IN THE CASE OF:	  

		BOARD DATE:	  8 March 2011

		DOCKET NUMBER:  AR20100019401 


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 include his award of the Purple Heart (PH).

2.  He makes no additional statements.

3.  He provides copies of:

* PH Certificate
* DD Form 214
* Department of Veterans Affairs Form 10-10EZ (Application for Health Benefits)

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.  His records show he was inducted into the Army of the United States on 9 April 1969.

3.  His DA Form 20 (Enlisted Qualification Record) shows in:

* item 31 (Foreign Service) that he served in Vietnam from 9 November 1969 to 11 November 1970
* item 38 (Record of Assignments) that while serving in Vietnam, he was assigned to Company D, 3rd Battalion (Airborne), 503rd Infantry Regiment, 173rd Airborne Brigade, until 5 November 1970
* item 40 (Wounds) that he sustained multiple fragment wounds to his right foot and leg on 1 April 1970
* item 41 (Awards and Decorations):

* National Defense Service Medal (NDSM)
* Parachutist Badge
* Republic of Vietnam (RVN) Campaign Medal with Device (1960)
* Combat Infantryman Badge (CIB)
* two overseas service bars
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60)

4.  His record contains a DA Form 8-275-3 (Clinical Record Cover Sheet) that shows he was admitted to the 67th Evacuation Hospital on 1 April 1970.

   a.  Item 23 (Diagnoses) shows he was involved in an attack at approximately 0400 hours on 1 April 1970 at a landing zone in Vietnam.  He was treated by medical personnel for a fragment wound to his foot and released on 7 April 1970.

	b.  Item 25 (Selected Administrative Data) shows "PH awarded this facility by General Order Number 81, dated 2 April 1970."

5.  His name appears on the Vietnam casualty roster as having been wounded as a result of hostile action on 1 April 1970.

6.  His military personnel record also contains a copy of Headquarters, 173rd Airborne Brigade, General Orders Number 3138, dated 8 December 1970.  These orders show he was awarded the Bronze Star Medal (BSM) for meritorious service in connection with ground operations against a hostile force in Vietnam.

7.  His DD Form 214 shows he was honorably released from active duty on 12 November 1970.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows he was awarded the:

* NDSM
* Vietnam Service Medal (VSM)
* RVN Campaign Medal with Device (1960)
* two overseas service bars
* Parachutist Badge
* CIB
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)

8.  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 awarding him the PH.

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

10.  His record is void of documentation showing he was recommended for or awarded the Army Good Conduct Medal (AGCM).  Item 38 of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his military career.  His record is void of any derogatory information that could serve to disqualify him for this award.

11.  Army Regulation 672-5-1 (Awards and Decorations), in effect at the time, provided that the AGCM 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.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards and campaign periods for the Vietnam era.  Three designated campaigns coincide with his period of service in the RVN:

* Vietnam Winter-Spring 1970 (1 November 1969 to 30 April 1970)
* DA Sanctuary Counteroffensive (1 May 1970 to 30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970 to 30 June 1971)

13.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon, to include the VSM, for each credited campaign.

14.  Department of the Army Pamphlet 672-3 also shows during the period he was assigned to Company D, 3rd Battalion (Airborne), 503rd Infantry Regiment, 173rd Airborne Brigade, this unit was awarded the:

* RVN Gallantry Cross with Palm Unit Citation by Headquarters, Department of the Army, General Orders Number 51, dated 1971
* RVN Civil Actions Honor Medal First Class Unit Citation by Headquarters, Department of the Army, General Orders Number 5, dated 1973

15.  Army Regulation 600-8-22 provides that the PH is awarded for a wound sustained in action against an enemy or as a result of hostile action.  Substantiating evidence must be provided to verify the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  A copy of a DA Form 8-275-3 confirms he was wounded on 1 April 1970 as a result of hostile action.  His wounds required medical treatment and that treatment was made a matter of official record.  This form also shows he was awarded the PH on 2 April 1970 by the same medical treatment facility on general orders.  Therefore, he is entitled to have this award added to his DD Form 214.

2.  General orders awarded him the BSM.  Therefore, he is entitled to have this award added to his DD Form 214.

3.  The evidence of record confirms he served honorably during the period 9 April 1969 through 12 November 1970 and he received all "excellent" conduct and efficiency ratings throughout his military service.  Based on his entire record of service, it would be appropriate to award him the first award of the AGCM and to correct his records to reflect this award.

4.  General orders awarded his unit the RVN Gallantry Cross with Palm Unit Citation and RVN Civil Actions Honor Medal First Class Unit Citation.  Therefore it would be appropriate to correct his DD Form 214 to show these unit awards.

5.  He was previously awarded the VSM.  His records show he participated in three campaigns while serving in Vietnam.  Therefore, he is entitled to award of three bronze service stars for wear on his previously-awarded VSM.

6.  His DA Form 20 shows he earned the Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60).  It would be appropriate to add this badge to his DD Form 214.

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:

	a.  awarding him the AGCM (First Award) for the period 9 April 1969 through 12 November 1970,

	b.  deleting the VSM from item 24 of his DD Form 214, and

	c.  adding the following awards to item 24 of his DD Form 214:

* PH
* BSM
* AGCM (First Award)
* VSM with three bronze service stars
* Marksman Marksmanship Qualification Badge with Machinegun Bar (M-60)


* RVN Gallantry Cross with Palm Unit Citation
* RVN 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)                                         AR20100019401



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ABCMR Record of Proceedings (cont)                                         AR20100019401



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