BOARD DATE:	  16 November 2010

		DOCKET NUMBER:  AR20100013891


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.

2.  The applicant states that he was awarded the Purple Heart in connection with military operations against a hostile force in Vietnam.  

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

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 record shows he was inducted into the Army of the United States on 3 August 1967.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).    

3.  Records show the applicant served in the Republic of Vietnam (RVN) from     6 January 1968 to 5 January 1969.  During this time he was assigned to Company A, 2nd Battalion, 27th Infantry Regiment, 25th Infantry Division.  

4.  The applicant's DD Form 214 shows he was honorably released from active duty on 1 August 1969 and transferred to the USAR Control Group (Reinforcement).  He completed 2 years of total active service.   

5.  The applicant's DD Form 214, Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized), shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, the Bronze Star Medal, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and two overseas service bars.

6.  A 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 U.S. Army Human Resources Command, failed to reveal any orders for the Purple Heart.

7.  The applicant's records contain a Western Union telegram to his mother, dated 19 September 1968, stating that he had received fragmentation wounds to both arms, his left leg, and back in Vietnam on 17 September 1968.  A casualty message shows he was wounded while en route to an ambush site.

8.  The Vietnam casualty roster shows the applicant sustained wounds resulting from hostile fire on 17 September 1968 and was hospitalized for treatment of his wounds.  

9.  The applicant's DA Form 20 (Enlisted Qualification Record), item 40 (Wounds), shows he received fragmentation wounds to both arms, his left leg, and back in Vietnam on 17 September 1968.  

10.  General Orders Number 2873, issued by Headquarters, 25th Infantry Division, dated 9 April 1968, awarded the applicant the Bronze Star Medal (first award) with "V" Device for heroism on 9 February 1968, in connection with ground operations against a hostile enemy force in the Republic of Vietnam. 

11.  General Orders Number 8578, issued by Headquarters, 25th Infantry Division, dated 3 December 1968, awarded the applicant the Bronze Star Medal (First Oak Leaf Cluster) for meritorious service from January 1968 to January 1969, in connection with military operations against a hostile enemy force in the Republic of Vietnam.

12.  The applicant's DA Form 20, item 38 (Record of Assignments), shows he consistently received "excellent" conduct and efficiency ratings.

13.  The applicant's service record does not contain information showing convictions by courts-martial or receipt of nonjudicial punishment under Article 15, Uniform Code of Military Justice (UCMJ).

14.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained 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, and the medical treatment must have been made a matter of official record.  

15.  Army Regulation 600-8-22 states there are basically three requirements for award of the Combat Infantryman Badge (CIB).  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.  

16.  Army Regulation 672-5-2 (Awards), in effect at the time, states the 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.  Ratings of "Unknown" for portions of the period under consideration were not disqualifying.  

17.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This document shows the unit to which the applicant was assigned was cited for:

	a.  Valorous Unit Award, for the period 15 and 16 June 1968 by Department of the Army General Order Number 36, dated 1970.  

	b.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period January 1966 to August 1968 by Department of the Army General Order Number 48, dated 1971.  

	c.  The Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for the period 1 January 1966 to 21 January 1970 by Department of the Army General Order Number 51, dated 1971.  

18.  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.  A silver service star is authorized in lieu of five bronze service stars.  Appendix B shows that during his service in Vietnam, the applicant participated in the following five campaigns:

* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968) 
* Tet Counteroffensive (30  January 1968 - 1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April 1968 - 30 June 1968)
* Vietnam Counteroffensive Phase V (1 July 1968 - 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his records should be corrected to award the Purple Heart was carefully considered and determined to have merit.  The Western Union telegram and Vietnam casualty roster show the applicant sustained a wound as the result of hostile fire on 17 September 1968 and was hospitalized for treatment of his wound.  Therefore, the applicant is entitled to award of the Purple Heart and to have it added to his DD Form 214.

2.  Orders show the applicant was awarded two separate awards of the Bronze Star Medal, one with "V" device, during his service in Vietnam.  Therefore, the applicant is entitled to correction of his DD Form 214 to show both awards.

3.  The CIB is awarded to infantry officers and to enlisted and warrant officer personnel who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.  General Order Number 2873, dated 9 April 1968, and the casualty message clearly establish the applicant's participation in active ground combat, while assigned to a qualifying unit of brigade, regimental, or smaller size and while serving in a qualifying MOS in the Republic of Vietnam.  Therefore, the applicant is entitled to award of the Combat Infantryman Badge and to have it added to his DD Form 214.


4.  The applicant's record shows he served honorably, received no court-martial actions, and consistently received "excellent" conduct and efficiency ratings.  Therefore, the applicant is entitled to award of the Good Conduct Medal for the period 3 August 1967 to 1 August 1969, and to have it added to his DD Form 214.

5.  Department of the Army Pamphlet 672-3 states that the applicant's unit of assignment earned the Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, the applicant is entitled to have these awards added to his DD Form 214.

6.  Records show the applicant participated in five campaigns during his service in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show one silver service star for wear on his already-awarded Vietnam Service Medal.

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:

	a.  awarding him the Purple Heart for wounds incurred in action in Vietnam on 17 September 1968, the Combat Infantryman Badge, and the Good Conduct Medal (1st Award) for the period 3 August 1967 through 1 August 1969; and

	b.  amending his DD Form 214 by adding the Purple Heart, Combat Infantryman Badge, Good Conduct Medal (1st Award), Bronze Star Medal (First Oak Leaf Cluster) and with "V" device, the Valorous Unit Award, the Republic of 

Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and one silver service star to be affixed to his already-awarded Vietnam Service Medal.




      _______ _   _xx______   ___
               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)                                         AR20100015543



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ABCMR Record of Proceedings (cont)                                         AR20100013891



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