IN THE CASE OF:	  

		BOARD DATE:	  14 April 2011

		DOCKET NUMBER:  AR20100025377 


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.  The applicant states that he was wounded when the armored personnel carrier (APC) he was riding on hit a mine and blew it up.

3.  The applicant provides an Army Commendation Medal (ARCOM) order 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's record shows he was inducted into the Army of the United States on 15 May 1957.  He was trained in and awarded military occupational specialty 11E (Armor Crewman).
3.  Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 26 October 1967 to 22 October 1968.  It also shows that during his RVN tour of duty he was assigned to 1st Squadron, 11th Armored Cavalry Regiment.

4.  Item 38 of the DA Form 20 also shows the applicant received excellent conduct and efficiency ratings at each of his active duty assignments.  His Official Military Personnel File (OMPF) is void of any derogatory information or a unit commander's disqualification that would have precluded him from receiving the AGCM.

5.  Item 40 (Wounds) of his DA Form 20 is blank and the PH is not included in the list of awards contained in item 41 (Awards and Decorations).  His record is also void of any orders or other documents that indicate he was ever recommended for or awarded the PH or CIB by proper authority while serving on active duty.

6.  Headquarters, Fort Polk, Fort Polk, Louisiana published Special Order Number 236 on 12 September 1967.  It shows the applicant qualified "sharpshooter" with the M-60 machine gun.

7.  Headquarters, II Field Force Vietnam, published General Order Number 1166 dated 14 September 1968, which announced the applicant's award of the ARCOM for heroism in connection with military operations against a hostile force on 25 January 1968.  It also shows:

   a.  that while conducting a convoy mission, the vehicle the applicant was riding on detonated an enemy mine totally disabling it and wounding the applicant and other members of the crew;
   
   b.  disregarding his own painful wounds and personal safety, the applicant rushed to the side of track commander who had been severely wounded; and
   
   c.  the applicant continued to aid the other wounded members of the crew and refused any medical attention for himself until the last wounded individual had been safely evacuated to a secure position.

8.  On 14 May 1969, the applicant was honorably released from active duty after completing 2 years of active service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show award of the PH.  

9.  Item 24 of the DD Form 214 shows the applciant earned the following awards:

* Vietnam Service Medal (VSM)
* ARCOM
* Combat Infantryman Badge (CIB)
* National Defense Service Medal (NDSM)
* RVN Campaign Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

10.  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 the PH pertaining to the applicant.

11.  Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy.  Paragraph 2-8 contains the regulatory guidance pertaining to award of the PH.  It states that in order to support award of the PH there must be evidence the wound for which the award is being made was received as a result of enemy action, the wound required treatment by medical personnel, and a record of this 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 VSM and states that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  A silver service star is used to denote five bronze service stars.  Appendix B shows that during his service in Vietnam participation credit was awarded for the following five campaigns:

* Vietnam Counteroffensive Phase III
* TET Counteroffensive
* Vietnam Counteroffensive Phase IV
* Vietnam Counteroffensive Phase V

13.  Army Regulation 672-5-1 (Awards) 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.  

14.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It confirms that during the applicant's tenure of assignment in the RVN, his unit (1st Squadron, 11th Armored Cavalry Regiment) earned the Presidential Unit Citation (PUC) and the RVN Gallantry Cross with Palm Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he should be awarded the PH for wounds he sustained in action while serving in the RVN.

2.  By regulation, in order to support award of the PH there must be evidence the wound for which the award is being made was received as a result of enemy action, the wound required treatment by medical personnel, and a record of this medical treatment must have been made a matter of official record.

3.  The evidence of record confirms the applicant was wounded while serving in the RVN when the vehicle he was riding on detonated an enemy mine totally disabling it, as evidenced in his ARCOM order awarded him for heroic actions performed on 25 January 1968.  The ARCOM order also confirms the applicant refused medical attention until the last member of the crew had been safely evacuated to a secure position.  Thus this order is the official record.  As a result, his claim of entitlement to the PH is corroborated by the ARCOM order and the regulatory burden of proof necessary to support award of the PH has been satisfied in this case.

4.  The evidence of record confirms the applicant received no less than “Excellent” conduct and efficiency ratings at each of his other active duty assignments as evidenced by his DA Form 20.  In addition, his OMPF is void of any derogatory information or a unit commander disqualification that would have precluded him from receiving the AGCM.  As a result, it would be appropriate to award him the AGCM for his qualifying period of honorable active duty service from 15 May 1967 through 14 May 1969 and to add this award to his record and DD Form 214 at this time.

5.  The evidence of record also confirms that based on his service and campaign participation in the RVN, the applicant is entitled to the PUC, RVN Gallantry Cross with Palm Unit Citation, 4 bronze service stars for wear on his already-awarded VSM, and machine gun bar with his already awarded Sharpshooter Marksmanship Qualification Badge with Rifle .  Therefore, it would be appropriate to add these awards to his DD Form 214 at this time.
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 PH for being wounded in action in the RVN on 25 January 1968;

	b.  deleting the current entry in item 24 of his DD Form 214 and replacing it with the:

* Purple Heart
* Army Commendation Medal
* Vietnam Service Medal with 4 bronze service stars
* Army Good Conduct Medal
* National Defense Service Medal
* Combat Infantryman Badge
* Republic of Vietnam Campaign Medal with Device 1960
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Presidential Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle and Machinegun Bars; and

	c.  issuing him a correction to his DD Form 214 to show these awards.



      _____________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)                                         AR20100025377





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ABCMR Record of Proceedings (cont)                                         AR20100025377



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