BOARD DATE:  11 October 2011

		DOCKET NUMBER:  AR20110007957


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.

2.  The applicant states he received shrapnel wounds during hostile action in September 1969.  He was treated in the field and later at base camp.  His former first sergeant has admitted administrative errors occurred which resulted in him not receiving the award.
 
3.  The applicant provides copies of letters from his first sergeant (1SG) at the time of the incident, a fellow Soldier who witnessed the incident, his commanding officer at the time of the incident, and from his spouse.
 
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 was inducted into the Army on 20 February 1968, and enlisted in the Regular Army on 28 October 1968.  He completed training where he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar and military occupational specialty (MOS) 05B (Radio Operator).   

3.  His DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 38 (Record of Assignments) that he was assigned to F Troop,
17th Cavalry, 196th Infantry Brigade from 28 March 1969 to 21 March 1970.  He received "excellent" conduct and efficiency ratings throughout his service.

	b.   item 40 (Wounds), no entry.

	c.  item 41 (Awards and Decorations) the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal with Device (1960), Army Commendation Medal, Bronze Star Medal, and two overseas service bars.

4.  The applicant's DD Form 214 shows he was honorably released from active duty on 21 April 1970, as a sergeant/E-5.  He had completed 2 years, 2 months, and 1 day of total active service.

5.  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, Vietnam Campaign Medal with Device (1960), Army Commendation Medal, Bronze Star Medal, and two overseas service bars.

6.  His service medical records are not available.  His name does not appear on the Vietnam casualty list.

7.  A 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 orders awarding the applicant the Purple Heart.

8.  In support of his request, the applicant provides copies of:

	a.  A letter in which his former 1SG states that the applicant was injured by enemy fire in September 1969.  The unit was engaged with a North Vietnamese Army (NVA) unit.  Many enemy were killed, and several U.S troops wounded, including the commander, then CPT H____ (now Lieutenant Colonel (LTC) (Retired)).  As the 1SG, it was his duty to supervise unit administration and logistics including awards.  In part, it is his fault some awards were not made.

	b.  A letter in which a former Soldier in his unit states that on or about 
15 September 1969, F Troop, 17th Cavalry began receiving hostile fire and mortar attacks which resulted in the applicant being injured in his buttocks area.  He further states the injury required medical attention.

	c.  A letter in which his former commander states that in September 1969, on the day in question, their unit made contact with a heavily armed unit of NVA infantry firing heavy machine guns, mortars, rocket propelled grenades, and automatic small arms.  Both he and the applicant were lightly wounded in the action and the applicant was treated by a medic.  Several Soldiers in the unit were cited for bravery after the action.  Administrative errors caused the applicant to not be awarded the Purple Heart.  LTC H____ was awarded the Silver Star for gallantry in action, and the Purple Heart for wounds received on 12 September 1969.

	d.  A letter in which his wife states she has been married to the applicant for forty years.  When they were first married she would observe blood in the sheets after he left for work.  She knew the blood was his, not hers.  He often told her that he was uncomfortable at night because small metal shavings from shrapnel were working their way out of his body.  After forty years of marriage he still has episodes of the bleeding and at time is so uncomfortable he is tossing and turning.

9.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action.  A wound is defined as an injury to any part of the body from an outside force or agent sustained under hostile action.  A physical lesion is not required, however, the wound for which the award is made must have required treatment by medical personnel and records of medical treatment for wounds or injuries received in action must have been made a matter of official record.

10.  Army Regulation 672-5-1 (Awards), in effect at the time, stated 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; 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.
11.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign.  During his service in Vietnam, the applicant participated in the following three 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

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This pamphlet shows F Troop, 17th Cavalry,
196th Infantry Brigade was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 16 April – 28 August 1969 by Department of the Army General Orders (DAGO) Number 6, dated 1974; and for the period 24 August – 31 December 1969 by DAGO Number 42, dated 1972.

13.  Department of the Army Pamphlet 672-3, paragraph 6 (Miscellaneous Information) states that not more than one award of the Republic of Vietnam Gallantry Cross Unit Citation may be worn by any individual.  Although wear of multiple awards of this unit citation badge is not authorized, official military personnel and historical records will indicate all awards received.

DISCUSSION AND CONCLUSIONS:

1.  There are no available general orders awarding the applicant the Purple Heart.  The Vietnam Casualty Roster does not contain the applicant's name.  

2.  Notwithstanding the nonavailability of an official record of medical treatment, the available evidence shows the applicant was wounded as a result of an engagement with the enemy and received medical treatment.  He states he was wounded in the buttocks area, was treated by a medic and later at base camp. 

3.  His former 1SG states the applicant was injured by enemy fire along with several other Soldiers, including the Commander, then CPT H____ (now Lieutenant Colonel (LTC) (Retired)).  The former 1SG admits he should have ensured the applicant received the Purple Heart. 

4.  LTC (Retired) H____ states both he and the applicant were lightly wounded in the action and the applicant was treated by a medic.  The lightly wounded were not evacuated.  LTC H____ states administrative errors caused the applicant to not be awarded the Purple Heart.  LTC H____ was awarded the Silver Star for gallantry in action, and the Purple Heart for wounds received on 12 September 1969.

5.  In view of the above, the applicant should be awarded the Purple Heart. 

6.  The applicant’s record shows he distinguished himself in the performance of his military service as evidenced by him receiving all "excellent" conduct and efficiency ratings and receiving an honorable discharge.  Furthermore, there is no evidence of any misconduct, disciplinary actions, or a commander's disqualification for the first award of the Army Good Conduct Medal.  It is presumed that he did not receive the Army Good Conduct Medal due to an administrative oversight.  Therefore, he should be awarded the first award Army Good Conduct Medal and his DD Form 214 should be corrected to show this award.

7.  Records show that the applicant participated in three campaign periods during his service in Vietnam.  Therefore, he is entitled to three bronze service stars for wear on his already-awarded Vietnam Service Medal.

8.  His unit in Vietnam was cited for two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

9.  His DD Form 214 should be corrected to show these awards.

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 him the Purple Heart for wounds sustained in action on 
12 September 1969;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period 
20 February 1968 through 21 April 1970;

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

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

* Purple Heart
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation 
      (2d Award) 
* Marksman Marksmanship Qualification Badge with Rifle Bar



      ___________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)                                         AR20100015543



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110007957



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1