IN THE CASE OF:	  

		BOARD DATE:	  13 January 2011

		DOCKET NUMBER:  AR20100016704 


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 was injured by enemy fire on 10 January 1971.  He contends he received the Purple Heart along with the certificate, approximately one day after being injured.

3.  He provides a copy of a Standard Form (SF) 502 (Clinical Record - Narrative Summary), dated 22 February 1971.

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
21 January 1970.  Upon completion of basic combat and advanced individual training he was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  A review of his DA Form 20 (Enlisted Qualification Record) shows in:

	a.  Item 31 (Foreign Service) he served in the republic of Vietnam from
18 June 1970 through 14 March [sic - should be January] 1971;

   b.  Item 38 (Record of Assignments) he was assigned to:

* Company D, 1st Battalion, 14th Infantry Regiment, 4th Infantry Division from 7 July to 24 November 1970
* Company A, 2nd Battalion, 1st Infantry, 196th Infantry Brigade, 23rd Infantry Division from 27 November 1970 to 14 January 1971
* Medical Holding Company, U.S. Army Hospital, RYIS [Ryukyu Islands, Japan] U.S. Army Pacific Command (USARPAC) from 15 January to 22 February 1971

   c.  Item 40 (Wounds) the entry "Fragment wound to hand, neck, stomach;
10 Jan 71"; and

   d.  Item 41 (Awards and Decorations) the:

* National Defense Service Medal
* Vietnam Service Medal
* RVN Campaign Medal
* Army Commendation Medal
* Combat Infantryman Badge
* one Overseas Service Bar

4.  His records contain a copy of an unclassified message, dated 11 January 1971.  This message states that on 10 January 1971, while on a search and clear mission, he incurred fragment wounds to his chest and left hand.  He threw a grenade into an enemy bunker which resulted in a secondary explosion of an unknown origin.

5.  He provided a copy of an SF 502 which shows he was admitted to the U.S. Naval Hospital Guam on 14 January 1971.  He was treated for fragment wounds to his abdomen with perforation of small bowel, left hand, and his neck.  Injuries 

were found to have occurred as a result of hostile action.  He was returned to duty on 22 February 1971.

6.  His DD Form 214 shows he was honorably released from active duty on 
24 September 1971 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the:

* National Defense Service Medal
* Vietnam Service Medal with one bronze service star
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Commendation Medal
* Combat Infantryman Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* First Class Gunner Badge (now known as the Sharpshooter Marksmanship Qualification Badge) with Machinegun Bar (M-60)

7.  His name is listed on the Vietnam casualty roster under casualty status code 23 with a date of casualty of 10 January 1971.  Casualty status code 23 refers to "hostile wounded in action - not serious - hospitalized."

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 United States Army Human Resources Command, failed to reveal any 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.  Item 38 of his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his service.  His record is void of any derogatory information that would have disqualified 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 unit awards received by units serving in Vietnam.  This document shows during the period of his assignment with Company D, 1st Battalion, 14th Infantry Regiment, 4th Infantry Division, his unit was awarded the RVN Gallantry Cross with Palm Unit Citation for the period
29 July 1969 - 17 November 1970 by Headquarters, Department of the Army General Orders (DAGO) Number 52, dated 1971.

13.  Army Regulation 600-8-22 (Military Awards), 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 two campaigns:

* DA Sanctuary Counteroffensive (1 May - 30 June 1970)
* Vietnam Counteroffensive, Phase VII (1 July 1970 - 30 June 1971)

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 is assigned.  Personnel requiring hospitalization in excess of 24 hours or evacuation from Vietnam will be awarded the Purple Heart directly by the hospital commander rendering treatment.

15.  Army Regulation 600-8-22 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 by medical personnel, and the medical treatment must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows he was wounded on 10 January 1971 as a result of hostile action.  His wounds required treatment by medical personnel, he was hospitalized, and the medical treatment was made a matter of official record.  

His name is listed on the Vietnam casualty roster and an appropriate entry was made on his DA Form 20.  Therefore, his DD Form 214 should be corrected to show award of the Purple Heart.

2.  General orders awarded his unit the RVN Gallantry Cross with Palm Unit Citation.  Therefore, it would be appropriate to correct his DD Form 214 to show this unit award.

3.  He was previously awarded the Vietnam Service Medal with one bronze service star.  His records show he participated in two campaign phases while serving in Vietnam.  Therefore, he is entitled to award of two bronze service stars for wear on his already-awarded Vietnam Service Medal.

4.  The evidence of record confirms he served honorably during the period 
21 January 1970 through 24 September 1971.  He was wounded in action, attained the rank of specialist, and he received "excellent" conduct and efficiency ratings throughout his service.  His record is void of any derogatory information that would have disqualified him from award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the first award of the Army Good Conduct Medal and correct his DD Form 214 to show this award.

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 one bronze service star;

   b.  awarding him the Army Good Conduct Medal (first award) for the period
21 January 1970 through 24 September 1971; and

	c.  adding to item 24 of his DD Form 214 the:

* Purple Heart
* Army Good Conduct Medal (first award)
* Vietnam Service Medal with two bronze service stars
* 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)                                         AR20100016704



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ABCMR Record of Proceedings (cont)                                         AR20100016704



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