IN THE CASE OF:	  

		BOARD DATE:	  18 January 2012

		DOCKET NUMBER:  AR20110013511 


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.  He states, in effect, the orders for the Purple Heart were handed to him in Vietnam, but he was unaware he needed to turn in the orders.

3.  He provides his DD Form 214 and a Request for Orders (RFO), dated 
12 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.  The applicant's military records show he was inducted into the Army of the United States on 19 September 1966.  He served in the Republic of Vietnam from 24 February 1967 to 21 February 1968 and was assigned to Howitzer Battery, 2nd Squadron, 11th Armored Calvary Regiment.  He was honorably released from active duty on 18 September 1968.

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

* National Defense Service Medal
* Vietnam Service Medal (VSM)
* Republic of Vietnam Campaign Medal with Device (1960)
* 1 Overseas Service Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

4.  The RFO, dated 12 September 1968, shows the Personnel Division, Medical Holding Detachment, United States Army Hospital, requested orders awarding the applicant the Purple Heart for wounds sustained in action on 6 December 1967.  

5.  Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) shows the entry "Fragment wound below right knee."  The entry is dated 6 December 1967. 

6.  His military service records do not contain any general orders awarding him the Purple Heart and his name is not listed on the Vietnam casualty listing.

7.  His records show no evidence of nonjudicial punishments under Article 15 of the Uniform Code of Military Justice and no evidence of courts-martial or any other type of adverse action.  Additionally, his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his service.

8.  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 the applicant.




9.  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 that the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.  Paragraph 2-8b(2) states that for the purpose of considering an award of the Purple Heart, a “wound” is defined as an injury to any part of the body from an outside force, element, or agent sustained while in action in the face of the armed enemy or as a result of a hostile act of such enemy.  

10.  Review of the applicant's DD Form 214 indicates he is entitled to additional awards that are not shown on this form.  

11.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the Army Good Conduct Medal (AGCM) is awarded to individuals who have 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.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units which served in the Vietnam War.  This pamphlet shows the 11th Armored Calvary Regiment was cited for the award of the Valorous Unit Award by Department of the Army General Orders (DAGO) Number 28, dated 1969 and the Republic of Vietnam Gallantry Cross with Palm Unit Citation by DAGO Number 60, dated 1969, during the period the applicant was assigned.

13.  Appendix B of Army Regulation 600-8-22 states that a bronze service star will be awarded for wear on the VSM for participation in each campaign.  His records indicate he participated in the following campaigns:

* Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)
* Tet Counteroffensive (30 January 1968 - 1 April 1968)







14.  Army Regulation 670-1 (Uniforms and Insignia), in effect at the time, governed the requirements for the Overseas Service Bar.  In pertinent part, it provided that a 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.  There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars.  For Vietnam service, one Overseas Service Bar is authorized for each period of 6 months 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 are counted as whole months for credit towards the Overseas Service Bar.

DISCUSSION AND CONCLUSIONS:

1.  While there are no orders in the applicant’s available records awarding him the Purple Heart and his name is not listed on the Vietnam casualty listing, his DA Form 20 verifies he sustained a fragment wound below the right knee on
6 December 1967.  Additionally, the date of wounding is consistent with the information contained on the RFO.  Therefore, in the interest of justice, it would be appropriate to accept the RFO as proof of his wounding on 6 December 1967 and award him the Purple Heart.  He is also entitled to correction of his DD Form 214 to show this award.

2.  The available evidence shows he received "excellent" conduct and efficiency ratings throughout his service, he had no adverse actions, and no commander's disqualification.  Therefore, he is entitled to award of the AGCM (1st Award) and correction of his DD Form 214 to show this award.

3.  The evidence of record shows he is entitled to wear the Valorous Unit Award and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be corrected to show these awards.

4.  The evidence shows he participated in three campaigns during his service in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show three bronze service stars to be worn on his already-awarded VSM.

5.  His record also shows he served a qualifying period of service in Vietnam for award of two Overseas Service Bars; therefore, his DD Form 214 should be corrected to show these awards.


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.  deleting from item 24 of his DD Form 214 the VSM and One Overseas Service Bar;

	b.  awarding him the Purple Heart for wounds received on 6 December 1967;

   c.  awarding him the AGCM (1st Award) for the period 19 September 1966 through 18 September 1968; and
   
   d.  adding to item 24 of his DD Form 214 the Purple Heart, AGCM, VSM with three bronze service stars, two Overseas Service Bars, Valorous Unit Award, and Republic of Vietnam Gallantry Cross with Palm Unit Citation.



      _______ _   _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)                                         AR20110013511



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ABCMR Record of Proceedings (cont)                                         AR20110013511



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