IN THE CASE OF:	  

		BOARD DATE:	  28 October 2010

		DOCKET NUMBER:  AR20100012753 


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 and all medals he earned as a result of his service in Vietnam.

2.  The applicant states he was wounded in Vietnam and was medically evacuated out of country.  His complete records were not sent to his next duty station.

3.  The applicant indicated he is submitting a copy of the Department of Veterans Affairs rating decision with his application; however, nothing was attached to or enclosed with his application.

COUNSEL'S REQUEST, STATEMENT, AND EVIDENCE:

Counsel requests, in effect, correction of the applicant's DD Form 214 to show award of the Purple Heart and all medals he earned as a result of his service in Vietnam.  Counsel did not make a statement or submit any additional documents.

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 records show he was inducted into the Army of the United States on 12 February 1968 and held military occupational specialty 64B (Light Vehicle Driver).  He served in the Republic of Vietnam with the 1018th Combat Support Company (Supply and Service), U.S. Army Support Command - Vietnam, from on or about 26 October 1968 to on or about 9 March 1969.

3.  Item 38 (Record of Service) of his DA Form 20 (Enlisted Qualification Record) shows he was assigned in a patient status to the 249th General Hospital, Vietnam, on 5 February 1969 and to the U.S. Military Hospital, Fort Gordon, GA, on 9 March 1969.

4.  He was honorably released from active duty on 11 February 1970 in the rank/grade of specialist four (SP4)/E-4 and transferred to the U.S. Army Reserve Control Group to complete his remaining Reserve obligation.

5.  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, Vietnam Campaign Medal, Bronze Star Medal, and Marksmanship Qualification Badge with Rifle Bar.

6.  Headquarters, U.S. Army Support Command - Vietnam awarded him the Bronze Star Medal with "V" Device for heroism in connection with military operations against a hostile force in Vietnam.  General Orders Number 59, dated 24 January 1969, cited the following action:

[Applicant] distinguished himself by exceptionally valorous action on 16 January 1969.  While returning from Sa Huyn and driving towards Duc Pho, his vehicle convoy came under sniper attack.  The attack occurred in an area commonly known as "Ambush Pass," a stretch of roadway bordered by trees and rocks which enabled the enemy to attain a strategic position for attack.  Without hesitation, [Applicant] drove his vehicle through the "kill zone," despite the fact that he was wounded twice in the abdomen.  By his swift and extremely courageous action, he not only saved his own vehicle, but kept the roadway open to prevent possible loss of other vehicles and lives in the convoy.

7.  The applicant's name is shown on the Vietnam casualty roster with code "23" which indicates "hostile wounded in action – hospitalized."  The date of this injury/wound is listed as 16 January 1969.

8.  Army Regulation 600-8-22 (Military Awards) provides, that the Purple Heart is awarded for a wound sustained while in action against an enemy or 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.

9.  A review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

10.  A review of the applicant's service record shows no derogatory information that would disqualify him for the first award of the Army Good Conduct Medal.  Furthermore, item 38 of his DA Form 20 shows he received "excellent" conduct and efficiency ratings during his military service.

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

12.  Department of the Army General Orders 8, dated 1974, awarded the applicant's unit of assignment in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

13.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows participation credit was awarded for the Vietnam Counteroffensive Phase V (1 July 1968 to 1 November 1968) and Vietnam Counteroffensive Phase VI (2 November 1968 to 22 February 1969) campaigns during the applicant's tour of duty in the Republic of Vietnam.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to correction of his DD Form 214 to show award of the Purple Heart and all awards he earned as a result of his service in Vietnam.
2.  The evidence of record shows the applicant was wounded twice in his abdomen on 16 January 1969 in Vietnam as evidenced by his award of the Bronze Star Medal with "V" Device and the listing of his name on the Vietnam casualty roster.  Therefore, he is entitled to award of the Purple Heart and correction of his records to show it.

3.  General orders awarded him the Bronze Star Medal with "V" Device.  This award is listed on his DD Form 214 but without the "V" device.  There is no indication he was awarded a second award of the Bronze Star Medal.  Therefore, he is entitled to correction of his DD Form 214 to show the Bronze Star Medal with "V" Device.

4.  General orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not shown on his records; therefore, he is entitled to correction of his records to show this unit award.

5.  The evidence of record shows the applicant was awarded the Vietnam Service Medal.  Additionally, he participated in two campaigns while serving in the Republic of Vietnam; therefore, he is entitled to two bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

6.  The evidence of record confirms the applicant served honorably during the period 12 February 1968 through 11 February 1970.  He attained the rank of SP4/E-4, served in Vietnam, received multiple combat awards, and received "excellent" conduct and efficiency ratings throughout his military service.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant the first award of the Army Good Conduct Medal based on completion of qualifying service ending with the termination of a period of Federal military service and correct his records to show this award.

BOARD VOTE:

____X____  ____X____  ____X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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:

* awarding the applicant the Purple Heart for wounds received in action in Vietnam on 16 January 1969
* awarding the applicant the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 12 February 1968 through 11 February 1970
* adding to his DD Form 214 the Purple Heart, Army Good Conduct Medal (1st Award), Republic of Vietnam Gallantry Cross with Palm Unit Citation, a "V" Device to his already-awarded Bronze Star Medal, and two bronze service stars to his already-awarded Vietnam Service Medal



      ____________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)                                         AR20100012753



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100012753



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1