BOARD DATE:	  6 January 2011

		DOCKET NUMBER:  AR20100016956 


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 February 1969 while his unit was operating in the I Corps area of responsibility in the northern section of South Vietnam.  He was an inpatient at the Americal Division Hospital.  He was never awarded the Purple Heart for the wounds he incurred.  He was discharged shortly after leaving the hospital.

3.  He provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and a letter from a State District Judge and fellow veteran.

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 was inducted into the Army of the United States on 14 June 1967.  He completed training and was awarded military occupational specialty 11C (Infantry Fire Crewman).

3.  He served in Vietnam from on or about 12 April 1968 through on or about 13 February 1969.  He was assigned to Company A, 4th Battalion, 21st Infantry, as a gunner and a squad leader.

4.  He was honorably released from active duty in the rank/grade of sergeant (SGT)/E-5 on 14 February 1969 as an overseas returnee and 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 the:

* National Defense Service Medal
* Air Medal
* Bronze Star Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14 & M-16)
* Vietnam Campaign Medal
* Vietnam Service Medal
* one overseas service bar
* Combat Infantryman Badge

6.  There are no official orders in his military personnel records authorizing him award of the Purple Heart.

7.  Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) does not reflect he was wounded as a result of hostile enemy action and item 41 (Awards and Decorations) of this form does not list the Purple Heart.

8.  His name is not listed on the Vietnam casualty roster and his medical records are not available for review with this case.

9.  He provided a letter wherein a State District Judge and fellow veteran states he and the applicant attended the University of Nevada together and were hospitalized together at the Americal Division Hospital in February 1969.  He adds that:

	a.  He (the author) was recovering from a combat wound in the Americal Division Hospital in Chu Lai, Vietnam, and when he woke up, he was surprised to see the applicant in the bed next to his.  He had been shot in the right leg the day before while on patrol as a SGT with Company A, 4th Battalion, 21st Infantry.

	b.  Because of his combat wound, the applicant was sent home shortly thereafter but he never received the Purple Heart for his wound and believed it was an administrative error.

10.  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 any orders were published authorizing award of the Purple Heart to him.

11.  Army Regulation 600-8-22 (Military Awards), then in effect, stated the Purple Heart was awarded for an injury or wound sustained 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 military personnel, and the medical treatment must have been made a matter of official record.

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

13.  Headquarters, Fort Polk, LA, Special Orders Number 224, dated 29 August 1967, awarded him the Expert Marksmanship Qualification Badge with Pistol Bar and Special Orders Number 245, dated 22 September 1967, awarded him the Expert Marksmanship Qualification Badge with Mortar Bar.

14.  A review of his service record shows no derogatory information that would disqualify him for the first award of the Army Good Conduct Medal.  Furthermore, item 38 (Record of Assignments) of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings during his military service.

15.  Army Regulation 672-5-1, in effect at the time, provided that the Army 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.

16.  Headquarters, Department of the Army General Orders Number 2, dated 1971, awarded the 4th Battalion, 21st Infantry, the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 2 November 1968 to 28 February 1969.

17.  Appendix B of Army Regulation 600-8-22 shows that during his tour in Vietnam participation credit was awarded for four campaigns:  Vietnam Counteroffensive Phase IV (2 April 1968 to 30 June 1968), Vietnam Counteroffensive Phase V (1 July 1968 to 1 November 1968), and Vietnam Counteroffensive Phase VI (2 November 1968 to 22 February 1969).  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's records do not show he was wounded as a result of enemy action or that he received the Purple Heart.  However, he submitted a witness statement from a fellow veteran who was personally present at the hospital, recovering from his own wounds, in February 1969.  Furthermore, the evidence of record shows the applicant arrived in Vietnam on or about 12 April 1968 and should have departed Vietnam on or about 11 April 1969 but departed in February 1969 instead.  His date of departure is consistent with the date listed on his service records and the date indicated by the witness. 

2.  It appears the applicant met the criteria for award of the Purple Heart but for unknown reasons he did not receive this award.  Therefore, he is entitled to award of the Purple Heart and correction of his records to show it. 

3.  Special orders awarded him the Expert Marksmanship Qualification Badge Pistol Bar and the Expert Marksmanship Qualification Badge with Mortar Bar neither of which is shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these badges.

4.  The evidence of record confirms he served honorably during the period 14 June 1967 through 14 February 1969.  He served in Vietnam, was awarded multiple combat awards, attained the rank/grade of SGT/E-5, and he received "excellent" conduct and efficiency ratings throughout his military service.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant the first award of the Army Good Conduct Medal based on completion of qualifying service ending with the termination of a period of Federal military service and correct his records to show this award.

5.  General orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not shown on his records; therefore, he is entitled to correction of his records to show this unit award.

6.  The evidence of record shows he was awarded the Vietnam Service Medal.  Additionally, records show he participated in three campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of three bronze service stars to be affixed to 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:

* awarding him the Purple Heart for wounds received in action in February 1969 in Vietnam
* awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 14 June 1967 through 14 February 1969
* adding to item 24 of his DD Form 214 the:

* Purple Heart
* Army Good Conduct Medal (1st Award)
* Expert Marksmanship Qualification Badge with Pistol Bar
* Expert Marksmanship Qualification Badge with Mortar Bar
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* three bronze service stars to be affixed to his already-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)                                         AR20100016956



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ABCMR Record of Proceedings (cont)                                         AR20100016956



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