BOARD DATE:	  7 June 2011

		DOCKET NUMBER:  AR20100027664 


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 DD Form 214 has no record of his being hurt or receiving a Purple Heart
* He was wounded in Vietnam and he was on the USS Repose in December 1969 to January 1970
* His injuries included a cut across his forehead and shrapnel in his right arm and back

3.  The applicant provides 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 was inducted into the Army of the United States on 22 April 1969.  He arrived in Vietnam on 15 November 1969.  He served as a light weapons infantryman assigned to Company C, 1st Battalion, 61st Infantry in Vietnam from 21 November 1968 to 26 November 1968.  He was assigned to Company B, 1st Battalion, 61st Infantry in Vietnam from 27 November 1969 to 7 November 1970.  On 8 November 1970, he was released from active duty in the rank of specialist four after completing 1 year, 6 months, and 17 days of creditable active service with no time lost.

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, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Combat Infantryman Badge, two Overseas Service Bars, and Sharpshooter Marksmanship Qualification Badge with Rifle Bars (M-14 and M-16) as authorized awards.

4.  There are no orders for the Purple Heart in the available records.  However, a Western Union telegram, dated 22 December 1969, shows he was slightly wounded in action in Vietnam on 20 December 1969 while on a combat operation when a hostile force was encountered.  He received minor soft tissue wounds to the left temporal area, right elbow, and left buttock.

5.  The Vietnam casualty roster shows he was wounded on 20 December 1969. 

6.  A review 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 any orders for award of the Purple Heart pertaining to the applicant.

7.  Orders, dated 12 July 1970, show he received the Army Commendation Medal.

8.  There is no evidence the applicant received the first award of the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.  His records show he received conduct and efficiency ratings of "excellent" throughout his service.

9.  Records show he participated in three campaigns during his assignment in Vietnam.
10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows the applicant's unit, 1st Battalion, 61st Infantry, at the time of his assignment was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Orders (DAGO) Number 24, dated 1972.

11.  DAGO Number 8, 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.

12.  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.  

13.  Army Regulation 672-5-1 (Awards), in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that 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 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.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service.

14.  Army Regulation 600-8-22 authorizes award of a bronze service star based on qualifying service for each campaign listed in appendix B and states that authorized bronze service stars will be worn on the appropriate service medal, including the Vietnam Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  The Western Union telegram and entry on the Vietnam casualty roster which show he was wounded on 20 December 1969 in Vietnam are accepted as sufficient evidence on which to base award of the Purple Heart.    

2.  Orders show he received the Army Commendation Medal.  His DD Form 214 should be corrected to show this medal.

3.  He was released from active duty in the rank of specialist four with 1 year, 6 months, and 17 days of creditable active service with no time lost.  His records also show he received "excellent" conduct and efficiency ratings throughout his period of service with no disciplinary action or a commander's disqualification.  It appears the applicant met the eligibility criteria for the first award of the Good Conduct Medal for the period 22 April 1969 through 8 November 1970 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  His DD Form 214 should be corrected to show this award.

4.  He participated in three campaigns during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with three bronze service stars.  His DD Form 214 should be corrected to show this award.

5.  His unit was cited for the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it.  His DD Form 214 should be corrected to show this unit award.

6.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam.  The applicant served in Vietnam during a qualifying period and is eligible for this award.  Therefore, it would be appropriate to add this foreign unit award to his DD Form 214.

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 Purple Heart for wounds received in action on 
20 December 1969 in Vietnam;


	b.  awarding him the Good Conduct Medal (1st Award) for the period 
22 April 1969 to 8 November 1970; and

	c.  adding the Purple Heart, Good Conduct Medal (1st Award), Army Commendation Medal, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and three bronze service stars for wear on his already-awarded Vietnam Service Medal to item 24 of his DD Form 214.     




      _______ _ 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)                                         AR20100027664



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ABCMR Record of Proceedings (cont)                                         AR20100027664



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