BOARD DATE:	  10 May 2011

		DOCKET NUMBER:  AR20100026894 


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.

2.  The applicant states he was wounded in combat and never received his Purple Heart award.

3.  The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), a DA Form 8-275-3 (Clinical Record Cover Sheet), and a Standard Form 513 (Clinical Record - Consultation Sheet). 

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 military records show he was inducted into the Army of the United States on 27 February 1969.  He completed initial entry training, was awarded the military occupational specialty of armor reconnaissance specialist, and was promoted to pay grade E-4.

3.  His DA Form 20 (Enlisted Qualification Record) shows he performed duties as a scout driver while assigned to B Troop, 1st Squadron, 1st Cavalry, Americal Division while in the Republic of Vietnam during the period 12 August 1969 to 25 September 1970.

4.  A DA Form 8-275-3 shows he was wounded in action with an open penetrating wound to the left leg.  It further shows he was struck by hostile grenade fragments on or about 3 May 1970 near Tam Ky, Vietnam.

5.  Item 40 (Wounds) of his DA Form 20 shows he received a fragmentary wound to his left leg on 3 May 1970.

6.  He was honorably released from active duty on 29 September 1970 after completing 1 year, 7 months, and 3 days of creditable active service.

7.  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, Combat Infantryman Badge, Army Commendation Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), and two overseas service bars.

8.  Review of the Vietnam Casualty List shows he was listed as "hostile wounded in action, not serious, hospitalized" on 3 May 1970. 

9.  His records do not contain any evidence that indicates he was ever awarded the Purple Heart by proper authority.

10.  His records are void of any orders or other documents that indicate he was ever recommended for or awarded the Army Good Conduct Medal by proper authority.  His DA Form 20 shows all "excellent" conduct and efficiency ratings.  There are no adverse actions recorded in the available records and no disqualification by his chain of command.

11.  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 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.
12.  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 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.  

13.  Appendix B of Army Regulation 600-8-22 shows the campaigns for Vietnam.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  During the applicant's tour of duty in Vietnam he participated in the following campaigns:

* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)
* DA Sanctuary Counteroffensive (1 May - 30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)
 
14.  Department of the Army Pamphlet 672-3 shows the unit the applicant was assigned to while serving in the Republic of Vietnam was awarded the Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 42, dated 1972.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DA Form 20 shows he was wounded on 3 May 1970 and a DA Form 8-275-3 shows he was wounded in action in Vietnam.  His name is listed on the Vietnam Casualty List validating that he was wounded in action on 3 May 1970.  Therefore, there is sufficient evidence to show he is entitled to award of the Purple Heart and correction of his records to show this award.

2.  He was awarded the Vietnam Service Medal and his records show he participated in four campaigns while serving in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show his already-awarded Vietnam Service Medal with four bronze service stars.

3.  He completed a period of qualifying service ending with the termination of a period of Federal military service.  He had "excellent" conduct and efficiency ratings throughout his tenure of service.  There is no record of any disciplinary action taken against him or disqualification by his chain of command.  Therefore, it would be appropriate to award him the Army Good Conduct Medal for the period 27 February 1969 through 29 September 1970 and add this award to his DD Form 214.

4.  His unit was awarded the RVN Gallantry Cross with Palm Unit Citation during the period he was assigned to the unit; therefore, this unit award should be added to his DD Form 214.

5.  In view of the foregoing, his records should be corrected as shown below.

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 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 received on 3 May 1970 and the Army Good Conduct Medal (1st Award) for the period 27 February 1969 through 29 September 1970; and

	b.  deleting the Vietnam Service Medal from his DD Form 214; 

   c.  adding to item 24 of his DD Form 214 the Purple Heart, Army Good Conduct Medal, Vietnam Service Medal with four bronze service stars, and RVN Gallantry Cross with Palm 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)                                         AR20100026894



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ABCMR Record of Proceedings (cont)                                         AR20100026894



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