IN THE CASE OF:	  

		BOARD DATE:	  22 September 2011

		DOCKET NUMBER:  AR20110004899 


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 and to add this award to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 

2.  He states he received a wound to his left arm on 14 March 1970; however, he was never awarded the Purple Heart.  The wound was documented in item 
40 (Wounds) of his DA Form 20 (Enlisted Qualification Record).

3.  He provides:

* His Record of Induction
* A DA Form 20
* His DD Form 214
* Letter Orders
* A letter from the National Personnel Records Center (NPRC)

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 records show he was inducted into the Army of the United States on 
8 April 1969.  Upon completion of training, he served in military occupational specialties 11B (Light Weapons Infantryman) and 11C (Indirect Fire Crewman).  

3.  Item 31 (Foreign Service) of his DA Form 20 shows he served in Vietnam from 14 September 1969 through 14 September 1970.

4.  Item 38 (Record of Assignments) of his DA Form 20 shows he was assigned to Company C, 1st Battalion, 6th Infantry Regiment, 198th Infantry Brigade during his tour in Vietnam.  This item also shows that he received all “excellent” ratings in conduct and efficiency during his military career. 
   
5.  Item 40 of his DA Form 20 indicates he sustained a fragment wound to his left arm on 14 March 1970. 

6.  Item 41 (Awards and Decorations) of his DA Form 20 shows he was awarded the:

* National Defense Service Medal (NDSM)
* Vietnam Service Medal (VSM)
* Combat Infantryman Badge (CIB)
* Republic of Vietnam (RVN) Campaign Medal with Device (1960)
* Army Commendation Medal (ARCOM) 

7.  His DD Form 214 shows he was honorably released from active duty on 
9 March 1971 and transferred to the U.S. Army Reserve, Control Group (Annual Training).  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the:

* NDSM
* RVN Campaign Medal with Device (1960)
* VSM with two bronze service stars
* ARCOM 
* CIB

8.  His name is on the Vietnam casualty roster as having been wounded as a result of hostile action on 14 March 1970.  This entry also shows he was hospitalized as a result of his wounds. 
9.  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 United States Army Human Resources Command, failed to reveal any orders awarding the applicant the Purple Heart. 

10.  A review of his records indicates entitlement to additional awards which are not shown on his DD Form 214.

11.  His record is void of documentation showing he was recommended for or awarded the first award of the Army Good Conduct Medal (AGCM).  His record is void of any derogatory information that could serve to disqualify him for this award.

12.  Army Regulation 672-5-1 (Awards and Decorations), in effect at the time, provided that the AGCM was awarded to individuals who completed a qualifying 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.

13.  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 during the period of his assignment with Company C, 1st Battalion, 6th Infantry Regiment, 198th Infantry Brigade; his unit received two awards of the RVN Gallantry Cross with Palm Unit Citation for the periods 24 August to 31 December 1969 and 31 March to 30 June 1970 by HQDA, GO Number 42, dated 1972.

14.  Department of the Army Pamphlet 672-3 also lists the campaign periods for the Vietnam era.  Four designated campaigns coincide with the applicant's period of service:

* 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 

15.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the VSM.  It states that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  

16.  Army Regulation 600-8-22 states 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.

17.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provided, in pertinent part, for award of the Purple Heart.  The regulation stated that authority to award the Purple Heart was delegated to hospital commanders.  Further, it directed that all personnel treated and released within 24 hours will be awarded the Purple Heart by the organization to which the individual is assigned.  Personnel requiring hospitalization in excess of 24 hours or evacuation from Vietnam will be awarded the Purple Heart directly by the hospital commander rendering treatment.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was wounded on 14 March 1970 as a result of hostile action.  His wounds required treatment by medical personnel and the medical treatment was made a matter of official record.  

2.  USARV Regulation 672-1 stated the hospital commander would award the Purple Heart to personnel hospitalized for more than 24 hours.  It appears an administrative oversight occurred which resulted in the Purple Heart not being properly awarded or annotated on his DD Form 214.  Therefore, it would be appropriate to award him the Purple Heart and to correct his DD Form 214 to show this award.

3.  The applicant received all "excellent" conduct and efficiency ratings throughout his military career, there is no record of a court-martial conviction, and there is no record of any adverse information that would disqualify him from being awarded the first award of the AGCM.  Therefore, he should be awarded the first award of the AGCM and his DD Form 214 should be corrected to show this award.

4.  He participated in four designated campaign phases during his service in Vietnam.  Therefore, he is entitled to have four bronze service stars added to his VSM and correction of his DD Form 214.

5.  General orders awarded his unit two awards of the RVN Gallantry Cross with Palm Unit Citation.  Therefore, it would be appropriate to correct his DD Form 214 to show these unit awards.

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 PH for wounds received as a result of hostile action on 14 March 1970;

   b.  awarding him the AGCM (First Award) for the period 8 April 1969 through 9 March 1971; 
   
   c.  deleting the VSM with two bronze service stars from item 24 of his 
DD Form 214; and

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

* Purple Heart
* AGCM (First Award)
* VSM with four bronze service stars
* Two awards of 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)                                         AR20110004899





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ABCMR Record of Proceedings (cont)                                         AR20110004899



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