BOARD DATE:	  23 December 2010

		DOCKET NUMBER:  AR20100016831 


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.  He states he was injured in combat in Vietnam on 10 November 1969.  He was hospitalized at Lai Kai for his injuries.  He still has shrapnel in his right shoulder.  When he was separated from active duty, he wanted to forget his experiences.  Just recently he realized that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not reflect award of the Purple Heart.  It would be an injustice to deny him this medal earned in defense of his country.

3.  He provides his DD Form 214 and orders awarding him the Bronze Star Medal with "V" Device.

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 records show he enlisted in the Regular Army on 23 July 1968 and held military occupational specialty 11E (Armor Crewman).  He served in Vietnam from 14 March 1969 to 1 March 1970 during three campaigns. He was assigned to Troop C, 1st Squadron, 4th Cavalry, 1st Infantry Division.

3.  General Orders Number 15697, issued by Headquarters, 1st Infantry Division, on 2 December 1967, awarded him the Bronze Star Medal with "V" Device for heroism in connection with military operations against a hostile force in the Republic of Vietnam on 10 November 1969.  The orders stated he was wounded during the vicious exchange of fire.

4.  On 20 July 1971, he was honorably released from active duty in the rank/
grade of specialist five (SP5)/E-5 and he was transferred to the U.S. Army Reserve Control Group to complete his remaining service obligation.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the Combat Infantryman Badge, National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal with Device (1960), Bronze Star Medal, two overseas service bars, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

6.  There are also no orders in his military personnel records authorizing award of the Purple Heart.  Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) is blank and item 41 (Awards and Decorations) of his DA Form 20 does not list the Purple Heart.

7.  His name is not shown on the Vietnam casualty list.

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, 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.

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

10.  General Orders Number 15963, issued by Headquarters, 1st Infantry Division, on 25 November 1969, awarded him the Army Commendation Medal for meritorious achievement from 5 September to 31 October 1969.

11.  General Orders Number 59, issued by Headquarters, 1st Infantry Division, on 3 January 1970, awarded him a second award of the Army Commendation Medal for meritorious achievement from 1 to 23 November 1969.

12.  General Orders Number 1251, issued by Headquarters, 1st Infantry Division dated 30 January 1970, awarded him a third award of the Army Commendation Medal for meritorious service from March 1969 to March 1970.

13.  Army Regulation 600-8-22 authorizes a bronze service star based on qualifying service for each campaign listed in appendix B and states that authorized bronze service stars will be worn on the appropriate campaign or service medal, including the Vietnam Service Medal.

14.  His records show he received "excellent" conduct and efficiency ratings throughout his service.  However, item 44 (Time Lost) of his DA Form 20 (Enlisted Qualification Record) shows he had 3 days of lost time (13 to 15 June 1969, absent without leave (AWOL)).

15.  Army Regulation 600-8-22 also specifies the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying 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.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.

16.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that at the time of his assignment to Troop C,  1st Squadron, 4th Cavalry, his unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, by Department of the Army General Order (DAGO) Number 53, dated 1970, and the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation by DAGO Number 8, dated 1974.

17.  Special Orders Number 183, issued by Headquarters, 8th Infantry Division, on 2 July 1970, awarded him the Sharpshooter Marksmanship Qualification Badge with Pistol Bar.


DISCUSSION AND CONCLUSIONS:

1.  There are no orders that show the applicant was awarded the Purple Heart.  However, orders show he was awarded the Bronze Star Medal with "V" Device for heroism in connection with military operations against a hostile force on 10 November 1969 in Vietnam and was wounded during the exchange of fire.  Therefore, he is entitled to award of the Purple Heart and to have this award shown on his DD Form 214.

2.  General orders awarded him three awards of the Army Commendation Medal which are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these awards.

3.  His DD Form 214 shows he was awarded the Bronze Star Medal with "V" Device.  However, his DD Form 214 listed the Bronze Star Medal without the "V" Device.  As there is no indication in his records that shows he was awarded a second award of the Bronze Star Medal, it appears his DD Form 214 inadvertently left out the "V" Device.  Therefore, he is entitled to correction of his DD Form 214 to show the Bronze Star Medal with "V" Device.

4.  He completed a qualifying period of service for the first award of the Army Good Conduct Medal.  Although he had 3 days of lost time due to AWOL, his records show he attained the rank/grade of SP5/E-5, completed a combat tour in Vietnam, received multiple valor awards, and received an excellent conduct and efficiency ratings throughout his military service.  Therefore, it would be appropriate to award him his first award of the Army Good Conduct Medal for the period 23 July 1968 through 20 July 1971 and correction of his records to show this award.

5.  The evidence of records confirms he participated in three campaigns while serving in Vietnam.  Therefore, he is also entitled to award of three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

6.  General orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation which are not shown on his records; therefore, it would also be appropriate to correct his records to show these unit awards.

7.  Special orders awarded him the Sharpshooter Marksmanship Qualification Badge with Pistol Bar which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this badge.


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.  awarding him the Purple Heart for wounds received in action on 10 November 1969 in the Republic of Vietnam; 

	b.  awarding him the Army Good Conduct Medal (1st Award) for his honorable period of service from 23 July 1968 through 20 July 1971;

	c.  deleting the Bronze Star Medal; 

	d.  adding to Item 24 of his DD Form 214 the Purple Heart, Army Good Conduct Medal (1st Award), Bronze Star Medal with "V" Device, Army Commendation Medal (3rd Award), Sharpshooter Marksmanship Qualification Badge with Pistol Bar, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Republic of Vietnam Gallantry Cross with Palm Unit Citation; and three bronze service stars to be affixed to his already-awarded Vietnam Service Medal; and

	e.  providing him a corrected DD Form 214 that includes these changes.



      ___________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)                                         AR20100016831



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ABCMR Record of Proceedings (cont)                                         AR20100016831



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