IN THE CASE OF:	  

		BOARD DATE:	    5 April 2011

		DOCKET NUMBER:  AR20100022331 


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 wounded in his shoulder in the Republic of Vietnam (RVN) and evacuated to the United States.  The records pertaining to his wound made it to his military file, but he never received the Purple Heart.  He did not notice it was not entered on his DD Form 214 until talking to a friend a couple of years ago.

3.  The applicant provides copies of his DD Form 214; medical narrative; and a Department of Veterans Affairs Rating Decision, dated 31 January 2004.

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.  On 13 July 1967, the applicant was inducted into the Army of the United States.  He completed initial training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  The following special orders were issued at Fort McClellan, Alabama, awarding the applicant the Marksman Marksmanship Qualification Badge with the indicated bar:

	a.  Special Orders Number 249, dated 18 October 1967, Pistol Bar;

	b.  Special Orders Number 250, dated 19 October 1967, Rifle Bar; and

	c.  Special Orders Number 254, dated 24 October 1967, Machine Gun Bar.

4.  On 13 December 1967, the applicant was assigned as a rifleman with Company D, 1st Battalion, 7th Cavalry Regiment, 1st Cavalry Division, located in the RVN.

5.  The following evidence relates to the applicant's being wounded in action:

	a.  Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) indicates he received a gunshot wound to the right side of his chest on 24 March 1968.

	b.  A Standard Form 88 (Report of Medical Examination), dated 6 November 1968, states the applicant was hit by small arms fire in the RVN on 24 March 1968.

	c.  The Vietnam casualty roster shows he was wounded in action on 24 March 1968.

6.  On or about 25 March 1968, the applicant was medically evacuated to the U.S. Army Hospital, Fort Campbell, Kentucky.

7.  On 23 July 1968, the applicant was assigned to Fort Benning, Georgia, for duty as a light truck driver.

8.  On 19 March 1969, the applicant was retired due to a permanent physical disability.  He completed 1 year, 8 months, and 7 days of creditable active duty service.

9.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as the:

	a.  National Defense Service Medal,

	b.  Combat Infantryman Badge,

	c.  Vietnam Service Medal, and

	d.  Vietnam Campaign Medal.

10.  A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS) failed to reveal any orders awarding the applicant the Purple Heart.  ADCARS is 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.

11.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows his conduct and efficiency ratings were "excellent."  The applicant's records do not contain any evidence of disciplinary action.  There is no evidence showing his commander took any action to deny him the Army Good Conduct Medal.

12.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The Purple Heart is awarded to a member of the Armed Force or any civilian national of the United States who, while serving in any capacity with one of the U.S. Armed Services after 5 April 1917, has been wounded or killed, or who has died or may die, after being wounded in any action against an enemy of the United States.  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.

	b.  Appendix B shows that based on the applicant's dates of service in the RVN, he participated in the Vietnam Counteroffensive Phase III and the Tet Counteroffensive campaigns.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

13.  Army Regulation 600-200 (Enlisted Personnel Management System), in effect at the time, provided instructions for the completion of the DA Form 20.  Paragraph 9-53 specified to enter of a brief description of wounds or injuries (including injury from gas) received through hostile or enemy action requiring medical treatment and/or hospitalization in item 40 (Wounds).  The date wounded or injured was also to be entered.

14.  Army Regulation 672-5-1 (Decorations and Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to enlisted Soldiers 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.  

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the RVN.  This pamphlet shows the 7th Cavalry Regiment was cited in Department of the Army General Orders Number 70, dated 1970, for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the time of the applicant's assignment.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Purple Heart.

2.  There are no general orders available showing the applicant was awarded the Purple Heart.  However, the applicant's name is listed on the Vietnam casualty roster which corroborates the entries on his DA Form 20 and Standard Form 88.  Therefore, the applicant should be awarded the Purple Heart.

3.  The applicant's records clearly show he distinguished himself in the performance of his military service as evidenced by achieving all "excellent" conduct and efficiency ratings.  Therefore, it is presumed that his not receiving an Army Good Conduct Medal for his service was an oversight.  Accordingly, he should be awarded this medal.

4.  The applicant's records show he participated in two campaigns during his service in the RVN.  Therefore, he is authorized two bronze service stars to be affixed to his Vietnam Service Medal.

5.  Records show the applicant's unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his records should be corrected to show this foreign unit award.

6.  Special orders show the applicant was awarded the Marksman Marksmanship Qualification Badge with his Rifle, Pistol, and Machine Gun Bars.  Therefore his records should be corrected to show this badge.

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 24 March 1968;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period 13 July 1967 to 19 March 1969; and

	c.  adding the Purple Heart, Army Good Conduct Medal (1st Award), two bronze service stars to be affixed to his already-awarded Vietnam Service Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Marksman Marksmanship Qualification Badge with Rifle, Pistol, and Machine Gun Bars to the awards already shown on 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)                                         AR20100022331



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ABCMR Record of Proceedings (cont)                                         AR20100022331



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