IN THE CASE OF:	  

		BOARD DATE:	  7 April 2011

		DOCKET NUMBER:  AR20100023912 


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.  He states he was issued the Purple Heart, but it was never put on his DD Form 214.  

3.  He provides a self-authored statement and his DD Form 214.  

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 29 March 1968 for a period of three years.  His highest rank/pay grade attained was specialist four (SP4), E-4.  
3.  His DA Form 20 (Enlisted Qualification Record) shows in:

* Item 31 (Foreign Service) – he served in Vietnam from 9 October 1968 to 18 September 1969
* Item 38 (Record of Assignments) - he was hospitalized in a patient status from 8 September to 6 December 1969 and received "excellent" conduct and efficiency ratings and two ratings of "unknown" during his period of service
* Item 40 (Wounds) – sustained fragment wound to his right leg on 10 September 1969 
* Item 41 (Awards and Decorations) – does not list the Purple Heart

4.  His service record does not contain any orders which show he was awarded the Purple Heart.  The Vietnam Casualty Roster does not list his name.  

5.  He was honorably released from active duty on 22 March 1971 in the rank of SP4.  He completed 2 years, 11 months, and 23 days of active military service with no time lost.  His service record does not contain any disciplinary actions or a commander's disqualification for award of the Army Good Conduct Medal.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal
* one Overseas Service Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bars (M-14 and M-16)

7.  He provided a self-authored statement in support of his claim.  He stated he:  

* would like his Purple Heart on his DD Form 214
* received the medal in Schweinfurt, Germany in 1970 while assigned to the 3rd Armored Division
* earned the medal in Vietnam while assigned to the 198th Infantry Brigade
* was medically evacuated from the 198th Infantry Brigade to Cameron Bay, Vietnam and subsequently transferred to Japan, Anchorage, AK, Pittsburg, PA, and Fort Campbell, KY



8.  A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), 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 orders for the Purple Heart pertaining to the applicant.  

9.  ADCARS revealed he was awarded the Army Commendation Medal for meritorious service from October 1968 to October 1969 by General Orders Number 9221, dated 10 September 1969.  

10.  References:  

   a.  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 the 1st Battalion, 6th Infantry Regiment, this unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 24 August to 31 December 1969 by Department of the Army General Orders Number 42, dated 1972.

	b.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart 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.

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

   d.  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, he participated in the Vietnam Counteroffensive Phase V, Vietnam Counteroffensive Phase VI, Tet 69/Counteroffensive, and Vietnam Summer - Fall 1969 campaigns.  



   e.  Army Regulation 672-5-1 (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 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s service record does not contain orders which authorize him award of the Purple Heart.  However, his DA Form 20 shows he was wounded in action on 10 September 1969 in Vietnam and he was transferred to a military hospital.  This available evidence is sufficient to correct his DD Form 214 to show the Purple Heart.

2.  It appears he has met the regulatory requirements for the first award of the Army Good Conduct Medal for a qualifying period from 29 March 1968 through 22 March 1971.  His service record shows he received "excellent" conduct and efficiency ratings and two ratings of "unknown" and he was advanced to SP4 during this period.  His ratings of "unknown" are not disqualifying factors for the first award of the Army Good Conduct Medal.  Therefore, he is entitled to the first award of the Army Good Conduct Medal and correction of his DD Form 214 to show this award.

3.  General orders awarded him the Army Commendation Medal; therefore, this award should be added to his DD Form 214.  

4.  General orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation for actions during his period of service.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

5.  The applicant’s DD Form 214 currently reflects the Vietnam Service Medal.  Additionally, he received credit for participation in four campaigns during the Vietnam War.  Therefore, his DD Form 214 should be amended to reflect four bronze service stars for wear 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 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.  awarding him the Purple Heart for wounds sustained on 10 September 1969; 

   b.  awarding him the Army Good Conduct Medal for the period 29 March 1968 through 22 March 1971; and 

   c.  amending item 24 of his DD Form 214 by adding the Purple Heart, Army Good Conduct Medal, Army Commendation Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and four bronze service stars for wear 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)                                         AR20100023912





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ABCMR Record of Proceedings (cont)                                         AR20100023912



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