IN THE CASE OF:	  

		BOARD DATE:	  17 January 2012

		DOCKET NUMBER:  AR20110013157 


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) to show award of the Purple Heart.

2.  The applicant states he was wounded in the Republic of Vietnam (RVN) but his Purple Heart was not entered on his DD Form 214.

3.  The applicant provides copies of his DD Form 214 and certificate for award of the Purple Heart.

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 30 August 1968, the applicant enlisted in the Regular Army.  He completed his initial training and was awarded military occupational specialty 43K (Canvas Repairman).

3.  On 4 November 1968, the applicant departed Fort Sill, Oklahoma, for duty in the RVN.

	a.  On 3 February 1969, he was assigned to Battery A, 5th Battalion, 
4th Artillery Regiment RVN as a security guard.

	b.  On 31 April 1969, he was reassigned within his battery, for duty as a radio/telephone operator (RTO).

	c.  On 11 June 1969, he was assigned as a patient with the Medical Holding Company, 249th General Hospital.

	d.  On 19 June 1969, he was medically evacuated to the Medical Holding Company, Fort Lewis, Washington.

4.  On 28 October 1969, the applicant was assigned to the 169th Combat Support Battalion, located at Fort Carson, Colorado.

5.  On 19 May 1970, the applicant underwent a medical examination.  The following is noted in the records of this examination.

	a.  Standard Form 89 (Report of Medical History) shows the examining physician noted the applicant sustained a gunshot wound to his left heel on
3 June 1969.  The applicant noted in his comments that he had been hospitalized in a military hospital due to this same gunshot wound.

	b.  Standard Form 88 (Report of Medical Examination) notes his gunshot wound of the left heel sustained on 3 June 1969.

6.  On 13 June 1970, the applicant was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement).  He had attained the rank of specialist four, pay grade E-4, and he completed 1 year, 9 months, and 23 days of creditable active 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:

* National Defense Service Medal
* Vietnam Service Medal with 1 bronze service star
* RVN Campaign Medal with 1960 Device

8.  The applicant's DA Form 20 (Enlisted Qualification Record) provides the following information.

	a.  Item 38 (Record of Assignments) indicates that his conduct and efficiency ratings were "excellent" except during basic training and when he was in a patient status his conduct and efficiency are recorded as unknown.  The applicant’s records do not contain any evidence of disciplinary action.  There is no evidence showing his commander took any action to deny him the Army Good Conduct Medal.

	b.  Item 40 (Wounds) contains no entries.

	c.  Item 41 (Awards and Decorations) shows that Special Orders Number 289, Fort Lewis, Washington, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar.

9.  The applicant's service medical records are not available for review.

10.  The applicant’s name is not on the Vietnam Casualty Roster.
	
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 United States Army Human Resources Command.

12.  The award certificate provided by the applicant indicates he was awarded the Purple Heart by the hospital commander for wounds sustained on 4 June 1969.

13.  Army Regulation 600-8-22 (Military Awards):

	a.  This regulation provides for award of the Purple Heart to a member of the Armed Force 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 U.S.  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.  An oak leaf cluster denotes each subsequent award of the Purple Heart.
	b.  Appendix B of this regulation indicates, based on the applicant's dates of service in the RVN, that he participated in the following three campaign periods: Vietnam Counteroffensive, Phase VI; the Tet 69 Counteroffensive; and Vietnam Summer-Fall 1969.  This same regulation states that a bronze service star is authorized for wear on the Vietnam Service Medal for participation in each campaign.

14.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to enlisted Soldiers who had completed a qualified period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends 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 are not disqualifying.

15.  Department of the Army General Orders 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service in Vietnam to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Purple Heart.

2.  The certificate provided by the applicant was issued by the hospital commander, indicating that he had ample evidence at the time to believe the applicant had sustained his wound as a result of enemy action.  This certificate is corroborated by the available evidence of record that clearly shows he had received a gunshot wound to his left heel while serving in the RVN and that he received medical treatment for this wound.  At the time of his wounding, he was performing duty as an RTO with an artillery battery.  Even though the orders for this award are not available, his records should be corrected to show he received the Purple Heart.

3.  The available evidence clearly shows the applicant participated in three campaign periods during his service in the RVN.  Therefore, he is authorized a total of three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

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

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

6.  Records show the applicant was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar.  Therefore, his records should be corrected to show this badge.

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 Army Good Conduct Medal for the period 30 August 1968 to 13 June 1970;

	b.  deleting from Item 24 of his DD Form 214 the Vietnam Service Medal with 1 bronze service star; and

	c.  adding in Item 24 of his DD Form 214:

* Purple Heart
* Army Good Conduct Medal
* Vietnam Service Medal with three bronze service stars


* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Marksman Marksmanship Qualification Badge with 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)                                         AR20110013157



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ABCMR Record of Proceedings (cont)                                         AR20110013157



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