IN THE CASE OF:	  

		BOARD DATE:	  14 April 2011

		DOCKET NUMBER:  AR20100024622 


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 (Report of Transfer or Discharge) to show award of the Purple Heart.

2.  The applicant states:

* his reconnaissance unit was ambushed about mid-June 1971 in Vietnam
* they were hit with rocket-propelled grenades and automatic fire and he was wounded in the neck
* he went to the hospital and was awarded the Purple Heart
* he has the medal in his possession

3.  The applicant provides:

* a Department of Veterans Affairs (VA) Form 21-4138 (Statement in Support of Claim)
* a VA Form 21-4142 (Authorization and Consent to Release Information to the VA)
* 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.  He enlisted in the Regular Army on 4 September 1970 for a period of 3 years.  He served as a light weapons infantryman assigned to Company B and Headquarters and Headquarters Company, 1st Battalion, 61st Infantry,
1st Infantry Brigade, 5th Infantry Division in Vietnam from 5 March 1971 through 10 July 1971.  He was assigned to Company D, 51st Infantry in Vietnam from 
11 July 1971 to 24 January 1972.  On 27 January 1972, he departed Vietnam en route to his next assignment at Fort Benning, GA.  On 31 August 1973, he was released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation.  

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

* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal with two bronze service stars
* Combat Infantryman Badge
* one overseas service bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

4.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) show he received "excellent" conduct and efficiency ratings throughout his service.  There is no derogatory information or a commander's disqualification for award of the Army Good Conduct Medal contained in his records.

5.  There are no orders for the Purple Heart in the available records.  However, item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) shows the entry "shrapnel to left side of neck - 18 June 1971."

6.  The applicant's name does not appear on the Vietnam casualty roster.


7.  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 United States Army Human Resources Command, failed to reveal any orders for award of the Purple Heart pertaining to the applicant.

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained 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.  

9.  Army Regulation 600-200 (Enlisted Personnel Management System),
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 (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.

10.  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.  There must have been no convictions by a court-martial.

11.  Army Regulation 600-8-22, 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 three campaigns:

* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)
* Consolidation I (1 July - 30 November 1971)
* Consolidation II (1 December 1971 - 29 March 1972)

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the 1st Battalion, 61st Infantry, was cited for 


award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 8 February through 30 April 1971 by Department of the Army General Order Number 42, dated 1972.

13.  Army Regulation 670-1 (Wear and Appearance of Army Uniform and Insignia) governs the requirements for the overseas service bar.  It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message.  There are special provisions regarding authorization for the overseas service bar for service in a hostile fire zone and for combining service to calculate award of the bars.  For Vietnam service, one overseas service bar was authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the overseas service bar.

DISCUSSION AND CONCLUSIONS:

1.  The entry in item 40 of the applicant's DA Form 20 which shows he was wounded on 18 June 1971 is accepted as sufficient evidence in which to show that he was awarded the Purple Heart.  Therefore, his DD Form 214 should be corrected to show this award.

2.  The applicant received "excellent" conduct and efficiency ratings throughout his service, with no derogatory information or a commander's disqualification in his available records.  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.  His DD Form 214 shows the Vietnam Service Medal with two bronze service stars.  However, he participated in three campaigns phases during his service in Vietnam.  Therefore, he is entitled to three bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show his authorized bronze service stars.

4.  His DD Form 214 shows one authorized overseas service bar; however, based on his service in Vietnam from 17 February 1971 to 24 January 1972 and based on calculating credit toward the overseas service bar during the Vietnam era, he served for a total of 12 months, beginning and ending months inclusive.  Therefore, he is entitled to two overseas service bars and correction of his
DD Form 214 accordingly.

5.  His unit in Vietnam was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

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 the Vietnam Service Medal with two bronze service stars and one overseas service bar;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period
4 September 1970 through 31 August 1973; and

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

* Purple Heart
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* two overseas service bars



      _______ _  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)                                         AR20100024622



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ABCMR Record of Proceedings (cont)                                         AR20100024622



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