BOARD DATE:	  26 April 2011

		DOCKET NUMBER:  AR20100026408 


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, in effect, to be awarded the Purple Heart.

2.  The applicant states he was injured in Vietnam.  He was hospitalized for 
1-2 weeks in Cam Ranh Bay and sent back to his unit after recovering.

3.  The applicant provides no additional evidence.

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 served on active duty in the Army of the United States from 18 April 1968 through 17 April 1970 in military occupational specialty 11B (Light Weapons Infantryman).

3.  The applicant's service medical records show he received treatment for a fragment wound to his left ear with a punctured tympanic membrane (eardrum).  The wound occurred on 12 April 1969 and was found to have been in the line of duty.

4.  A Western Union telefax to the applicant's family states the applicant was slightly wounded in action on 12 April 1969 when he was struck by fragments from an artillery strike directed at a hostile force while on a combat operation.

5.  The applicant was released from active duty on 17 April 1970 with 2 years of creditable service.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) lists his awards as the National Defense Service Medal, Vietnam Service Medal with four bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), Combat Infantryman Badge, Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar, Army Commendation Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Expert Marksmanship Qualification Badge with Rifle Bar.

6.  His DA Form 20 (Enlisted Qualification Record) provides the following:

	a.  advancement to specialist four/E-4 on 6 January 1969;

	b.  service in Vietnam from 21 September 1968 through 14 September 1969;

	c.  his duty assignments in Vietnam were with:

		(1)  Company C, 1st Battalion, 50th Infantry Regiment, 173rd Airborne Brigade, from 2 October 1968 through 21 February 1969 and

		(2)  Company A, 2nd Battalion, 506th Infantry Regiment, from 9 March 1969 through 7 September 1969;

	d.  his reported conduct and efficiency ratings were exclusively "excellent";

	e.  participation in four campaigns;

	f.  receipt of a fragment wound to his ear on 12 April 1969; and

	g.  award of the National Defense Service Medal, Vietnam Service Medal, Combat Infantryman Badge, Republic of Vietnam Campaign Medal with Device (1960), Army Commendation Medal, "MCAFL GC/WP," Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar, Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), Marksman Marksmanship Qualification Badge with Grenade Bar, and Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

7.  The applicant's record contains no derogatory entries, disciplinary actions, nonjudicial punishment, or courts-martial that would suggest he was considered not eligible for award of the Army Good Conduct Medal.

8.  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 that while the applicant was assigned to:

	a.  Company C, 1st Battalion, 50th Infantry Regiment, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation (by Department of Army General Orders (DAGO) Number 51, dated 1971) and 

	b.  Company A, 2nd Battalion, 506th Infantry Regiment, it was cited for award of the Presidential Unit Citation, Republic of Vietnam Gallantry Cross with Palm Unit Citation (by DAGO Number 43, dated 1970), and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

	c.  This pamphlet also notes that not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual.  Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The Purple Heart is awarded for a wound sustained in action against an enemy or 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 medical personnel, and the medical treatment must have been made a matter of official record.  In 1996, the criteria was amended to provide for award of the Purple Heart to individuals wounded or killed as a result of “friendly fire” in the “heat of battle” as long as the “friendly” projectile or agent was released with the full intent of inflicting damage or destroying enemy troops or equipment.

	b.  The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of 

active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  At that time, a single conduct or efficiency rating of less than "excellent" was disqualifying, although a "good" academic rating in a service school was not disqualifying.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  Current practice requires that the commander provide written notice of unfavorable consideration and permits the individual to respond.  At that time, non-favorable consideration was normally noted on the DA Form 20.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states he received an injury and was hospitalized for treatment for 1-2 weeks before returning to his unit.

2.  The applicant's record shows he was wounded in action on 12 April 1969 and received treatment that is a matter of official record.  The evidence of record indicates he was wounded as a result of friendly fire, which would account for his not receiving the Purple Heart at the time.  However, as later amended, it appears he meets the criteria for award of the Purple Heart and, therefore, he is entitled to award of the Purple Heart.

3.  The applicant distinguished himself by his conduct, efficiency, and fidelity as evidenced by his combat service, his conduct and efficiency ratings, his personal decorations, and his promotion to E-4.  The record contains no indication of any disqualifying incidents or recommendations.  It is appropriate to award the applicant the Army Good Conduct Medal (1st Award) for his period of service from 18 April 1968 through 17 April 1970.

4.  Awards of the Marksman Marksmanship Qualification Badge with Rifle Bar 
(M-14) and the Marksman Marksmanship Qualification Badge with Grenade Bar were omitted from the applicant's DD Form 214.  It is appropriate to correct this omission.

5.  In addition to the awards listed on his DD Form 214, the applicant is also authorized the Presidential Unit Citation, Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award), and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.


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 being wounded in action on 12 April 1969;

	b.  awarding him the Army Good Conduct Medal (1st Award) for his period of service from 18 April 1968 through 17 April 1970; and

	c.  amending his DD Form 214 to include awards of the Purple Heart, Army Good Conduct Medal (1st Award), Presidential Unit Citation, Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award), and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.



      ___________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)                                         AR20100026408



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ABCMR Record of Proceedings (cont)                                         AR20100026408



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