IN THE CASE OF:	  

		BOARD DATE:	  10 November 2011

		DOCKET NUMBER:  AR20110011100 


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 and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart and Bronze Star Medal with "V" Device.

2.  He states he was injured by rocket fragments during combat while serving in the Republic of Vietnam and should have been awarded the Purple Heart.  He would have submitted his request sooner, but he only recently located the evidence needed to support his application.

3.  He provides General Orders Number 1594, dated 11 May 1971.

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.  His record shows he enlisted in the Regular Army on 6 June 1968 and held military occupational specialty 91B (Medical Specialist).  The highest rank/pay grade he attained while serving on active duty was sergeant/E-5.  On 1 March 1971, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement).

3.  His record contains (and he also provides) General Orders Number 1594 issued by Headquarters, U.S. Army Vietnam, on 11 May 1971 which awarded him the Bronze Star Medal with "V" Device for heroism in connection with ground operations against a hostile force in the Republic of Vietnam from 16 to 17 January 1971.  The justification for this award states in part, "Amid a fusillade of enemy bullets [the applicant] moved from one casualty to another, administering first aid.  During the ensuing fight, he was wounded by rocket fragments.  Ignoring his own wounds, he continued to render medical aid to the wounded personnel, including crewmembers from a downed helicopter."

4.  His DA Form 20 (Enlisted Qualification Record) contains the following pertinent information:

	a.  Item 31 (Foreign Service) shows he served a tour of duty in the Republic of Vietnam during the period 13 April 1970 to 1 March 1971.

	b.  Item 38 (Record of Assignments) shows that during his tour of duty in the Republic of Vietnam he served as a medical specialist in the following units for the periods indicated:

* Company D, 5th Special Forces Group, 1st Special Forces, from 17 April to 15 December 1970
* Detachment B-43, Company A, 5th Special Forces Group, 1st Special Forces, from 16 December 1970 to 1 March 1971

	c.  Item 38 also shows he received conduct and efficiency ratings of "excellent" for each of his duty assignments.  His record does not contain any derogatory information or a record of a commander's disqualification for award of the Army Good Conduct Medal.

	d.  Item 40 (Wounds) is blank.

	e.  Item 41 (Awards and Decorations) does not show award of the Purple Heart or Bronze Star Medal with "V" Device.

5.  The Vietnam casualty roster shows he sustained a wound as the result of hostile fire on 16 January 1971.

6.  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 awarding him the Purple Heart.

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

* National Defense Service Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)]
* Air Medal
* Parachutist Badge
* one overseas service bar
* Republic of Vietnam Gallantry Cross with Bronze Star
* Republic of Vietnam Honorary Jump Wings
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

8.  A review of the applicant's record revealed he is entitled to additional awards and decorations.

9.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army 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.

10.  Army Regulation 600-8-22 (Military Awards) provides for award of the Vietnam Service Medal.  A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  During his tour in Vietnam he participated in three campaigns:  Vietnam Winter-Spring 1970, Sanctuary Counteroffensive, and Vietnam Counteroffensive Phase VI.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows awards received by units serving in the Republic of Vietnam.  The units to which the applicant was assigned while serving in the Republic of Vietnam were cited for the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 42, dated 1972.

12.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) governs the requirements for the overseas service bar.  An overseas service bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message.  For Vietnam service, one overseas service bar was authorized for each period of 6 months of active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the overseas service bar.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions that he should have been awarded the Purple Heart and his DD Form 214 should be corrected to show award of the Purple Heart and Bronze Star Medal with "V" Device were carefully considered and determined to have merit.

2.  The evidence shows he was wounded by rocket fragments as the direct result of hostile action while serving in the Republic of Vietnam on 16 January 1971.  Therefore, he is entitled to award of the Purple Heart and correction of his record to show receipt of this award.

3.  General orders awarded him the Bronze Star Medal with "V" Device.  Therefore, he is entitled to have his records corrected to show this award.

4.  General orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation for actions during his tenure.  Therefore, he is entitled to have his records corrected to show this unit award.

5.  His records show he was awarded the Vietnam Service Medal.  The evidence shows he participated in three campaigns during his service in the Republic of Vietnam.  Therefore, he is entitled to three bronze service stars to be affixed to his previously-awarded Vietnam Service Medal.

6.  The evidence of record shows he completed a period of honorable service during which he received all "excellent" conduct and efficiency ratings and had no convictions by a court-martial.  Additionally, there is no evidence he was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Therefore, he is entitled to the first award of the Army Good Conduct Medal for the period 6 June 1968 to 1 March 1971 and is entitled to correction of his records to show this award.

7.  The evidence of record shows he completed a qualifying period of service for two overseas service bars; however, his DD Form 214 only shows award of one. 
Therefore, he is entitled to correction of his DD Form 214 to show two overseas service bars.

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:

		(1)  the Purple Heart for a wound sustained in action in the Republic of Vietnam on 16 January 1971 and

		(2)  the Army Good Conduct Medal (1st Award) for the period 6 June 1968 through 1 March 1971;

	b.  deleting the Vietnam Service Medal and  Overseas Service Bar from item 24 of his DD Form 214; and

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

		(1)  Purple Heart,

		(2)  Bronze Star Medal with "V" Device,

		(3)  Army Good Conduct Medal (1st Award),

		(4)  Vietnam Service Medal with three bronze service stars,


		(5)  Republic of Vietnam Gallantry Cross with Palm Unit Citation, and

		(6)  two overseas service bars.



      __________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)                                         AR20110011100



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ABCMR Record of Proceedings (cont)                                         AR20110011100



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