IN THE CASE OF:	  

		BOARD DATE:	  2 December 2010

		DOCKET NUMBER:  AR20100014785 


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 the award.

2.  The applicant states the Purple Heart should be shown on his DD Form 214.

3.  The applicant provides his DD Form 214 and a National Personnel Records Center issuance of awards form. 

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 shows he was inducted into the Army of the United States on 16 September 1969.  He was trained in and awarded military occupational specialty 11B (Light Weapons Infantryman).  His records further show he served in Vietnam from 21 March 1970 to 20 February 1971 while assigned to Company D, 1st Battalion, 506th Infantry, 101st Airborne Division.  

3.  His records contain a Western Union Telefax, dated 22 July 1970, wherein his parents were notified that he was slightly wounded in action in Vietnam on 21 July 1970 "by a fragment while at a night defensive position when the area came under attack by a hostile force."  He received a wound to his right arm, was treated, and returned to duty.

4.  His name is listed on the Vietnam casualty roster as "battle wounded."

5.  Item 40 (Wounds) of his DA Form 20 shows the entry "fragment wound to the right arm, 21 July 1970."  It also states "orders requested 20 April 1971."  However, his records do not contain orders for award of the Purple Heart.

6.  His records also contain General Orders Number 2683, issued by Headquarters, 101st Airborne Division, dated 31 March 1971, that awarded him the Bronze Star Medal for meritorious service in Vietnam from April 1970 to February 1971.

7.  He was honorably released from active duty in the rank/grade of specialist four/E-4 on 2 September 1971 and he was transferred to the U.S. Army Reserve Control Group to complete his remaining Reserve obligation.  He completed 1 year, 11 months, and 17 days of creditable active service with no lost time.

8.  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 with two bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), Air Medal, Combat Infantryman Badge (1st Award), two overseas service bars, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar [M-16].

9.  Item 38 (Record of Assignments) of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his service.  His record is void of any record of disciplinary actions or a commander's disqualification for award of the Army Good Conduct Medal (1st Award).

10.  Army Regulation 600-8-22 (Military Awards), paragraph 2-8, contains guidance on the Purple Heart and states that in order to support award of the Purple Heart there must be evidence that the wound for which the award is being made was received as a result of enemy action, that it required treatment by medical personnel, and a record of this treatment must have been made a matter of official record.

11.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states that awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 will be entered on the DD Form 214.  Each entry will be verified by the Soldier’s records.

12.  A review of the applicant's records indicates his entitlement to additional awards which are not shown on his DD Form 214.

13.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the Army Good Conduct Medal is awarded to individuals who have completed a qualified period of active duty enlisted service.  This period is
3 years except in those cases when the period for the first award ends 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.

14.  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.  Appendix B shows that during his service in Vietnam, the applicant participated in the following three campaigns:

* Vietnam Winter-Spring 1970 (1 November 1969 - 30 April 1970)
* DA Sanctuary Counteroffensive (1 May 1970 - 30 June 1970)
* Vietnam Counteroffensive, Phase VII (1 July 1970 - 30 June 1971)

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that at the time of his assignment to Company D, 1st Battalion, 506th Infantry, his unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 3 October 1968 - 2 May 1970 by Department of the Army General Orders (DAGO) Number 48, dated 1971.

16.  Department of the Army Pamphlet 672-3, paragraph 6d states that DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 - 28 March 1973.
DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he is entitled to award of the Purple Heart and correction of his DD Form 214 to show the award.

2.  The evidence of record shows he was wounded in the right arm in Vietnam while at a night defensive position when the area came under attack by a hostile force on 21 July 1970.  Therefore, he is entitled to award of the Purple Heart and correction of his DD Form 214 to show this award.

3.  General orders awarded him the Bronze Star Medal which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

4.  The evidence of record shows he received "excellent" conduct and efficiency ratings throughout his service with no record of any disciplinary actions or a commander's disqualification for award of the Army Good Conduct Medal.  Therefore, he is entitled to the Army Good Conduct Medal (1st Award) and correction of his DD Form 214 to show this award.

5.  His records confirm he participated in three campaigns while serving in Vietnam.  His DD Form 214 shows the Vietnam Service Medal with two bronze service stars.  Therefore, he is entitled to award of one additional bronze service star for wear on his Vietnam Service Medal and correction of his DD Form 214 accordingly.

6.  General orders awarded his unit the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to the unit.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

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: 

   a.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal with two bronze service stars;

   b.  awarding him the Army Good Conduct Medal (1st Award) for the period
16 September 1969 through 2 September 1971;

   c.  awarding him the Purple Heart for wounds received in action in Vietnam on 21 July 1970; and

   d.  adding to item 24 of his DD Form 214 the Army Good Conduct Medal (1st Award), Vietnam Service Medal with three bronze service stars, Purple Heart, Bronze Star Medal, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.



      _______ _  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)                                         AR20100014785





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ABCMR Record of Proceedings (cont)                                         AR20100014785



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