item 40 (Wounds) of his DA Form 20 is blank.

6.  There are no orders in his military personnel records awarding him the Purple Heart.

7.  His medical records were not available for review with this case.  His name does not appear on the Vietnam casualty listing.

8.  The applicant provides several medical documents which indicate he sustained a fragmentation wound to his left palm on or about 19 April 1971 and he was transferred to the 85th Evacuation Hospital for treatment.  A Standard Form 600 (Health Record - Chronological Record of Medical Care), dated
19 April 1971, states "Patient sustained wound in hostile fire."

9.  Army Regulation 600-8-22 (Military Awards) specifies 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.

10.  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.

11.  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 following three campaigns:

* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)
* Sanctuary Counteroffensive (1 May - 30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)

12.  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 unit to which the applicant was assigned was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 March - 9 October 1971 by Department of the Army General Order Number 6, dated 1974.

13.  Title 10 of the U.S. Code, section 1130 (10 USC 1130) provides the legal authority for consideration of proposals for decorations not previously submitted in timely fashion.  It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation.  Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.


14.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to the Secretary of the Army at the following agency:  Commander, U.S. Army Human Resources Command, ATTN: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122.  The applicant's unit must be clearly identified, along with the period of assignment and the award being recommended.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests for consideration of awards should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Corroborating evidence is best provided by commanders, leaders and fellow Soldiers who had personal knowledge of the circumstances and events relative to the request.  The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rest with the requestor.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Purple Heart or a commendation medal for bravery.

2.  Army Regulation 600-8-22 specifies in order to support award of the Purple Heart, there must be evidence confirming the wound/injury for which the award is being made was received as a direct result of or was caused by enemy action, the wound/injury required treatment by medical personnel, and a record of this treatment must have been made a matter of official record.

3.  Medical records provided by the applicant shows he sustained a fragmentation wound to his left palm as a result of hostile fire and he was transferred to the 85th Evacuation Hospital for treatment.  Even though there is no other evidence of record to corroborate that his injury was the result of hostile action, the documents provided by the applicant are sufficiently convincing to show that he was wounded as a direct result of hostile action.

4.  In view of the foregoing, his request for award of the Purple Heart should be granted.

5.  It appears that the applicant desires to receive a commendation for bravery in the event that his request for award of the Purple Heart is denied.  However, if this was not the applicant's contention, and he still desires such an award, the Board's action in no way affects his right to pursue a claim for such an award by submitting his request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130.

6.  Records show the applicant received "excellent" conduct and efficiency rating throughout his service.  There is no record of any disciplinary actions or a commander's disqualification for award of the Army Good Conduct Medal.  Therefore, he is entitled to award of the Army Good Conduct Medal for the period 22 January 1970 through 24 September 1971 and correction of his DD Form 214 to show this award.

7.  Records show the applicant served in Vietnam and participated in three designated campaign phases.  Therefore, he is entitled to three bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show the bronze service stars.

8.  The applicant's unit in Vietnam was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x_  ____x____  ___x_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented was sufficient to warrant a recommendation for partial 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 on 19 April 1971;

   c.  awarding him the Army Good Conduct Medal (first award) for the period
22 January 1970 through 24 September 1971; and


	d.  adding to item 24 of his DD Form 214 the Purple Heart, Army Good Conduct Medal (first award), Vietnam Service Medal with three bronze service stars, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

2.  The Board further determined 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 awarding a commendation medal for bravery.



      _________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)                                         AR20100012405



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ABCMR Record of Proceedings (cont)                                         AR20100012405



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