IN THE CASE OF:	  

		BOARD DATE:	  5 July 2011

		DOCKET NUMBER:  AR20110010274


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, in effect, that he served in the Republic of Vietnam, in the 506th Infantry Regiment of the 101st Airborne Division.  He states he was hit by shrapnel in September 1970 in North Vietnam; he was treated and shrapnel was removed from his left foot and he should have received the Purple Heart.  He concludes by stating several of his buddies were killed.

3.  The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

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's record shows he was inducted into the Army of the United States on 19 March 1969.  He completed training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).    

3.  Records show the applicant served in the Republic of Vietnam from              11 February 1970 through 25 December 1970, and was assigned to:

* Company A, 1st Battalion, 506th Infantry Regiment, 101st Airborne Division, from 25 February 1970 through 20 April 1970
* 101st Administration Company, 101st Airborne Division, from 21 April 1970 through 18 July 1970
* Company A, 1st Battalion, 506th Infantry Regiment, 101st Airborne Division, from 19 July 1970 through 31 October 1970
* Headquarters and Headquarters Company, 1st Battalion, 506th Infantry Regiment, 101st Airborne Division, from 1 November 1970 through         25 December 1970

4.  On 26 December 1970, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group to complete his remaining service obligation.  His DD Form 214 confirms he completed 1 year, 9 months, and 8 days of net service during this period of active duty, including 10 months and 15 days of foreign service in the U.S. Army Pacific (USARPAC) Theater of operations.   

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* 2 overseas service bars

6.  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 any orders for the Purple Heart.

7.  His records contain a Western Union telegram addressed to his spouse and parents, dated 25 June 1970, stating he had received fragmentation wounds to his left foot and concussion to both ears, while encountering a hostile force on a combat operation in Vietnam, on "23" June 1970.  
8.  His records contain an unclassified casualty message, dated 25 June 1970, which shows he was not seriously wounded while engaging a hostile force in a firefight, during which he received fragmentary wounds to his left foot and concussion to both ears, on 25 June 1970.

9.  The Vietnam casualty roster shows he sustained wounds resulting from hostile fire on 25 June 1970 and was hospitalized for treatment of his wounds.  

10.  His DA Form 20 (Enlisted Qualification Record), item 40 (Wounds), shows he received fragmentation wounds to his left foot and concussion to both ears, on 25 June 1970.  

11.  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.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.  

12.  His records indicate he is entitled to additional awards which are not shown on his DD Form 214.

13.  Army Regulation 600-8-22 states there are basically three requirements for award of the Combat Infantryman Badge (CIB).  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.  

14.  The applicant's DA Form 20, item 38 (Record of Assignments), shows he consistently received "excellent" conduct and efficiency ratings.

15.  His records do not contain information showing convictions by courts-martial or receipt of nonjudicial punishment under Article 15, Uniform Code of Military Justice (UCMJ).

16.  Army Regulation 672-5-2 (Awards), in effect at the time, states the Good Conduct Medal was awarded to individuals 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.  


17.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This document shows the units to which the applicant was assigned were cited for:

   a. The Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 8 February 1962 through 28 March 1973 by Department of the Army General Order (DAGO) Number 8, dated 1974.  

   b. The Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for the period 3 October 1968 through 2 May 1970 by DAGO Number 48, dated 1971.  

18.  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 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 Winter – Spring 1970 (1 November 1969 – 30 April 1970)
* Sanctuary Counteroffensive (1 May 1970 – 30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970 – 30 June 1971)

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for award of the Purple Heart was carefully considered and was determined to have merit.  The Western Union telegram, his military service records, and the Vietnam casualty roster show he was wounded as the result of hostile fire on 25 June 1970, and that he was hospitalized for treatment of his wounds.  Therefore, he is entitled to award of the Purple Heart and to correction of his DD Form 214 to show this award.

2.  The CIB is awarded to infantry officers and to enlisted and warrant officer personnel who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.  The Western Union telegram and the unclassified casualty message establish his participation in active ground combat, while assigned to a qualifying unit of brigade, regimental, or smaller size and while serving in a qualifying MOS in the Republic of Vietnam.  Therefore, he is entitled to award of the Combat Infantryman Badge and to correction of his DD Form 214 to show this award.  

3.  His records show he served honorably, received no court-martial actions, and consistently received "excellent" conduct and efficiency ratings.  Therefore, he is entitled to award of the Army Good Conduct Medal (1st Award) for the period      19 March 1969 through 26 December 1970, and to correction of his DD Form 214 to show this award.  

4.  General orders awarded his units of assignment in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, which are not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

5.  Records show the applicant participated in three campaigns during his service in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show    3 bronze service stars for wear on his already-awarded Vietnam Service Medal.

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 incurred in action in Vietnam on 25 June 1970
* Combat Infantryman Badge
* Army Good Conduct Medal (1st Award), for the period 19 March 1969 through 26 December 1970; and

   b. amending item 24 of his DD Form 214 by adding the:

* Purple Heart
* Combat Infantryman Badge
* Army Good Conduct Medal (1st Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* 3 bronze service stars to be affixed to his already-awarded Vietnam Service Medal




      _______ _   __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



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ABCMR Record of Proceedings (cont)                                         AR20100010274



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