IN THE CASE OF:	  

		BOARD DATE:	  6 March 2012

		DOCKET NUMBER:  AR20110010493 


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 20 May 1970 to show award of the Purple Heart.

2.  He states, in effect, that he was awarded the Purple Heart for wounds he received while serving in the Republic of Vietnam (RVN).

3.  He provides:

* his DD Form 214
* a copy of his Purple Heart Certificate

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 of the United States on 21 May 1968.  He successfully completed basic training and advanced individual training (AIT) and he was awarded military occupational specialty (MOS) 13B (Field Artillery Crewman).  He was later awarded MOS 11B (Light Weapons Infantryman).

3.  He arrived in the RVN on 1 October 1968 and was assigned to B Battery, 3rd Battalion, 82nd Artillery, 196th Light Infantry Brigade (LIB).

4.  He submitted a Purple Heart Certificate, dated 12 June 1969, that shows he was awarded the Purple Heart for wounds received in action on 11 June 1969. The award was issued by the Commander, U.S. Army Medical Center, Ryukyu Island, Japan.  On 19 August 1969, the applicant departed Japan and was assigned to the AIT Command Group, 2nd AIT Brigade, Fort Ord, CA.

5.  On 20 May 1970, he was honorably released from active duty in the rank of sergeant (SGT)/E-5 after completing 2 years of creditable active service with no time lost.

6.  His DD Form 214 for the period ending on 20 May 1970 shows he was awarded:

* National Defense Service Medal
* Vietnam Service Medal with one bronze service star
* RVN Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge with Rifle Bar 

7.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) shows the entry, "Shrapnel – both legs, amputated right 5th finger 
11 Jun 69.” 

8.  There are no general orders in his service personnel records that show he was awarded the Purple Heart.  His name does appear on the Vietnam casualty roster for wounds he received in action on 11 June 1969.  

9.  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 any orders for the Purple Heart pertaining to him.

10.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  His records do not contain any adverse information and his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his tenure of service.

11.  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.  

12.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify 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.  During the Vietnam War, U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) stated the authority to award the Purple Heart was delegated to hospital commanders.  It directed that all personnel treated and released within 24 hours would be awarded the Purple Heart by the organization to which the individual was assigned.  Personnel requiring hospitalization in excess of 24 hours or evacuation from Vietnam would be awarded the Purple Heart directly by the hospital commander rendering treatment.

13.  Army Regulation 600-200 (Enlisted Personnel Management), chapter 9 of the version in effect at the time, stated a brief description of wounds or injuries (including injury from gas) requiring medical treatment received through hostile or enemy action, including those requiring hospitalization would be entered in item 40 of the DA Form 20.  This regulation further stated that the date the wound or injury occurred would also be placed in item 40.

14.  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 four campaigns:

* Vietnam Counteroffensive Phase V (1 July 1968-1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968-22 February 1969) 
* Tet 69 Counteroffensive 1969 (23 February 1969-8 June 1969) 
* Vietnam Summer-Fall 1969 (9 June 1969-31 October 1969)

15.  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 3rd Battalion, 82nd Artillery, the unit was cited for the award of the Meritorious Unit Commendation for the period 15 November 1967 through 17 March 1969 by Department of the Army General Orders (DAGO) Number 39, dated 1970.

16.  Department of the Army General Orders Number 8, 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U. S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, 
U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 
28 March 1973.


DISCUSSION AND CONCLUSIONS:

1.  There are no general orders awarding the applicant the Purple Heart. However, his name is listed on the Vietnam casualty roster and his wounds are recorded on his DA Form 20 and it is clear he was medically evacuated from the RVN, through Japan, to the United States.  Furthermore, his Purple Heart Certificate was issued by a hospital commander in accordance with U. S. Army Vietnam regulations.  There is sufficient evidence to show the applicant was wounded as a result of hostile action.  Therefore, his DD Form 214 should be amended to show award of the Purple Heart.  

2.  The applicant was separated in the rank of SGT with 2 years of creditable active service with no time lost and conduct and efficiency ratings of "excellent" throughout his period of service.  Therefore, it appears the applicant met the eligibility criteria for award of the Army Good Conduct Medal (1st Award) for the period 21 May 1968 through 20 May 1970.

3.  The applicant was assigned to a unit during a period of time the unit was awarded the Meritorious Unit Commendation and his participation in four campaign phases while serving in the RVN makes him entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal.  Therefore, the applicant’s DD Form 214 should be amended to add these awards.

4.  All units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  His DD Form 214 should be amended to add this award.


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 the applicant the Army Good Conduct Medal (1st Award) for the period 21 May 1968 through 20 May 1970 and 

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

* Purple Heart
* Army Good Conduct Medal (1st Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Meritorious Unit Commendation
* four bronze service stars to added 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)                                         AR20110010493





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ABCMR Record of Proceedings (cont)                                         AR20110010493



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