BOARD DATE:	  18 January 2011

		DOCKET NUMBER:  AR20100018343 


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 two awards of the Purple Heart.

2.  The applicant states, in effect, he was previously denied the Purple Heart because of the statement "I was accidently injured in a combat zone."  He further states this is not true.  During one incident he was in a firefight and received 2nd degree burns.  The second incident involved a mortar attack and he sustained a shrapnel injury to his left wrist and he still has shrapnel in his wrist.

3.  The applicant provides a progress note page, a DA Form 8-275-3 (Clinical Record Cover Sheet), and a Department of the Army form letter. 

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 was inducted into the Army of the United States on 20 February 1968 and he held military occupational specialty 64A (Light Vehicle Driver).

3.  He served in Vietnam from on or about 13 July 1968 to 12 July 1969 while assigned to Company B, 23d Supply and Transport Battalion.

4.  His name is listed on the Vietnam casualty roster under casualty status code 23 and complementary cause F, with a casualty date of 25 March 1969.  Casualty status code 23 refers to "hostile wounded in action" and complementary cause F refers to "fire/burns."  His records do not contain orders awarding him the Purple Heart.

5.  He was honorably released from active duty on 26 January 1970 in the rank/grade of specialist four (SP4)/E-4 and he was transferred to the U.S. Army Reserve Control Group to complete his remaining Reserve obligation.  He completed a total of 1 year, 11 months, and 7 days of creditable active service with no lost time.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

7.  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 reveals he received nonjudicial punishment under the provisions of Article 15, Uniform Code of Military Justice on 5 October 1968 for failing to give the proper turn signal and exceeding the speed limit.

8.  The applicant provided a progress note page, dated 5 July 2007, wherein it contains the remark "X-rays, right wrist normal, left metallic pieces, only source could be in Vietnam when mortar went off."

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 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.

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

12.  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 V (1 July 1968 - 1 November 1968)
* 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)

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that at the time of his assignment to the 23d Supply and Transport Battalion this unit was cited for award of the Meritorious Unit Commendation for the period 1 January 1968 - 31 August 1969, by Department of the Army General Orders (DAGO) Number 53, dated 1970.

14.  Department of the Army Pamphlet 672-3, paragraph 6d, states that DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 - 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was wounded as a result of hostile action on 25 March 1969 as reflected on the Vietnam casualty roster.  Therefore, he is entitled to the award of the Purple Heart and correction of his
DD Form 214 to show this award.

2.  His records show he served honorably from 20 February 1968 through 26 January 1970.  He served in Vietnam, received "excellent" conduct and efficiency ratings throughout his military service, and attained the rank/grade of SP4/E-4.  Except for a single nonjudicial punishment for what appears to be a minor infraction, his record is void of any other 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 based on completion of a qualifying period of Federal military service and correct his DD Form 214 to show this award.

3.  General orders awarded his unit the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to the unit.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

4.  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 DD Form 214 to show these awards.

5.  With respect to the second award of a Purple Heart, his record shows he was wounded in hostile action on 25 March 1969 and he was treated for those wounds.  However, there is no documentary evidence in his records nor did he provide any evidence to show he was wounded or injured as a result of hostile action on a second occasion, that he was treated for such wounds by medical personnel, and that his treatment was made a matter of official record.  Therefore, there is insufficient evidence upon which to base the second award of the Purple Heart in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ___x____  ___x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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 hostile action in Vietnam on 25 March 1969;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period 20 February 1968 through 26 January 1970; and
   
   c.  adding to item 24 of his DD Form 214 the Purple Heart, Army Good Conduct Medal (1st Award), Meritorious Unit Commendation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation and to show he is authorized to wear four bronze service stars on his already-awarded Vietnam Service Medal.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to the second award of the Purple Heart.



      _______ _  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)                                         AR20100018343



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100018343



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1