IN THE CASE OF:	  

		BOARD DATE:	  31 March 2011

		DOCKET NUMBER:  AR20100022615 


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 (PH).

2.  He states he was on a combat mission with Troop A, 1st Squadron,
1st Calvary Regiment, Americal Division in Vietnam on 23 November 1969, when he was wounded.  He was awarded the Bronze Star Medal (BSM) with “V” Device, but not the PH.  He contends he should receive the PH for his wounds.

3.  He also states the reason he did not receive the PH was because he was the combat medic at the time and he did not submit himself for the award.  He wants to be buried in Arlington National Cemetery and believes it is an honor that he earned as a combat medic in a heavy combat unit.

4.  He provided two rating decisions from the Department of Veterans Affairs (VA).

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 DD Form 4 (Enlistment Contract - Armed Forces of the United States) shows he enlisted in the Regular Army (RA) on 2 July 1968 for a period of 3 years.  He completed training and he was awarded military occupational specialty (MOS) 91A (Medical Corpsman), and was later awarded MOS 91B (Medical Specialist).

3.  The applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 7 August 1969 shows he was honorably discharged for immediate reenlistment.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of this DD Form 214 shows the National Defense Service Medal (NDSM).

4.  A second DD Form 4 shows he reenlisted in the RA on 8 August 1969 for a period of 3 years for service in the Republic of Vietnam (RVN).

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

* Item 31 (Foreign Service):

* Germany from 17 February through 9 October 1969
* Vietnam from 12 October 1969 through 2 July 1970
* Korea from 17 December 1971 through 17 January 1973 

* Item 38 (Record of Assignments), in part:

* duty as a Troop Aidman with Headquarters and Headquarters Troop, 1st Squadron, 1st Calvary Regiment from 25 October 1969 to 23 June 1970
* assigned in a patient status to the Medical Holding Company, 249th General Hospital, Vietnam from 23 June 1970 to 1 July 1970

* Item 40 (Wounds) the entry "FW [fragmentation wound] (R) [right] medial malleolus [ankle] on 17 June 1970"


* Item 41 (Awards and Decorations) the:

* NDSM
* Vietnam Service Medal (VSM)
* Combat Medical Badge (CMB)
* BSM with “V” Device
* Armed Forces Expeditionary Medal (AFEM) (Korea)
* RVN Campaign Medal with Device (1960)

6.  General Orders Number 2138, issued by Headquarters, Americal Division, dated 8 March 1970, awarded the applicant the BSM with “V” Device.  The citation states, in pertinent part:

(Applicant) distinguished himself by exceptionally valorous actions on
23 November 1969 while serving as a Medical Specialist with Troop A,
1st Squadron, 1st Cavalry.  On that date, the troop was conducting a combat patrol when the Armored Cavalry Assault Vehicle in which (Applicant) was riding detonated a 300 pound antitank mine wounding the entire crew.  Although suffering from a fragmentation wound, (Applicant) immediately began administering first aid to the other casualties.  Realizing that his comrades required immediate evacuation, (Applicant) then climbed from his vehicle and ran over a mile through enemy occupied territory without a weapon to secure assistance.  Refusing to be extracted, he then led help back to the disabled vehicle and aided in the evacuation of his wounded comrades.

7.  His DD Form 214 for the period ending 18 January 1973 shows he was honorably released from active duty as an overseas returnee.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.  Item 24 of this DD Form 214 shows the:

* BSM with “V” Device
* VSM
* RVN Campaign Medal with Device (1960)
* AFEM (Korea)
* CMB
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)


8.  Item 30 (Remarks) of his DD Form 214 shows he served in Vietnam from 
12 October 1969 through 2 July 1970.

9.  His name does not appear on the Vietnam casualty listing.

10.  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 United States Army Human Resources Command, failed to reveal any orders for the PH pertaining to the applicant.

11.  His record contains a VA Form 00-3101-3 (Request for Information), dated 23 December 1982.  This form was prepared by the VA and requested confirmation of the following information, which was not verified by the records custodian:

* Item 25 (Alleged Disease or Injury) - Single Gunshot Wound (SGW)
* Item 26 (Dates of Treatment) - 23 and 24 November 1969
* Item 27 (Place of Treatment) - DUC PHO RVN, A Company 1st Squadron, 1st Cavalry Regiment
* Item 28 (Type) - Hospital

12.  He provided a VA rating decision, dated 8 March 1983.  Page 3 of this document shows the VA granted him a combined 10 percent (%) disability rating percentage for:

* Post-blast concussion with tinnitus
* Deafness, left ear, high tone
* Old Healed Fracture, tip of Lateral Malleolus, Right Ankle

13.  He also provided page 1 and page 4 of two subsequent VA rating decisions, dated 2 December 2000 and 10 December 2001, respectively.  These documents show his combined disability rating increased to 60% based on events surrounding injuries received on 23 November 1969, while serving in Vietnam.

