BOARD DATE:	  10 November 2010

		DOCKET NUMBER:  AR20100013071 


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 records to show awards of the Bronze Star Medal and the Purple Heart.

2.  The applicant states he wounded during battle and was in the 106th General Hospital in Japan for 30 days.  He received the Bronze Star Medal and the Purple Heart while he was in the hospital.  He returned to Vietnam, was reassigned Stateside as a military policeman (MP) stockade guard at Fort Dix, then reassigned to Fort Clayton, Panama Canal Zone.  He then returned to Vietnam as an MP.  He states all of his paperwork never caught up with him.

3.  The applicant provides no additional evidence in support of his application.

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 military personnel records show he enlisted in the Regular Army on 5 August 1965 for a period of 3 years.  He completed basic combat and advanced individual training and was awarded military occupational specialty 11H (Infantry Direct Fire Crewman).

3.  The applicant was assigned in the Republic of Vietnam from 20 August 1966 to 2 August 1967.  He was assigned to:

* Company D, 5th Battalion, 7th Cavalry, from 20 August 1966 to 1 March 1967
* 106th General Hospital as a patient from 2 March 1967 to 4 April 1967
* Company D, 5th Battalion, 7th Cavalry, from 5 April 1967 to 24 April 1967
* 545th MP Company from 25 April 1967 to 2 August 1967

4.  On 15 April 1967, applicant was discharged to immediately reenlist.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows, in part, that he was awarded the Combat Infantryman Badge.

5.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) does not contain any entries indicating the applicant received any wounds.

6.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 does not show the award of the Purple Heart.

7.  The applicant is listed on the Vietnam casualty listing.  The listing reports the applicant's casualty status as hostile, wounded in action, not serious, hospitalized.  The listing reports the date of casualty as 16 February 1967.

8.  There are no orders in the applicant's military personnel records jacket (MPRJ) awarding him the Purple Heart.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders awarding Purple Heart to the applicant.

9.  On 16 April 1967, the applicant reenlisted for a period of 3 years.

10.  1st Cavalry Division (Airmobile) General Orders Number 3511, dated 26 June 1967, awarded the applicant the Air Medal for meritorious achievement while participating in aerial flight during the period 30 September 1966 to 28 January 1967.

11.  Headquarters, 4th Battalion (Mechanized), 20th Infantry, Fort Clayton, Panama Canal Zone, issued:

	a.  Special Orders Number 72, dated 19 April 1968 awarding the applicant the Marksman Marksmanship Qualification Badge with Pistol Bar;

	b.  Special Orders Number 158, dated 14 August 1968, awarding the applicant the First Class Gunner [now known as the Sharpshooter Marksmanship Qualification Badge] with Mortar Bar; and

	c.  Special Orders Number 231, dated 19 November 1968, awarding the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

12.  The applicant was assigned to Headquarters and Headquarters Company, 1st Infantry Brigade, in the Republic of Vietnam during the period 9 June 1969 to 8 April 1970.

13.  Headquarters, 1st Infantry Brigade, 4th Infantry Division (Mechanized), issued:

	a.  General Orders Number 226, dated 28 February 1970, awarding the applicant the Army Commendation Medal for meritorious achievement from 8 June 1969 to 7 November 1969; and

	b.  General Orders Number 875, dated 13 June 1970, awarding him the Bronze Star Medal for meritorious service in connection with military operations against a hostile force from July 1969 to July 1970.

14.  On 11 April 1970, the applicant was released from active duty.  He completed 2 years, 11 months, and 26 days of active service that was characterized as honorable.  Item 24 of his DD Form 214 with an effective date of 11 April 1970 does not show he was awarded the Bronze Star Medal, the Purple Heart, the Combat Infantryman Badge, or any unit awards.  Item 24 does show he is authorized the Vietnam Service Medal.

