BOARD DATE:	  2 June 2011

		DOCKET NUMBER:  AR20110002174 


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 his hand was wounded by shrapnel and he was hospitalized for almost two weeks.

3.  The applicant did not provide any 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's record shows he enlisted in the Regular Army on 17 February 1969.  He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 11C (Indirect Fire Crewman).  The highest rank/grade he attained while serving on active duty was specialist four (SP4)/E-4.

3. The applicant served in the Republic of Vietnam (RVN) from 17 July 1969 through 11 July 1970.  He was assigned to Company E, 3rd Battalion, 506th Infantry Regiment, performing duties in MOS 11C as an ammunition bearer.

4.  The Standard Form (SF) 600 (Chronological Record of Medical Care) in the applicant's record shows he was wounded in action (WIA) and he was treated for a soft tissue wound to his hand on 2 April 1970.  

5.  Records show that on 6 April 1970 the wound had not healed well enough to return him to field duty.  The applicant was returned to rear duties for an additional two days.

6.  Orders show the applicant was awarded the Combat Infantryman Badge (CIB) on 13 July 1970.

7.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings during his entire period of service.  On 15 March 1970, the applicant received nonjudicial punishment for being disrespectful in language toward a noncommissioned officer.  A commander's disqualification for award of the Army Good Conduct Medal (AGCM) is not present in the applicant's record.

8.  On 16 February 1971, he was honorably released from active duty after completing 2 years of creditable active service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) he was issued at the time shows the:

* Bronze Star Medal
* Army Commendation Medal
* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)

9.  During the processing of this case, a member of the Board's staff reviewed the Department of the Army Vietnam casualty listing.  The applicant's name was not included on the listing.


10.  Army Regulation 600-8-22 (Military Awards) provides that the PH 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. 

11.  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 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.  There must have been no convictions by a court-martial.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during his assignment to 3rd Battalion, 506th Infantry Regiment, his unit was cited for the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 18 March 1968 through May 1970 by Department of the Army General Order (DAGO)
Number 48, dated 1971.

13.  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.  Paragraph 6d states that Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam, and its subordinate units, during the period 20 July 1965 to 28 March 1973.

14.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, the applicant participated in the following four campaigns:

* Vietnam Summer-Fall 1969 (9 June 1969-31 October 1969)
* Vietnam Winter-Spring 1970 (1 November 1969-30 April 1970)
* DA Sanctuary Counteroffensive (1 May 1970-30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970-30 June 1971)


DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he is entitled to award of the PH.  There is sufficient evidence to support this contention.

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

3.  The evidence of record shows the applicant was wounded in action.  Medical treatment was required and made a matter of official record as shown on the applicant's SF 600.  As a result, the regulatory burden of proof necessary to support award of the PH has been met.  Therefore, he is entitled to award of the Purple Heart for wounds received in action on 2 April 1970 and correction of his DD Form 214 to show this award.

4.  The applicant received "excellent" conduct and efficiency rating throughout his service.  There is no evidence of a commander's disqualification for award of the AGCM.  Although he did receive non-judicial punishment, it was for a minor offense.  Therefore, he is eligible for the first award of the AGCM for the period 17 February 1969 through 16 February 1971 and correction of his DD Form 214 to show this award.

5.  While the applicant was assigned to his unit, it was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

6.  All units in the RVN were cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the applicant's period of assignment.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

7.  Records show he was previously awarded the VSM with two bronze service stars.  Evidence shows he participated in four campaigns phases during his RVN service.  Therefore, he is entitled to correction of his DD Form 214 to show
four bronze service stars.

8.  Orders show he was awarded the CIB.  Therefore, his DD Form 214 should be corrected to show this badge.


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.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal with two bronze service stars;

	b.  awarding him the Purple Heart for wounds received in action on 2 April 1970 while in the RVN;

	c.  awarding him the Army Good Conduct Medal (1st Award) for the period
17 February 1969 through 16 February 1971; and

	d.  adding to item 24 of his DD Form 214 the:

* Purple Heart
* Army Good Conduct Medal (1st Award)
* Combat Infantryman Badge
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* 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)                                         AR20110002174



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ABCMR Record of Proceedings (cont)                                         AR20110002174



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