IN THE CASE OF:	  

		BOARD DATE:	    15 March 2011

		DOCKET NUMBER:  AR20100022913 


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 and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 5 January 1969 to show this award.

2.  He states he was not awarded the Purple Heart for wounds he received while serving in the Republic of Vietnam (RVN).

3.  He indicated he was providing his medical records, but no medical records were enclosed with his application.

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 enlisted in the Regular Army on 1 February 1966 and successfully completed basic training and advanced individual training.  He was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  He arrived in the RVN on 15 December 1967 and was assigned to Company C, 1st Battalion, 501st Infantry, 101st Airborne Division.

4.  On 3 April 1968, he departed the RVN and was assigned to the Medical Holding Company, 106th General Hospital, Japan.  On 24 July 1968, he was assigned to Headquarters, Fort Buckner, Okinawa.

5.  On 5 January 1969, he was honorably released from active duty in the rank of sergeant (SGT)/E-5 after completing 2 years, 11 months, and 5 days of creditable active service with no time lost.

6.  His DD Form 214 for the period ending on 5 January 1969 shows he was awarded:

* National Defense Service Medal
* RVN Campaign Medal with Device (1960)
* Vietnam Service Medal
* Parachutist Badge
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)

7.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) shows the entry, "Frag wnd Right thigh right shoulder 28Mar68" [fragment wound, right thigh and right shoulder – 28 March 1968].  Item 41 (Awards and Decorations) does not show award of the Purple Heart.

8.  There are no general orders in the applicant's service personnel records that show he was awarded the Purple Heart, but his name appears on the Vietnam casualty roster.  This record shows he was wounded as a result of hostile action on 27 March 1968.

9.  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 for the Purple Heart pertaining to him.

10.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  His records do not contain any adverse information and his DA Form 20 shows his conduct and efficiency ratings as "excellent" throughout his period of service.
 
11.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained 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.

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 participation credit was authorized for the following three campaigns:

* Vietnam Counteroffensive Phase VI (2 November 1968-22 February 1969)
* Tet 69 Counteroffensive 1969 (23 February-8 June 1969)

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that at the time of the applicant's assignment to 1st Battalion, 501st Infantry, the unit was cited for the following awards:

* RVN Gallantry Cross with Palm Unit Citation for the period 15 August 1968-14 May 1969 by Department of the Army General Orders (DAGO) Number 43, dated 1970
* RVN Civil Actions Honor Medal First Class Unit Citation for the period 18 March 1968-2 May 1970 by DAGO Number 48, dated 1971

14.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided policy and criteria concerning individual military decorations.  It 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 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.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service.

DISCUSSION AND CONCLUSIONS:

1.  There are no general orders awarding the applicant the Purple Heart.  His name is listed on the Vietnam casualty roster which shows he received injuries on 27 March 1968 and his DA Form 20 shows he received injuries on 28 March 1968.  These entries are accepted as sufficient to show the applicant was wounded as a result of hostile action.  Therefore, he is entitled to award of the Purple Heart for wounds sustained as a result of hostile action.

2.  It is noted that the applicant's DA Form 20 indicates he was wounded on 28 March 1968 while the Vietnam casualty roster indicates he was wounded on 27 March 1968.  In the absence of further evidence, the Vietnam casualty roster is accepted as the more accurate record to document the date of the wound.  Therefore, it is fair to presume that he was wounded as a result of hostile action on 27 March 1968.

3.  He was separated in the rank of SGT with 2 years, 11 months, and 5 days of creditable active service with no time lost and conduct and efficiency ratings of "excellent" throughout his period of service.  Therefore, it appears he met the eligibility criteria for award of the Army Good Conduct Medal (1st Award) for the period 1 February 1966 through 5 January 1969.  He should be awarded the Army Good Conduct Medal and it should be added to his DD Form 214.

4.  He was assigned to a unit during a period of time the unit was awarded the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

5.  His participation in three campaigns entitles him to wear three bronze service stars on his already-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 27 March 1968;
	b.  awarding him the Army Good Conduct Medal (1st Award) for the period 1 February 1966 through 5 January 1969; and

	c.  amending item 24 of his DD Form 214 to add:

* Purple Heart
* Army Good Conduct Medal (1st Award)
* RVN Gallantry Cross with Palm Unit Citation
* RVN Civil Actions Honor Medal First Class Unit Citation
* three bronze service stars to be worn on his already-awarded Vietnam Service Medal



      _______ _ 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)                                         AR20100022913



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ABCMR Record of Proceedings (cont)                                         AR20100022913



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