IN THE CASE OF:	  

		BOARD DATE:	  30 November 2010

		DOCKET NUMBER:  AR20100013752 


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 for a wound he received on 
9 February 1969 in the Republic of Vietnam.

2.  The applicant states he was wounded on 9 February 1969 while serving with Company B, 1st Battalion, 14th Infantry in contact with North Vietnamese Army NVA) forces in the Republic of Vietnam.

3.  The applicant provides a copy of a DD Form 1380 (U.S. Field Medical Card).

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 was inducted into the Army of the United States on 11 October 1967.  He completed basic combat training and advanced individual training and was awarded the military occupational specialty of 11B (Light Weapons Infantryman).

3.  Headquarters, U.S. Army School/Training Center and Fort McClellan, Fort McClellan, AL issued:

	a.  Special Orders Number 28, dated 1 February 1968, awarding the applicant the Marksman Marksmanship Qualification Badge with Rifle Bar; and

	b.  Special Orders Number 42, dated 16 February 1968, awarding the applicant the 1st Class Gunner Badge (now known as the Sharpshooter Marksmanship Qualification Badge) with Machinegun Bar.

4.  The applicant was assigned to Company B, 1st Battalion, 14th Infantry in the Republic of Vietnam from 24 November 1968 to 22 August 1969.

5.  A DD Form 1380, dated 16 February 1969, indicates the applicant was treated by a captain in the Medical Corps at the tactical aid station for a superficial fragment wound to his right middle finger.  The form indicates he received the wound while in contact with the enemy (NVA).

6.  The applicant was promoted to staff sergeant/pay grade E-6 on 27 February 1969.

7.  Headquarters, 4th Infantry Division General Orders Number 5544, dated 
23 August 1969, awarded the applicant the Air Medal.

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

9.  On 26 August 1969, the applicant was released from active duty.  He had completed 1 year, 10 months, and 16 days of active service that was characterized as honorable.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show he was awarded the Purple Heart.  Item 24 does show he is authorized the Vietnam Service Medal and contains the entry 
"MKM M-16."

10.  There are no orders in the applicant's Military Personnel Records Jacket (MPRJ) awarding him the Purple Heart.  His name is not listed on the Vietnam Casualty Listing.

11.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders awarding the applicant the Purple Heart.

12.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Records do not show indiscipline or lost time.  His records do not contain any adverse information and he received conduct and efficiency ratings of “excellent” throughout his service.

13.  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 VI Campaign (2 November 1968 - 
22 February 1969)
* Tet 69 Counteroffensive, 1969 Campaign (23 February 1969 - 8 June 1969)
* Vietnam Summer - Fall 1969 Campaign (9 June 1969 - 31 October 1969)

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems awarded during the Vietnam Conflict.  This pamphlet shows that at the time of the applicant’s assignment to the 1st Battalion, 14th Infantry the unit received the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period from 1 August 1967 to 31 October 1969.

15.  Army Regulation 672-5-1 (Military Awards), then in effect, stated 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 had 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.


16.  Army Regulation 672-5-1, 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. 

17.  Army Regulation 672-5-1, then in effect, listed the only weapons for which component bars were authorized to be worn on the Marksmanship Qualification Badges.  The component bar for qualification with a rifle was inscribed Rifle.

18.  Army Regulation 600-8-22 authorizes award of a bronze service star based on qualifying service for each campaign listed in Appendix B of this regulation.  The 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.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he is entitled to the award of the Purple Heart for a wound he received on 9 February 1969 while in contact with NVA forces.

2.  There is sufficient substantive evidence in this case to award the applicant the Purple Heart for wounds received on 9 February 1969 in the Republic of Vietnam.  The DD Form 1380 contained in the applicant's MPRJ documents:

* the applicant having been wounded while in contact with NVA forces
* the applicant receiving treatment by a medical officer at an aid station
* the treatment being made a matter of official record

3.  Orders show the applicant was awarded the Air Medal.  Therefore, this award should be included on the applicant's DD Form 214.

4.  The applicant's records do not show indiscipline or lost time, he received conduct and efficiency ratings of "excellent" throughout his military service, and he was promoted to staff sergeant in less than 2 years.  Therefore, the preponderance of evidence shows the applicant is entitled to the first award of the Army Good Conduct Medal based on completion of qualifying service from 
11 October 1967 to 26 August 1969 ending with termination of a period of Federal military service.
5.  The applicant's military personnel records show he participated in three campaigns during his service in Vietnam.  Therefore, he is entitled to three bronze service stars to be worn on his Vietnam Service Medal.  

6.  During the period the applicant was assigned to the 1st Battalion, 14th Infantry the unit received the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, this award should be added to his DD Form 214.

7.  Orders in the applicant's MPRJ show he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar and the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar.  Therefore, these awards should be added to his DD Form 214.

BOARD VOTE:

____X____  ____X____  ____X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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 him the:

* Purple Heart for wounds received in action on 9 February 1967 in the Republic of Vietnam
* Army Good Conduct Medal for the period of service from 11 October 1967 to 26 August 1969

2.  The Board also recommends that all Department of the Army records of the individual concerned be corrected by amending  item 24 of his DD Form 214 to add the:

* Purple Heart
* Air Medal
* Army Good Conduct Medal
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Machinegun Bar
* Marksman Marksmanship Qualification Badge with Rifle 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)                                         AR20100013752





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ABCMR Record of Proceedings (cont)                                         AR20100013752



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