IN THE CASE OF:	  

		BOARD DATE:	  26 October 2010

		DOCKET NUMBER:  AR20100012879 


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 sustained a gunshot wound to his left heel in Vietnam on 19 December 1969.  He was medically evacuated to the 11th Brigade Medical Hospital in Duc Pho and remained in a patient status from 19 December 1969 through 1 January 1970.  

3.  The applicant provides the following documents:

* Clinical Record - Narrative Summary
* Clinical Record - Doctor's Progress Notes

COUNSEL'S REQUEST, STATEMENT, AND EVIDENCE:

Counsel requests the applicant be awarded the Purple Heart and his DD Form 214 corrected to show it.  He provides a copy of the applicant's DD Form 214. 

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 enlisted in the Regular Army for a period of 2 years on 11 June 1969 and held military occupational specialty 91B (Medical Specialist).  He served in the Republic of Vietnam from 13 November 1969 to 12 November 1970.  He was assigned to the 4th Battalion, 21st Infantry.  

3.  He was honorably released from active duty on 10 June 1971 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.

4.  Item 24 (Decoration, 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, Combat Medical Badge, Army Commendation Medal, and Expert Marksmanship Qualification Badge with Rifle Bar.

5.  His name is shown on the Vietnam casualty roster under code "24" which indicates "hostile wounded in action – hospitalized."  The date of this injury/wound is listed as 19 December 1969.

6.  He submitted a clinical record, dated 19 December 1969, which shows he suffered a gunshot wound to his left foot on 19 December 1969 and he was hospitalized with cleaning, bandaging, and sutures. 

7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, 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.

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


9.  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 (Record of Service) of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings during his period of military service.

10.  Army Regulation 672-5-1, 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.  

11.  Department of the Army General Orders 42, dated 1972, awarded the applicant's unit of assignment the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 31 March to 30 June 1970.

12.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the Vietnam Winter-Spring 1970 (1 November 1969 to 30 April 1970), DA Sanctuary Counteroffensive (1 May to 30 June 1970), and Vietnam Counteroffensive, Phase VII (1 July 1970 to 30 June 1971) campaigns during his 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 he should be awarded the Purple Heart and his 
DD Form 214 should be corrected to show the award. 

2.  The evidence of record shows the applicant was wounded in action on 
19 December 1969 while in Vietnam as evidenced by his clinical record and the listing of his name on the Vietnam casualty roster.  Therefore, he is entitled to award of the Purple Heat and correction of his DD Form 214 to show this award. 

3.  General orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this unit award.

4.  The evidence of record shows he was awarded the Vietnam Service Medal.  Additionally, he participated in three campaigns while serving in the Republic of Vietnam; therefore, he is entitled to three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.
5.  The evidence of record confirms he served honorably during the period 11 June 1969 through 10 June 1971.  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.  In the absence of 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 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:

* Awarding the applicant the Purple Heart for wounds received in action on 19 December 1969
* Awarding the applicant the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 11 June 1969 through 10 June 1971
* Adding to his DD Form 214 the Purple Heart, Good Conduct Medal (1st Award), Republic of Vietnam Gallantry Cross with Palm Unit Citation, and three bronze service stars to be worn on 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)                                         AR20100012879



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ABCMR Record of Proceedings (cont)                                         AR20100012879



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