IN THE CASE OF:	  

		BOARD DATE:	  10 March 2011

		DOCKET NUMBER:  AR20100022008 


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 he was wounded in action on 12 April 1967 and did not receive the Purple Heart.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and a Standard Form 502 (Narrative Summary), dated 1 May 1967.

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 on 29 March 1966 for a 2-year period.  He completed his initial entry training and was awarded military occupational specialty 11B (Light Weapons Infantryman).  The highest rank he attained was specialist four (temporary)/pay grade E-4.

3.  The applicant served in the Republic of Vietnam from 12 January 1967 to 1 May 1967 with the 48th Infantry Platoon (Scout Dog), 196th Infantry Brigade.  Per item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record), he was in a patient status on 1 May 1967 assigned to the Medical Hold Detachment, U.S. Army Hospital, Fort Ord, CA.

4.  The applicant was honorably released from active duty on 30 June 1968 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining statutory military service obligation.  The DD Form 214 he was issued confirms he completed 1 year, 8 months, and 2 days of total active service with 3 months and 19 days of foreign service in the Republic of Vietnam.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows he received the following awards:

* National Defense Service Medal
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Rifle Bar
* Republic of Vietnam Campaign Medal [with Device (1960)]
* Vietnam Service Medal
* Bronze Star Medal

6.  Item 40 (Wounds) of the applicant's DA Form 20 shows he received fragment wounds to his abdomen.  A review of his personnel service record failed to reveal orders awarding him the Purple Heart.

7.  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 general orders awarding the application the Purple Heart.

8.  The applicant's name is listed on the Vietnam casualty roster as being wounded in action during combat operations on 12 April 1967.

9.  The applicant was awarded the Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60) on 10 August 1966 by Special Orders Number 161 issued by 2nd Brigade (Advanced Individual Training), Fort Ord, CA.

10.  He received "excellent" conduct and efficiency ratings throughout his service.  His military personnel records do not show any time lost or record of nonjudicial punishment under the provisions of Article 15 of the Uniform Code of Military Justice and no record of court-martial.  There is an annotation that states he was eligible for reenlistment.

11.  The applicant provides a Clinical Record Narrative Summary from his medical record showing he sustained gunshot wounds to his left anterior chest, left anterior abdomen, and left leg in the Republic of Vietnam as a result of hostile action on 12 April 1967 when he was struck by multiple fragments from enemy mortar rounds.

12.  References:

	a.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) stated the authority to award the Purple Heart was delegated to hospital commanders.  It directed that all personnel treated and released within 24 hours would be awarded the Purple Heart by the organization to which the individual was assigned.  Personnel requiring hospitalization in excess of 24 hours or evacuation from Vietnam would be awarded the Purple Heart directly by the hospital commander rendering treatment.

	b.  Army Regulation 600-200 (Enlisted Personnel Management), chapter 9 of the version in effect at the time, stated 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.  This regulation further stated that the date the wound or injury occurred would also be placed in item 40.

	c.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal and 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, participation credit was awarded for the Vietnam Counteroffensive Phase II Campaign (1 July 1966-31 May 1967).

	d.  Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.

	e.  Army Regulation 672-5-1 (Military Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  Ratings of "unknown" for portions of the period under consideration were not disqualifying.  There must have been no convictions by a court-martial.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's name is listed on the Vietnam casualty roster showing he was  wounded in action by hostile fire on 12 April 1967.  A thorough search of his records and electronic databases failed to produce a copy of orders awarding him the Purple Heart.  Therefore, based on the Vietnam casualty roster and his DA Form 20 that show he was wounded in action on 12 April 1967, it would be appropriate to award him the Purple Heart and to correct his record to show this award.

2.  Based on the applicant's "excellent" conduct and efficiency ratings, the absence of evidence showing disqualification, and his completion of a qualifying period of service from 29 March 1966 to 30 January 1968, he appears eligible for the first award of the Army Good Conduct Medal.  Therefore, he is entitled to award of the Army Good Conduct Medal (1st Award) and correction of his DD Form 214 to add this award.

3.  Special orders show the applicant was awarded the Expert Marksmanship Qualification Badge with Machine Gun Bar.  Therefore, he is entitled to correction of his record to show this marksmanship qualification badge.

4.  During the applicant's assignment in Vietnam, his unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

5.  The applicant participated in one campaign while serving in the Republic of Vietnam.  Therefore, he is entitled to one bronze service star to be affixed to his previously-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:

	a.  awarding him the Purple Heart for wounds received in action on 12 April 1967 in the Republic of Vietnam and the Army Good Conduct Medal (1st Award) for his period of service from 29 March 1966 to 30 January 1968;

	b.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal; and

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

* Purple Heart 
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with one bronze service star
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Machine Gun Bar



      _________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)                                         AR20100022008



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ABCMR Record of Proceedings (cont)                                         AR20100022008



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