IN THE CASE OF:	  

		BOARD DATE:	  7 April 2011

		DOCKET NUMBER:  AR20100025060 


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 that his awards of the Purple Heart and the Combat Infantryman Badge (CIB) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states the Purple Heart orders were sent to Walter Reed General Hospital after he was discharged and he was awarded the Purple Heart at the Brown Veterans Hospital in Dayton, Ohio.  However, it was never added to his DD Form 214. 

3.  The applicant provides a copy of orders awarding him the CIB and a copy of his Purple Heart Certificate and photograph of him receiving the Purple Heart.

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 20 July 1965 for a period of 3 years under the airborne enlistment option.  He completed basic training at Fort Knox, Kentucky; advanced individual training as a light weapons infantryman at Fort Gordon, Georgia; and airborne training at Fort Benning, Georgia, before being transferred to Fort Bragg, North Carolina.

3.  He was initially assigned to the 3d Battalion, 325th Infantry Regiment.  On 25 April 1967, he was assigned to the 3d Battalion, 503d Infantry Regiment, 173d Airborne Brigade.

4.  On 3 October 1967 while serving in pay grade E-4, he was transferred to Vietnam with his unit for duty as a grenadier.

5.  On 10 November 1967 at 0130 hours near Toy Hoa, Republic of Vietnam, he received a gunshot wound to the left knee joint and was medically evacuated to the 91st Evacuation Hospital after being credited with participation in one campaign.  He was subsequently evacuated to the 249th General Hospital in Japan and then to Walter Reed General Hospital in Washington, DC.

6.  On 31 May 1968, he was retired and placed on the Temporary Disability Retired List (TDRL) in the rank of sergeant with a 30-percent disability rating.  He had served 2 years and 11 days of total active service and his DD Form 214 issued at the time of his REFRAD shows he was awarded the Vietnam Service Medal (VSM), the National Defense Service Medal, and the Parachutist Badge.

7.  On 30 November 1971, he was removed from the TDRL and he was permanently retired with a 30-percent disability rating on 1 December 1971.

8.  The applicant's records contain no evidence of having been awarded the Purple Heart and his name is not contained on the Vietnam casualty listing.  However, his records do show he had "excellent" conduct and efficiency ratings throughout his service and is void of any derogatory information that would serve to disqualify him for award of the Army Good Conduct Medal (AGCM).

9.  A search 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 orders awarding the applicant the Purple Heart.

10.  The orders provided by the applicant show he was awarded the CIB on 23 December 1967.

11.  The Purple Heart Certificate provided by the applicant shows he was awarded the Purple Heart for wounds received in action in Vietnam on 10 November 1967.

12.  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 by a medical officer, and the medical treatment must have been made a matter of official record.

13.  Army Regulation 600-8-22 states the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Individuals who qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and served for less than 6 months of service but:

* were wounded as a result of hostile action 
* were captured by hostile forces but later escaped or were rescued or released
* were killed in action or otherwise in the line of duty

are also entitled to award of the Republic of Vietnam Campaign Medal with Device (1960).

14.  Army Regulation 600-8-22 provides for the wear of a bronze service star on the appropriate service medal, to include the Vietnam Service Medal, for each campaign participation credit.

15.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the 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.

16.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and 


personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It shows that during the applicant's assignment, his unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  Although there are no orders present in the available records awarding him the Purple Heart, there is sufficient evidence contained in his records that shows he was wounded in Vietnam.  He was medically evacuated and was subsequently retired as the result of that injury.  Therefore, it is reasonable to presume he was, in fact, awarded the Purple Heart and that his orders did not make it to his records for filing.  Accordingly, he is entitled to have the Purple Heart added to his records at this time.

2.  The applicant has also provided orders which awarded him the CIB.  Accordingly, this award should be added to his records at this time.

3.  A review of the applicant's records show he had "excellent" conduct and efficiency ratings throughout his period of service and his records contain no derogatory information that would serve to disqualify him for the first award of the AGCM.  Therefore, it appears that the failure to award him the first award of the AGCM was the result of an administrative error.  Accordingly, he should be awarded the AGCM (1st Award) for the period 20 July 1965 to 31 May 1968 and his DD Form 214 should be corrected to show this award.

4.  The evidence of record also shows the applicant is qualified for award of the Republic of Vietnam Campaign Medal with Device (1960).  Accordingly, it should be awarded at this time and added to his records.

5.  The evidence of record shows the applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he served with the unit.  Accordingly, this unit award should be added to his records at this time.

6.  The evidence of record shows the applicant is eligible to wear one bronze service star on his already-awarded Vietnam Service Medal, and his DD Form 214 should be accordingly amended.



BOARD VOTE:

___X____  ___X____  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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:

* awarding him the AGCM (1st Award) for the period 20 July 1965 to 31 May 1968
* adding the Purple Heart, the AGCM (1st Award), the CIB, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Campaign Medal with Device (1960) to his DD Form 214
* adding one bronze service star for wear on his already-awarded Vietnam Service Medal

2.  The Board wants the applicant and all others to know the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      __________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)                                         AR20100025060



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ABCMR Record of Proceedings (cont)                                         AR20100025060



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