IN THE CASE OF:	  

		BOARD DATE:	  25 January 2011

		DOCKET NUMBER:  AR20100017792 


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.  The applicant states he was injured in the line of duty while serving in Vietnam and it is not documented on his DD Form 214.

3.  The applicant provides a DD Form 1380 (U.S. Field Medical Card). 

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 records show he enlisted in the Regular Army on 14 March 1968 and he held military occupational specialty 68F (Aircraft Electrician).  He served in Vietnam from 20 January 1969 to 19 January 1970 while assigned to the 228th Aviation Battalion, 1st Cavalry Division.

3.  His records contain Department of the Army General Orders (DAGO) Number 15244, dated 31 December 1969, wherein he was awarded the Army Commendation Medal for meritorious service in Vietnam from January 1969 to January 1970.

4.  He was honorably released from active duty on 12 March 1971 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 Reserve obligation.  He completed a total of 2 years, 11 months, and 29 days of creditable active service with no lost time.

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, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), Sharpshooter Marksmanship Qualification Badge with Rifle Bar 
(M-16), and the Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Caliber).

6.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his service.  His record is void of any record of disciplinary actions or a commander's disqualification for award of the Army Good Conduct Medal.

7.  Item 40 (Wounds) of his DA Form 20 shows the entry "shrapnel in arm, injury to ear."  There is no date next to the entry.  His records do not contain official orders for award of the Purple Heart and his name is not shown on the Vietnam casualty roster.

8.  The applicant provides a DD Form 1380, dated 28 December 1969, wherein it shows he received lacerations of the lower right forearm, both knees, and right ear as a result of hostile action.  The injuries occurred on 28 December 1969 when a rocket went off near the vehicle he was driving.  It further shows he was treated for his wounds at the 11th Aviation Group Dispensary and he was returned to duty.

9.  Army Regulation 600-8-22 (Military Awards) states 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.

10.  Army Regulation 600-200 (Enlisted Personnel Management), chapter 9, of the version in effect at the time, stated, in pertinent part, that a brief description of wounds or injuries (including injury from gas) requiring medical treatment received through hostile or enemy action, including those requiring hospitalization would be entered in Item 40 of the DA Form 20.  

11.  Army Regulation 672-5-1 (Military Awards), 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.

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

13.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states 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, he participated in the following four campaigns:

* Vietnam Counteroffensive, Phase VI (2 November 1968 - 22 February 1969)
* TET 69 Counteroffensive (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)

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that at the time of his assignment to the 228th Aviation Battalion, 1st Cavalry Division, this unit was cited for award of the Republic of Vietnam Civil Actions First Class Unit Citation for the period 1 January 1969 - 1 February 1970, by DAGO Number 42, dated 1972.

DISCUSSION AND CONCLUSIONS:

1.  The DD Form 1380 the applicant provided confirms that on 28 December 1969, while serving in Vietnam, he was wounded in action by an enemy rocket and he was treated for those wounds by medical personnel.  In addition, the entry in item 40 of his DA Form 20 matches the description of the wounds listed on the DD Form 1380.  Therefore, he is entitled to award of the Purple Heart for wounds sustained on 28 December 1969 and correction of his DD Form 214 to show this award.

2.  General orders awarded him the Army Commendation Medal which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  General orders awarded his unit the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to the unit.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

4.  The evidence of record shows he served honorably from 14 March 1968 through 12 March 1971.  He served in Vietnam, received "excellent" conduct and efficiency ratings throughout his military service, and attained the rank/grade of SP5/E-5.  His record is void of any derogatory information that would have disqualified him from receiving his first 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 records to show this award.

5.  His records show he was awarded the Vietnam Service Medal and that he participated in four campaigns during his service in Vietnam.  Therefore, he is entitled to four bronze service stars to be affixed to his already-awarded Vietnam Service Medal and correction of his records 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.  awarding him the Purple Heart for wounds received in action in Vietnam on 28 December 1969;

	b.  awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 14 March 1968 through 12 March 1971; and

	c.  adding to item 24 of his DD Form 214 the Purple Heart, Army Commendation Medal, Army Good Conduct Medal (1st Award), four bronze service stars to be added to his already-awarded Vietnam Service Medal, and the Republic of Vietnam Civil Actions Honor Medal First Class 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)                                         AR20100017792



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ABCMR Record of Proceedings (cont)                                         AR20100017792



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