IN THE CASE OF:	

		BOARD DATE:	  20 September 2011

		DOCKET NUMBER:  AR20110004254 


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 that the Purple Heart and other awards he may be entitled to be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states his Purple Heart was left off his DD Form 214.

3.  The applicant provides a letter from the National Personnel Records Center, a copy of his Purple Heart Certificate, and a copy of 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, 
and 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 was inducted into the Army of the United States on                     23 September 1968.  He completed basic combat and advanced individual training awarding him military occupational specialty 11B (light weapons infantryman).  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam during the period of 1 March 1969 through 26 April 1970. The highest rank he attained while serving on active duty was sergeant     (SGT/E-5).

3.  The applicant provided a copy of a certificate for the Purple Heart, dated      19 May 1969.  The certificate states he was wounded in action on 2 May 1969.

4.  Item 40 of the applicant's DA Form 20 (Enlisted Qualification Record) shows he sustained a fragment wound to his left leg on 2 May 1969.

5.  The applicant's records show he was assigned to a 7th field hospital on 
16 May 1969.

6.  The applicant's name was not listed on the Vietnam Casualty Report.

7.  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 Purple Heart pertaining to the applicant.

8.  Army Regulation 600-200 (Enlisted Personnel Management), chapter 9 of the version in effect at the time, stated, in pertinent part, that a brief description of wounds or injuries (including injury from gas) requiring medical treatment received through hostile or enemy action, including those requiring hospitalization would be entered in item 40 (wounds) of the DA Form 20.  This regulation further stated that the date the wound or injury occurred would also be placed in item 40.

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or 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.

10.  A review of the applicant's record shows he is entitled to additional awards and decorations.

11.  Army Regulation 600-8-22 provides for award of the Vietnam Campaign Medal, correctly known as the Republic of Vietnam Campaign Medal with Device (1960).  This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.

12.  Army Regulation 600-8-22 states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  Qualifying service also included temporary duty for 30 consecutive days or 60 nonconsecutive days in Vietnam or contiguous areas, except that the time limit may be waived for personnel participating in actual combat operations.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.  A silver service star is authorized in lieu of five bronze service stars. Appendix B shows that during his service in Vietnam, participation credit was awarded for the following campaigns:

* Tet 69/Counteroffensive, 23 February - 8 June 1969
* Vietnam Summer - Fall 1969, 9 June - 31 October 1969
* Vietnam Winter - Spring 1970, 1 November 1969 - 30 April 1970
* Sanctuary Counteroffensive, May - 30 June 1970

13.  The applicant served in Vietnam with Company B, 1st Battalion (AML) 502nd Infantry during the period of 1 March 1969 through 7 July 1969.  Department of the Army General Orders (DAGO) honored his unit with the following awards during this period:

* Valorous Unit Award - 12 March 1969 - 8 May 1969, DAGO 2, dated 1971
* Republic of Vietnam Gallantry Cross with Palm Device - 15 August 1968 - 14 May 1969, DAGO 43, dated 1970
* Republic of Vietnam Civil Actions Honor Medal First Class - 18 March 1968 - 2 May 1970, DAGO 48, dated 1971

14.  A review of the applicant's service record shows no derogatory information in the form of lost time, nonjudicial punishment, or suspension of favorable personnel actions that would disqualify him for the first award of the Army Good Conduct Medal during the period 23 September 1968 through 27 April 1970.  

15.  There are also no entries in his record to indicate that his commanders denied him award of the Army Good Conduct Medal during this period of service.
16.  Army Regulation 600-8-22 states 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.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request that the Purple Heart and other awards he may be entitled to be added to his DD Form 214 was carefully considered and determined to have merit.

2.  Item 40 of the applicant's DA Form 20 and other documents in the applicant's record show that he was treated in a hospital for wounds sustained in action on 
2 May 1969.  Therefore, he is entitled to award of Purple Heart.

3.  The applicant's record shows his service in Vietnam met the time requirements for award of the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, he is entitled to have his DD Form 214 corrected to show this award.

4.  Records show the applicant participated in four campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these service stars.

5.  General orders awarded the applicant's unit the Valorous Unit Award during a period of time the applicant was assigned in Vietnam.  Therefore, he is entitled to have his DD Form 214 corrected to show this award.

6.  General orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Device during a period of time the applicant was assigned in Vietnam.  Therefore, he is entitled to have his DD Form 214 corrected to show this award.

7.  General orders awarded the applicant's unit the Republic of Vietnam Civil 
Actions Honor Medal First Class during a period of time the applicant was 
assigned in Vietnam.  Therefore, he is entitled to have his DD Form 214 corrected to show this award.

8.  The evidence of record confirms he served honorably on active duty during the period of 23 September 1968 through 27 April 1970.  
9.  His record is void any evidence that shows he had lost time or that he received nonjudicial punishment or court-martial action during that period of service.  

10.  There is no evidence of a suspension of favorable personnel actions or that his commander denied him award of the Army Good Conduct Medal during his period of service.  

11.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award him the Army Good Conduct Medal during the period of 23 September 1968 through 27 April 1970 and to correct his DD Form 214 to show this award.

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 the applicant the Purple Heart for wounds sustained in action on 2 May 1969;

	b.  awarding the applicant the Army Good Conduct Medal (1st Award) for the period of 23 September 1968 through 27 April 1970, in the Republic of Vietnam; and

	c.  adding the following awards to item 24 of the applicant's DD Form 214:

* Purple Heart for wounds sustained in action, on 2 May 1969, in the Republic of Vietnam
* Republic of Vietnam Campaign Medal with Device (1960)
* four bronze service stars to be affixed to his previously awarded Vietnam Service Medal 
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Device
* Republic of Vietnam Civil Actions Honor Medal First Class
* Good Conduct Medal for the period of 23 September 1968 through    27 April 1970




      _______ _   __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)                                         AR20110004254



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ABCMR Record of Proceedings (cont)                                         AR20110004254



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