14.  His records contain a Standard Form (SF) 180 (Request Pertaining to Military Records), dated 26 June 2001.  This form shows in section II (Information and/or Documents Requested), he stated he lost his orders for his BSM with “V” Device and PH.  He listed General Orders Number 84 (organization name and date of order not shown) for award of the PH.

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

16.  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 "excellent" conduct and efficiency ratings throughout his service.  His record is void of any derogatory information that could serve to disqualify him for this award.

17.  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.

18.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that during the period of his assignment with
1st Squadron, 1st Cavalry Regiment, Americal Division, his unit was cited for award of the:

* RVN Gallantry Cross with Palm Unit Citation for the period 24 August through 31 December 1969 by Department of the Army General Orders Number 42, dated 1972
* RVN Gallantry Cross with Palm Unit Citation for the period 31 March through 30 June 1970 by DAGO 42, dated 1972

19.  Department of the Army Pamphlet 672-3, paragraph 6 (Miscellaneous Information), states not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual.  Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.

20.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, 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, the applicant participated in the following four campaigns:


* Vietnam Summer-Fall 1969 (9 June to 31 October 1969)
* Vietnam Winter-Spring 1970 (1 November 1969 to 30 April 1970)
* DA Sanctuary Counteroffensive (1 May to 30 June 1970)
* Vietnam Counteroffensive, Phase VII (1 July 1970 to 30 June 1971)

21.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided, in pertinent part, for award of the PH.  The regulation stated that authority to award the PH was delegated to hospital commanders.  Further, it directed that all personnel treated and released within 24 hours will be awarded the PH by the organization to which the individual is assigned.  Personnel requiring hospitalization in excess of 24 hours or evacuation from Vietnam will be awarded the PH directly by the hospital commander rendering treatment.

22.  Army Regulation 600-8-22 states that the PH 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.

23.  Army Regulation 600-200, 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 (wounds) of the DA Form 20.  This regulation further stated that the date the wound or injury occurred would also be placed in item 40.

DISCUSSION AND CONCLUSIONS:

1.  It appears the date he sought medical treatment to have the fragment removed from his ankle was erroneously entered on his DA Form 20 as the date the wound was sustained.

2.  General Orders Number 2183 that awarded him the BSM with "V" Device confirms he was wounded on 23 November 1969, as a result of hostile action.  A VA Form 00-3101-3 indicates he was treated and hospitalized in Vietnam on
23 and 24 November 1969 as a result of these wounds.

3.  Although the applicant indicates on his SF 180 that he was issued the PH via general orders, these orders are not on file.  There are also no orders on ADCARS for the PH pertaining to the applicant and his name is not listed on the Vietnam casualty listing.  However, based on the available evidence contained in 


the citation on his BSM order, he is entitled to award of the PH and correction of his DD Form 214 to show this award.

4.  Evidence shows he received "excellent" conduct and efficiency ratings throughout his service with no courts-martial or a commander's disqualification.  Therefore, he is entitled to the first award of the AGCM for the period 2 July 1968 through 1 July 1971 and correction of his DD Form 214 to show this award.

5.  General orders cited his unit in Vietnam for two awards of the RVN Gallantry Cross with Palm Unit Citation during his period of assignment.  Although he is only authorized to wear one of these awards he is entitled to correction of his
DD Form 214 to show both of these unit awards.  Therefore, his DD Form 214 should be corrected accordingly.

6.  The applicant participated in four campaign phases during his service in Vietnam.  Therefore, he is entitled to four bronze service stars for wear on his already-awarded VSM and correction of his DD Form 214 to show these bronze service stars.

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.  deleting from item 24 of his DD Form 214 for the period ending 18 January 1973 the Vietnam Service Medal;

   b.  awarding him the Purple Heart for wounds received as a result of hostile action on 23 November 1969;

	c.  awarding him the Army Good Conduct Medal (1st Award) for the period
2 July 1968 through 1 July 1971; and
	d.  adding to item 24 of his DD Form 214 for the period ending 18 January 1973 the:

* Purple Heart
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)



      ____________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)                                         AR20100022615



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ABCMR Record of Proceedings (cont)                                         AR20100022615



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