IN THE CASE OF:	  

		BOARD DATE:	  25 January 2011

		DOCKET NUMBER:  AR20100017465


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.  The applicant states, while serving in Vietnam as an armor crewman, his tank hit a mine.  The detonation ruptured his eardrums and caused hearing loss.  He was treated by medics.

3.  The applicant provides:

* a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* a Standard Form 513 (Clinical Record - Consultation Sheet), dated 19 November 1969

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 was inducted into the Army of the United States (AUS) on
5 March 1968 for 2 years.  He was trained in and awarded military occupational specialty (MOS) 11E (Armor Crewman).

3.  The applicant served in Vietnam from on or about 8 March 1969 to on or about 22 February 1970 as a member of Company B, 1st Battalion, 69th Armor, 4th Infantry Division.

4.  A DD Form 1380 (U.S. Field Medical Card) shows at 0700 hours,
18 November 1969, the applicant suffered a hemorrhage of his left tympanic membrane.  The form contains the annotation "WIA" for "wounded in action."

5.  The Standard Form 513 submitted by the applicant (and also contained in his service medical records) shows, on 19 November 1969, he was seen by a doctor at the Battalion Aid Station.  The form further states:

Pt [Patient] on tank that hit antitank mine.  Seen yesterday AM [complaining of] marked hearing loss and small hemorrhage area of upper central T.M. [tympanic membrane].  I returned him to duty [with] noise limitations.  Last night had to be dusted-off [evacuated by helicopter] because of severe pain.  On exam then, T.M. hemorrhage appeared somewhat more extensive and on examining saw a small anterior-superior perforation.  This morning pt. awoke with crusted and fresh blood in left ear.

6.  Other medical documents in the applicant's records attest to further evaluation and treatment of his ruptured eardrum and hearing loss.

7.  On 23 February 1970, the applicant was honorably released from active duty by reason of overseas returnee.  He completed 1 year, 11 months, and 19 days of total active service.  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, Republic of Vietnam Campaign Medal with Device (1960), Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) and two Overseas Service Bars.

8.  Army Regulation 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.  It provides:

   a.  The Purple Heart is awarded for a 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 medical personnel, and the medical treatment must have been made a matter of official record.  A wound is defined as an injury to any part of the body from an outside force or agent, examples of which are as follows:

* injury caused by enemy bullet, shrapnel, or other projectile created by enemy action
* injury caused by enemy placed mine or trap
* injury caused by enemy released chemical, biological, or nuclear agent
* injury caused by vehicle or aircraft accident resulting from enemy fire
* concussion injuries caused as a result of enemy generated explosions

	b.  During Vietnam, the Army Good Conduct Medal 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.

	c.  In paragraph 2-13, 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:

* Tet 69 Counteroffensive, 1969 (23 February 1969 - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June 1969 - 31 October 1969)
* Vietnam Winter-Spring 1970 (1 November 1969 - 30 April 1970)

9.  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 the unit to which the applicant was assigned was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 August 1967 to 28 July 1969 by Department of the Army General Orders (DAGO) Number 3, dated 1970
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 29 July 1969 to 10 April 1970 by DAGO Number 52, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 August 1967 to 31 October 1969 by Department of the Army General Order Number 53, dated 1970

10.  Department of the Army Pamphlet 672-3, paragraph 6 (Miscellaneous Information) states that not more than one award of the Republic of Vietnam Gallantry Cross Unit Citation may be worn by any individual.  Although wear of multiple awards of this unit citation badge is not authorized, official military personnel and historical records will indicate all awards received.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests award of the Purple Heart.

2.  Medical records show the applicant was injured when his tank struck an anti-tank mine on 18 November 1969.  The blast and concussion of the explosion ruptured the applicant's left eardrum, causing bleeding, severe pain, and hearing loss.  He was treated by Army medical personnel and his treatment was made a matter of official record.  Therefore, the applicant is entitled to award of the Purple Heart for injuries received on 18 November 1968 and correction of his
DD Form 214 to show this award.

3. The applicant served a qualifying period of service for the first award of the Army Good Conduct Medal.  Therefore, he should be awarded the Army Good Conduct Medal (1st award) and his DD Form 214 should be corrected to show this award.

4.  The applicant participated during three campaign phases in Vietnam.  Therefore, he is entitled to three bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

5.  His unit was cited for two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citations (although he is authorized to wear only one of these awards) and one award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his tenure.  Therefore, his DD Form 214 should be corrected 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;

	b.  awarding him the Purple Heart for wounds received in action on
18 November 1969;

	c.  awarding him the Army Good Conduct Medal (1st award) for the period
5 March 1968 to 23 February 1970; and

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

* Purple Heart
* Army Good Conduct Medal (1st award)
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citations
(2 awards)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to his DD Form 214



      ___________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)                                         AR20100017465



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ABCMR Record of Proceedings (cont)                                         AR20100017465



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