IN THE CASE OF:	  

		BOARD DATE:	  29 September 2011

		DOCKET NUMBER:  AR20110004689 


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 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the:

* Purple Heart
* Bronze Star Medal

2.  He states although he received the Purple Heart and the Bronze Star Medal in person, they are not annotated on his DD Form 214.

3.  He provides:

* Purple Heart Certificate
* Bronze Star Medal Certificate

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.  His record shows he was inducted into the Army of the United States on 19 June 1969 and held military occupational specialty 11B (Light Weapons Infantryman).  On 19 March 1971, he was released from active duty with an honorable characterization of service and transferred to the U.S. Army Reserve Control Group (Annual Training).  The highest rank/pay grade he attained while serving on active duty was specialist four/E-4.

3.  His record contains Special Orders Number 291, dated 18 October 1969, awarding him the Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60).

4.  The applicant's record contains a Western Union Telegram, dated 7 April 1970, wherein the Department of the Army Adjutant General (TAG) informed his parents that he had been slightly wounded in his right ear as the result of an attack by a hostile force.  The telegram also informed that the applicant had been treated and hospitalized in Vietnam.  His record also contains a Casualty Message corroborating this fact.

5.  His record contains General Orders Number 9614, dated 19 August 1970, awarding him the Air Medal for meritorious achievement while participating in aerial flight in the Republic of Vietnam during the period 22 September 1969 through 20 May 1970.

6.  His record contains General Orders Number 12151, dated 1 October 1970, awarding him the Bronze Star Medal for meritorious service in connection with ground operations against a hostile force in the Republic of Vietnam during the period 1 December 1969 through 30 September 1970.  He provides a certificate presented to him which reflects the same information.

7.  His DA Form 20 (Enlisted Qualification Record) contains the following pertinent information:

	a.  Item 31 (Foreign Service) shows he served in the Republic of Vietnam from 13 November 1969 through 27 October 1970.

	b.  Item 38 (Record of Assignments) shows that during his tour of duty in the Republic of Vietnam he served in 1st Battalion (Airmobile), 506th Infantry Regiment as:

* a Rifleman assigned to Headquarters and Headquarters Company on 6 December 1969
* a Rifleman assigned to Company D from 7 December 1969 through 19 May 1970
* an Armorer assigned to Headquarters and Headquarters Company from 20 May through 22 October 1970

	c.  Item 38 also shows he received conduct and efficiency ratings of "excellent" for each of his duty assignments.  His record does not contain any derogatory information or a record of a commander's disqualification for award of the Army Good Conduct Medal.

	d.  Item 40 (Wounds) shows he sustained fragmentation wounds to his right ear temporal area on 7 April 1970.

	e.  Item 41 (Awards and Decorations) does not show award of the Purple Heart or the Bronze Star Medal.

8.  The DD Form 214 issued to him at the time of separation shows the following pertinent information:

	a.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded or authorized to wear the:

* Army Commendation Medal
* National Defense Service Medal
* Vietnam Service Medal with 2 bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Marksman Marksmanship Qualification Badge with Rifle Bar

	b.  Item 30 (Remarks) shows he served in the Republic of Vietnam from 13 November 1969 through 27 October 1970.

9.  There is no evidence in the available record showing he was awarded the Purple Heart.  However, his name does appear on the Republic of Vietnam Casualty Roster.




10.  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 U.S. Army Human Resources Command, failed to reveal any orders for the Purple Heart pertaining to the applicant.

11.  The applicant provides a Purple Heart Certificate which shows he was awarded the Purple Heart for wounds received in action in the Republic of Vietnam.

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

13.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

14.  Army Regulation 600-8-22 (Military Awards) provides for award of the Vietnam Service Medal. Appendix B shows the campaigns for Vietnam.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  During his tour in Vietnam he participated in three campaigns:

* Vietnam Winter-Spring 1970
* DA Sanctuary Counteroffensive
* Vietnam Counteroffensive Phase VII

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows unit awards received by units serving in the Republic of Vietnam.  This regulation shows the unit to which the applicant was assigned while serving in the Republic of Vietnam were cited for the following awards for accomplishments during his tenure:

* the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Order (DAGO) Number 8, dated 1974; and
* the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by DAGO Number 48, dated 1971.

16.  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 the wound was the result of hostile action, the wound must have been treated by medical personnel, and the medical treatment must have been made a matter of official records.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions that his DD Form 214 should be corrected to show award of the Purple Heart and the Bronze Star Medal were carefully considered and determined to have merit.

2.  General orders awarded him the following; therefore, he is entitled to have them shown on his DD Form 214:

* Bronze Star Medal
* Air Medal

3.  The applicant's record is void of any orders or other documents indicating he was awarded the Purple Heart by proper authority while serving on active duty.  However, evidence clearly shows he sustained a wound as the result of an attack by a hostile force.  As a result, he had been treated and hospitalized in Vietnam and these facts were made a matter of permanent record.  Therefore, he is entitled to have the Purple Heart shown on his DD Form 214.

4.  Special orders awarded him the Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60); therefore, he is entitled to have this badge shown on his DD Form 214:

5.  The evidence of record confirms he served honorably on active duty during the period 19 June 1969 through 19 March 1971.  His record is void of any evidence that shows he had lost time or that he received nonjudicial punishment or court-martial action during that period of service.  There is no evidence of a suspension of favorable personnel actions or that his commander denied him award of the Army Good Conduct Medal for this period of service.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award him the Army Good Conduct Medal (1st Award) for the period 19 June 1969 through 19 March 1971 and to correct his DD Form 214 to show this award.



6.  His records show he was awarded the Vietnam Service Medal.  The evidence shows he participated in three campaigns during his service in the Republic of Vietnam.  Therefore, he is authorized three bronze service stars to be affixed to his Vietnam Service Medal and to correction of his DD Form 214 to show these service stars.

7.  DAGOs awarded the applicant's unit the following awards for accomplishments during his tenure in the unit; therefore, he is entitled to correction of his DD Form 214 to show these unit awards:

* the Republic of Vietnam Gallantry Cross with Palm Unit Citation
* the 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 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 Army Good Conduct Medal (1st Award) for the period 19 June 1969 through 19 March 1971;

	b.  deleting the Vietnam Service Medal from item 24 of his DD Form 214; and

	c.  adding the following awards to item 24 of his DD Form 214 the:

* Purple Heart
* Air Medal
* Bronze Star Medal
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60)



      _______ _   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)                                         AR20110004689





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ABCMR Record of Proceedings (cont)                                         AR20110004689



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