IN THE CASE OF:	  

		BOARD DATE:	  3 February 2011

		DOCKET NUMBER:  AR20100016472 


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart.

2.  He states he received a chest wound while serving in Vietnam and was treated in several hospitals as a result of his wound.  He contends he was awarded the Purple Heart by General Orders (GO) Number 77, 93rd Evacuation Hospital, dated 18 March 1970.

3.  He provides copies of the following documentation:

* two DA Forms 8-275-3 (Clinical Record Cover Sheet)
* DA Form 8-275-2 (Clinical Record Cover Sheet) 
* Standard Form 502 (Clinical Record – Narrative Summary), dated 14 May 1970
* DD Form 214
* Neuropsychiatric Examination for Rating Purposes, dated 2 November 1987

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.  His records show he was inducted into the Army of the United States on 15 July 1968.  Upon completion of basic combat and advanced individual training, he was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  His DA Form 20 (Enlisted Qualification Record) shows:

* item 38 (Record of Assignments):

* Company A, 5th Battalion, 7th Cavalry Regiment, 1st Cavalry Division, from 1 August 1969 to 27 March 1970
* 106th General Hospital from 28 March 1970 to 2 April 1970
* Ireland Army Hospital, Fort Knox, KY, from 3 April 1970 to 15 May 1970

* item 40 (Wounds) – he received a fragment wound to his chest on 17 March 1970
* item 41 (Awards and Decorations) – he was awarded:

* National Defense Service Medal
* Vietnam Service Medal
* RVN Campaign Medal with Device (1960)
* Army Commendation Medal with "V" Device
* Combat Infantryman Badge
* Air Medal
* overseas service bar

4.  The Clinical Record Cover Sheets provided by the applicant all show he received a fragment wound to the right portion of his chest on 17 March 1970 as a result of hostile action.  He was treated for this wound and transferred to the next appropriate medical facility.

5.  He also provided a copy of a neuropsychiatric examination which states the Purple Heart would have been awarded for the wound he received; however, it was not awarded prior to the completion of his DD Form 214.
6.  His name appears on the Vietnam casualty roster as having been wounded as a result of hostile action on 17 March 1970.  This entry also shows he was hospitalized as a result of his wound.

7.  His DD Form 214 shows he was honorably released from active duty on 15 May 1970 and transferred to the U.S. Army Reserve Control Group.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows he was awarded the:

* National Defense Service Medal
* RVN Campaign Medal
* Army Commendation Medal
* Combat Infantryman Badge
* Air Medal
* Expert Marksmanship Qualification Badge with Rifle Bar

8.  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 orders awarding him the Purple Heart.

9.  A review of his records indicates entitlement to additional awards which are not shown on his DD Form 214.

10.  His record is void of documentation showing he was recommended for or awarded the Army Good Conduct Medal (AGCM).  Item 38 of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his military career and his record is void of any derogatory information that could serve to disqualify him for this award.

11.  Army Regulation 672-5-1 (Awards and Decorations), in effect at the time, provided that the AGCM was awarded to individuals who completed a qualifying 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.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows that during the period of his assignment with Company A, 5th Battalion, 7th Cavalry Regiment, 1st Cavalry Division, the battalion was awarded the RVN Gallantry Cross with Palm Unit Citation by Department of the Army GO Number 11 (1973) and the RVN Civil Actions Honor Medal First Class Unit Citation by Department of the Army GO Number 42 (1972).

13.  Department of the Army Pamphlet 672-3 also lists campaign periods for the Vietnam era.  Two designated campaigns coincide with his period of service in the RVN:

* Vietnam Summer-Fall 1969 (9 June 1969 to 31 October 1969)
* Vietnam Winter-Spring 1970 (1 November 1969 to 30 April 1970)

14.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided for award of the Purple Heart.  The regulation stated that authority to award the Purple Heart was delegated to hospital commanders.  Further, it directed that all personnel treated and released within 24 hours will 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.

15.  Army Regulation 600-8-22 (Military Awards) provides 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, and the medical treatment must have been made a matter of official record.  There is no statute of limitations governing requests for award of the Purple Heart.

16.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his DD Form 214 to show award of the Purple Heart.

2.  The evidence of record shows he was wounded on 17 March 1970 as a result of hostile action.  His wounds required treatment, he was hospitalized, and the medical treatment was made a matter of official record.

3.  USARV Regulation 672-1 stated the hospital commander would award the Purple Heart to personnel hospitalized for more than 24 hours.  It appears an administrative oversight occurred which resulted the award being omitted from his record upon separation.  Therefore, it would be appropriate to correct his DD Form 214 to show the Purple Heart.
4.  The evidence of record confirms he served honorably from 15 July 1968 through 15 May 1970.  He received "excellent" conduct and efficiency ratings throughout his military service.  Based on his overall record of service, it would be appropriate to award him the first award of the AGCM.

5.  DAGOs awarded his unit the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation.  Therefore, it would be appropriate to correct his records to show these unit awards.

6.  His records show he participated in two campaigns while serving in the RVN.  Therefore, he is entitled to two bronze service stars for wear on his previously-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 AGCM for the period 15 July 1968 through 15 May 1970 and

	b.  adding the following awards to his DD Form 214:

* Purple Heart
* AGCM
* RVN Gallantry Cross with Palm Unit Citation
* RVN Civil Actions Honor Medal First Class Unit Citation


* two bronze service stars to be affixed to his previously-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)                                         AR20100016472



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ABCMR Record of Proceedings (cont)                                         AR20100016472



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