15.  Based on the applicant's dates of service in Vietnam, Table B-1 of Army Regulation 600-8-22 (Military Awards) shows he served in the:

* Vietnam Counteroffensive Phase II Campaign (1 July 1966-31 May 1967)
* Vietnam Counteroffensive Phase III Campaign (1 June 1967-29 January 1968)
* Vietnam Summer-Fall 1969 Campaign (9 June 1969-31 October 1969)
* Vietnam Winter-Spring 1970 Campaign (1 November 1969-30 April 1970)

16.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, and unit citation emblems awarded during the Vietnam Conflict.  This pamphlet shows:

	a.  during the time of the applicant's assignment to the 5th Battalion, 7th Cavalry, the unit received the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 9 August 1965 to 19 May 1969 and

	b.  during the time of his assignment to the 245th MP Company the unit received the Meritorious Unit Commendation (Army) for the period 12 February 1967 to 1 January 1968.

17.  Army Regulation 672-5-1 (Military Awards), then in effect, provided that the Purple Heart was awarded to any member of an Armed Force or any civilian national of the United States who, while serving under competent authority in any capacity with one of the U.S. Armed Services, had been wounded, killed, or who died as a result of 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 a medical officer, and the medical treatment must have been made a matter of official record.

18.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards), then in effect, provided for award of the Purple Heart.  This regulation stated that the authority to award the Purple Heart was delegated to hospital commanders.  Further, it directed that all personnel treated and released within 24 hours would be awarded the Purple Heart by the organization to which the individual was assigned.  Personnel requiring hospitalization in excess of 24 hours or evacuation from Vietnam would be awarded the Purple Heart directly by the hospital commander rendering treatment.

19.  Army Regulation 600-8-22 (Military Awards) authorizes award of a bronze service star based on qualifying service for each campaign listed in appendix B.  This regulation states that authorized bronze service stars will be worn on the appropriate campaign and service medal, which in this case is the Vietnam Service Medal.

20.  Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214.  In pertinent part, it stated that all decorations, service medals, campaign credits, and badges awarded or authorized will be entered in item 24.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he was awarded the Bronze Star Medal and the Purple Heart and these awards should be added to his DD Form 214.

2.  The Vietnam casualty listing reports the applicant as having been not seriously wounded by hostile action on 16 February 1967.  The listing also indicates he was hospitalized.  His military records show that during his tour in the Republic of Vietnam he was hospitalized in the 106th General Hospital as a patient from 2 March 1967 to 4 April 1967.

3.  Orders for the award of the Purple Heart should have been issued by the 106th General Hospital.  Because he was assigned to a different unit upon his release from the hospital, it appears orders for the award of the Purple Heart were never issued.  Therefore, there is sufficient evidence in this case to award the applicant the Purple Heart for wounds received on 16 February 1967 in the Republic of Vietnam.

4.  Army Regulation 635-5 states that all awards are entered in item 24 of the DD Form 214.  The applicant's DD Form 214 with an effective date of 15 April 1967 shows he was awarded the Combat Infantryman Badge.  Therefore, his award of the Combat Infantryman Badge should be included on his DD Form 214 with an effective date 11 April 1970.

5.  Orders in the applicant's MPRJ show he was awarded the Bronze Star Medal, the Air Medal, the Army Commendation Medal, the Sharpshooter Marksmanship Qualification Badge with Rifle and Mortar Bars, and the Marksman Marksmanship Qualification Badge with Pistol Bar.  Therefore, these awards should be included on his DD Form 214 with an effective date of 11 April 1970.

6.  Based on the applicant's service with the 5th Battalion, 7th Cavalry, he is authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation.


7.  Based on the applicant's service with the 245th MP Company he is authorized the Meritorious Unit Commendation (Army).

8.  The applicant's military personnel records show he participated in four campaigns during his service in Vietnam.  Therefore, he is entitled to four bronze service stars to be worn on his Vietnam Service Medal.

BOARD VOTE:

____x__  ___x_____  ___x_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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 on 16 February 1967 in the Republic of Vietnam.

2.  The Board also recommends that all Department of the Army records of the individual concerned be corrected by amending item 24 of the applicant's DD Form 214 with an effective date of 11 April 1970 to add the:

* Bronze Star Medal
* Purple Heart
* Air Medal
* Army Commendation Medal 
* Meritorious Unit Commendation (Army) 
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Combat Infantryman Badge
* 
Sharpshooter Marksmanship Qualification Badge with Rifle and Mortar Bars
* Marksman Marksmanship Qualification Badge with Pistol Bar



      ___________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)                                         AR20100013071



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ABCMR Record of Proceedings (cont)                                         AR20100013071



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