IN THE CASE OF:	  

		BOARD DATE:	 10 November 2011 

		DOCKET NUMBER:  AR20110010023 


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 records to show award of the Purple Heart.

2.  The applicant states he was wounded in action in the Republic of Vietnam (RVN); however, his records do not show award of the Purple Heart.

3.  The applicant provides copies of two medical documents.

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 enlisted in the Regular Army for a period of 3 years on
8 November 1965.

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

   a.  item 29 (Qualification in Arms) he qualified:

* Marksman with the M-14 Rifle on 22 December 1965
* Sharpshooter with the .45 Caliber Pistol on 5 July 1966
* Expert with the M-16 Rifle on 12 July 1966

	b.  item 31 (Foreign Service) Vietnam from 20 August 1966 through 30 July 1967;

   c.  item 38 (Record of Assignments) he was assigned to:

	    (1)  B Troop, 1st Squadron, 11th Armored Cavalry Regiment from
7 September 1966 through 27 July 1967; and

       (2)  he received "excellent" conduct and efficiency ratings throughout his military service.

	d.  item 40 (Wounds) lacerations of head and face on 25 February 1967; and

	e.  item 41 (Awards and Decorations) National Defense Service Medal, Vietnam Service Medal with bronze service star, Republic of Vietnam Campaign Medal, Combat Infantryman Badge, Marksman Marksmanship Qualification Badge with Rifle (M-14) Bar, Expert Marksmanship Qualification Badge with Rifle (M-16) Bar, and Sharpshooter Marksmanship Qualification Badge (.45 Caliber Pistol).

4.  U.S. Army Vietnam, message, date-time-group 261018Z February 1967, reported the applicant sustained laceration wounds of his head and face while driving an Armored Personnel Carrier (APC) on a search and destroy mission in the RVN, on 25 February 1967, when the APC struck a hostile mine.

5.  A DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows the applicant entered active duty on 8 November 1965, was honorably released from active duty on 7 November 1968, and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his Reserve obligation.  He completed 3 years of net active service this period.  It shows in:

   a.  item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized):  National Defense Service Medal, 


Vietnam Service Medal with bronze service star, Republic of Vietnam Campaign Medal, and Combat Infantryman Badge; and

   b.  item 26a (Non-Pay Periods Time Lost):  "None."

6.  A review of The Adjutant General's Office, Casualty Division's Vietnam casualty roster shows the applicant's name is listed as a casualty, on
25 February 1967, under casualty status code "23."  This casualty code refers to "hostile wounded in action, not serious, hospitalized."

7.  A review of the applicant's military personnel records failed to reveal orders awarding him the Purple Heart.

8.  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 U.S. Army Human Resources Command, failed to reveal orders for award of the Purple Heart or any other individual decorations to the applicant.

9.  In support of his application, the applicant provides a DA Form 8-275 (Clinical Record Cover Sheet) and Standard Form 502 (Clinical Record - Narrative Summary) that are not very legible, but appear to show the applicant was injured (laceration of his chin) as a result of hostile action when his vehicle hit a mine while on a search and destroy mission in the RVN on 25 February 1967.

10.  A review of the available evidence reveals he may be authorized additional awards that are not shown on his DD Form 214.

11.  Headquarters, 2nd Armored Division, Fort Hood, TX, Special Orders Number 14, dated 14 January 1966, awarded the applicant the Marksman Marksmanship Qualification Badge with Rifle (M-14) Bar.

12.  Headquarters, 1st, Squadron, 11th Armored Cavalry Regiment, Fort George G. Meade, MD, Special Orders Number 99, dated 30 July 1966, awarded the applicant the Expert Marksmanship Qualification Badge with Rifle (M-16) Bar.

13.  Paragraph 2-13 of Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance for the Vietnam Service Medal.  It states that one bronze service star is authorized with this service medal for each Vietnam campaign a member is credited with participating in.  Table B-1 of Army Regulation 600-8-22 contains a list of Vietnam Conflict campaigns and shows that during the 


applicant's service in Vietnam, participation credit was awarded for the following two campaigns:

* Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967- 29 January 1968)

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that at the time of the applicant's assignment to B Troop, 1st Squadron, 11th Armored Cavalry Regiment, from 7 September 1966 through 27 July 1967, the unit was awarded:

	a.  the Presidential Unit Citation for actions from 21 November to 2 December 1966 by Department of the Army General Orders (DAGO) Number 45 (1969); and

   b.  the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 7 September 1966 to 10 August 1968 by DAGO Number 60 (1969).

15.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal is 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.  There must have been no convictions by a court-martial.

16.  Army Regulation 600-8-22 states 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.

DISCUSSION AND CONCLUSIONS:

1.  Records show the applicant was wounded as a result of hostile action in the RVN on 25 February 1967.  Thus, it would be appropriate to correct his records to show award of the Purple Heart. 

2.  The applicant served a qualifying period of active enlisted service for the first award of the Army Good Conduct Medal from 8 November 1965 to
7 November 1968.


   a.  He received "excellent" conduct and efficiency ratings during his service.

   b.  There is no evidence of any disciplinary actions, adverse information, or a commander's disqualification for the Army Good Conduct Medal (1st Award).

   c.  Despite the absence of the unit commander's recommendation for award of the Army Good Conduct Medal (1st Award) at the time of the applicant's separation processing, based on the available evidence, it would be appropriate to award the applicant this medal.

3.  Records show the applicant participated in two campaigns during his service in the RVN.  Therefore, he is entitled to two bronze service stars for wear on his already-awarded Vietnam Service Medal.

4.  Special orders awarded the applicant the Expert Marksmanship Qualification Badge with Rifle (M-16) Bar and Marksman Marksmanship Qualification Badge with Rifle (M-14) Bar.  In addition, records show he qualified Sharpshooter with the .45 Caliber Pistol.

5.  General orders awarded the applicant's unit the Presidential Unit Citation and Republic of Vietnam Gallantry Cross with Palm Unit Citation.

6.  In view of the foregoing, it would be appropriate to correct the applicant's records to show his awards and decorations as recommended below.

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 in the RVN on 25 February 1967; 
   b.  awarding him the Army Good Conduct Medal (1st Award) for the period
8 November 1965 through 7 November 1968;

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

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

* Purple Heart
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with 2 bronze service stars
* Expert Marksmanship Qualification Badge with Rifle (M-16) Bar
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar
* Marksman Marksmanship Qualification Badge with Rifle (M-14) Bar
* Presidential Unit Citation
* Republic of Vietnam 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)                                         AR20110010023



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ABCMR Record of Proceedings (cont)                                         AR20110010023



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