BOARD DATE:	  3 November 2011

		DOCKET NUMBER:  AR20110009502 


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 was promised the award of the Purple Heart when he received shrapnel wounds to his right arm and right eye on 2 February 1969 while under attack by sappers in the Republic of Vietnam.

3.  The applicant provides:

* his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* a Standard Form (SF) 600 (Chronological Record of Medical Care) 

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.  He enlisted in the Regular Army on 7 September 1966 for a period of 3 years. He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  On 
3 November 1967 he was awarded MOS 12B (Combat Engineer).

3.  Special Orders Number 5, issued by Headquarters, 3rd Training Brigade (Infantry), U.S. Army Training Center, Fort Gordon, GA, dated 10 January 1967, awarded the applicant the Expert Marksmanship Qualification Badge with Machinegun Bar

4.  He was promoted to the rank/grade of specialist five (SP5)/E-5 on 17 April 1968.  He was assigned to Company A, 26th Engineer Battalion, Americal Division in the Republic of Vietnam from 27 September 1968 to 5 June 1969.

5.  The SF Form 600 submitted by the applicant shows he received treatment on 
2 February 1969 for small fragment wounds on his right upper eyelid and right arm.

6.  He was honorably released from active duty on 8 June 1969.  He completed
2 years, 9 months, and 2 days of total active service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* one Overseas Service Bar

7.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Records do not show indiscipline or lost time.  His record shows he received "excellent" conduct and efficiency ratings through his service and does not contain any adverse information.

8.  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.

9.  Review of The Adjutant General's Office, Casualty Division's Vietnam casualty listing shows the applicant's name listed as a casualty on 2 February 1969 under casualty status code "24."  This casualty code refers to "hostile wounded in action, not serious, not hospitalized."

10.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal could be awarded, 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 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, Army Good Conduct Medal, service medals and ribbons, combat and special skill badges and tabs, unit decorations, and trophies, and similar devices awarded in recognition of accomplishments.  It states:

	a.  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.

	b.  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.  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 three campaigns:

* Vietnam Counteroffensive, Phase V Campaign (1 July 1968 - 
November 1968)
* Vietnam Counteroffensive, Phase VI Campaign (2 November 1968 - 
22 February 1969)
* Tet 69 Counteroffensive, 1969 Campaign (23 February 1969 - 8 June 1969)

12.  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.

DISCUSSION AND CONCLUSIONS:

1.  The Vietnam casualty listing indicates he was wounded by enemy action on 
2 February 1969.  The SF Form 600 shows he was treated for his wounds.  Therefore, there is sufficient evidence in this case to award the applicant the Purple Heart for wounds received in action on 2 February 1969 in the Republic of Vietnam and to correct his DD Form 214 to show this award.

2.  The applicant's records do not show indiscipline or time lost, he received "excellent" conduct and efficiency ratings throughout his military service, and he was promoted to SP5/E-5 in less than 2 years.  Therefore, the preponderance of evidence shows the applicant is entitled to award of the first award of the Army Good Conduct Medal based on completion of qualifying service from
7 September 1966 through 8 June 1969 ending with termination of a period of Federal military service and correction of his DD Form 214 to show this award.

3.  Based on his service in the Republic of Vietnam he is entitled to the following awards and correction of his DD Form 214 to show these awards:

* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

4.  Based on orders in his Military Personnel Records Jacket (MPRJ) he is entitled to correction of his DD form 214 to show the Expert Marksmanship Qualification Badge with Machinegun Bar.

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 Purple Heart for wounds received in action on
2 February 1969 in the Republic of Vietnam;

	b.  awarding him the Army Good Conduct Medal (1st Award) for service from
7 September 1966 through 8 June 1969; and

	c.  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
* Expert Marksmanship Qualification Badge with Machine Gun 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)                                         AR20110009502



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110009502



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1