IN THE CASE OF:	  

		BOARD DATE:	  6 December 2011

		DOCKET NUMBER:  AR20110010196 


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 to be awarded the Purple Heart.

2.  The applicant states he should have received the Purple Heart for wounds received in combat while serving in the Republic of Vietnam (RVN).

3.  The applicant provides copies of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge); portions of his service medical records; and a newspaper article, dated 2 September 1968.

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.  On 4 March 1968, the applicant was inducted into the Army of the United States.  He completed his initial training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  Headquarters, U.S. Army Training Center, Fort Lewis, Washington, issued the following special orders awarding the applicant the indicated marksmanship badges:

	a.  Special Orders Number 108, dated 18 April 1968, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14); and

	b.  Special Orders Number 178, dated 27 June 1968, awarded him the Marksman Marksmanship Qualification Badge with Automatic Rifle Bar and the Expert Marksmanship Qualification Badge with Machine Gun Bar.

4.  On 6 July 1968, the applicant departed Fort Lewis for duty in the RVN.

	a.  On 6 August 1968, he was assigned as a student to the 23rd Administration Company.

	b.  On 15 August 1968, he was assigned as a rifleman to Company C, 1st Battalion, 20th Infantry Regiment, 11th Infantry Brigade.

	c.  On 24 July 1969, he departed the RVN.

5.  On 5 September 1969, the applicant was assigned to Fort Hood, Texas.

6.  On 12 January 1970, the applicant was released from active duty.  He attained the rank of specialist four/pay grade E-4 and completed 1 year, 10 months, and 9 days of creditable active duty service.

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as:

* Vietnam Service Medal with one bronze service star
* National Defense Service Medal
* RVN Campaign Medal [with Device (1960)]
* Combat Infantryman Badge

8.  The applicant's name is not listed on the Vietnam casualty roster.

9.  The applicant's DA Form 20 (Enlisted Qualification Record) shows:
	a.  in item 38 (Record of Assignments) that his conduct and efficiency ratings were "excellent" and

	b  item 40 (Wounds) is blank.

10.  The applicant's records do not contain any evidence of disciplinary action.  There is no evidence to show his commander took any action to deny him the Army Good Conduct Medal.

11.  A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS) failed to reveal any orders awarding the applicant the Purple Heart.  ADCARS is 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.

12.  The service medical records provided by the applicant contain the following documents.

	a.  A Standard Form 513 (Clinic Record – Consultation Sheet), dated 27 August 1968, shows the battalion aid station for the 1st Battalion, 20th Infantry Regiment, sent a consultation to the 6th Support Hospital stating the applicant had received fragment wounds to his right hand and right deltoid region [shoulder].  It requested a curved splint for his hand and stated the fragments in his shoulder were easily removable.

	b.  A Standard Form 600 (Chronological Record of Medical Care), dated 30 August 1968 through 18 July 1969, reports he continued to receive medical treatment for the wound to his hand.

13.  The newspaper article provided by the applicant, dated 2 September 1968, states he received shrapnel wounds from a grenade thrown by the enemy into the company area.  His wounds were reported as minor.  He was expected to be hospitalized for a week or 10 days.

14.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  This regulation provides for award of the Purple Heart to a member of the Armed Forces of the United States who, while serving in any capacity with one of the U.S. Armed Services after 5 April 1917, has been wounded or killed or who has died or may die after being wounded in any action against an enemy of the United States.  Substantiating evidence must be provided to verify the wound was the result of hostile action, the wound must have required medical treatment, and the medical treatment must have been made a matter of official record.

	b.  Appendix B indicates that based on the applicant's dates of service in the RVN, he participated in the following four campaigns:  Vietnam Counteroffensive Phase V, Vietnam Counteroffensive Phase VI, Tet 69 Counteroffensive 1969, and Vietnam Summer-Fall 1969.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the RVN.  This pamphlet shows the 23rd Administration Company was cited in Department of the Army General Orders (DAGO) Number 53, dated 1970, for award of the Meritorious Unit Commendation during the time of the applicant's assignment.  This pamphlet also shows the 1st Battalion, 20th Infantry Regiment, was cited in DAGO Number 2, dated 1971, for award of the RVN Gallantry Cross with Palm Unit Citation during the time of the applicant's assignment.

16.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to enlisted Soldiers 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.  Ratings of "unknown" for portions of the period under consideration were not disqualifying.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be awarded the Purple Heart because he was wounded in combat in the RVN.

2.  The available evidence clearly shows the applicant received fragment wounds to his hand and shoulder for which he received medical treatment at the battalion aid station and field hospital.  The newspaper article substantiates his wounds were the result of enemy action.  Therefore, he should be awarded the Purple Heart.

3.  The applicant's unit was cited in general orders for award of the Meritorious Unit Commendation.  Therefore, his DD Form 214 should be corrected to show this award.

4.  The applicant's records clearly show he distinguished himself in the performance of his military service as evidenced by his attaining the rank of specialist four and achieving "excellent" conduct and efficiency ratings.  Therefore, it is presumed that not receiving an Army Good Conduct Medal for his service was an oversight.  Accordingly, he should be awarded this medal.

5.  Records show the applicant participated in four campaigns during his service in the RVN.  Therefore, he is authorized three additional bronze service stars to be affixed to his already-awarded Vietnam Service Medal with one bronze service star.

6.  The applicant's unit was cited in general orders for award of the RVN Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be corrected to show this foreign unit award.

7.  Special orders show the applicant was awarded the Expert Marksmanship Qualification Badge with Rifle and Machine Gun Bars and Marksman Marksmanship Qualification Badge with Automatic Rifle Bar.  Therefore, these badges should be shown on his DD Form 214.

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 Army Good Conduct Medal (1st Award) for the period 4 March 1968 to 12 January 1970,

	b.  deleting all awards from item 24 of his DD Form 214, and

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

* Purple Heart
* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Vietnam Service Medal with four bronze service stars
* RVN Campaign Medal with Device (1960)
* Meritorious Unit Commendation
* RVN Gallantry Cross with Palm Unit Citation
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Rifle and Machine Gun Bars
* Marksman Marksmanship Qualification Badge with Automatic 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)                                         AR20110010196



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ABCMR Record of Proceedings (cont)                                         AR20110010196



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