BOARD DATE:	  19 January 2012

		DOCKET NUMBER:  AR20110014323 


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:

* he thought the Purple Heart was awarded for wounds received during hostile action
* he was shocked to see the Purple Heart was not listed on his discharge papers
* he believes the omission was a clerical error
   
3.  He provides:

* a Western Union Telegram
* a picture 
* a Department of the Army casualty message

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 records show he was inducted into the Army of the United States on 11 September 1967.

3.  His DA Form 20 (Enlisted Qualification Record) shows in:

a. item 31 (Foreign Service) he served in the Republic of Vietnam from 
5 March 1968 to 4 March 1969;

	b.  item 38 (Record of Assignments) he was assigned to Company B, 3rd Battalion, 187th Infantry Regiment from 18 March 1968 to 30 April 1969; 

	c.  item 38 he received all “excellent” ratings for conduct and efficiency;

	d.  item 40 (Wounds) he received minor white phosphorous burns to his back and left side of his head on 23 April 1968; and 

   e.  item 41 (Awards and Decorations) does not show award of the Purple Heart.

4.  He submitted and his record contains a Western Union Telegram, dated 
26 April 1968, which informed is parents that he was slightly wounded in Vietnam on 23 April 1968.

5.  He submitted a DA Casualty message, dated 23 April 1968, which shows he was wounded as the result of receiving white phosphorous burns to his back and left hand from being hit by hostile artillery rounds.

6.  He submitted a picture of a man with a bandaged head.

7.  His name is listed on the Vietnam casualty roster.
 
8.  His record contains General Orders Number 10535 issued by Headquarters, 101st Airborne (Air Assault) Division, dated 30 November 1968, which show he was awarded the Air Medal for action on 12 September 1968.  

9.  On 16 June 1969, he was released from active duty and transferred to the United States Army Reserve Control Group (Annual Training).  He had completed 1 year and 6 days of active service.  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, Marksman Marksmanship Qualification Badge with Rifle Bar 
(M-14), Vietnam Service Medal, Republic of Vietnam Campaign Medal with “1960” Device, Army Commendation Medal, Bronze Star Medal, and Combat Infantryman Badge.

10.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained while 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 by medical personnel, and the medical treatment must have been made a matter of official record.

11.  A review of his record indicates he is entitled to additional awards and decorations that are not shown on his DD Form 214.

12.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualifying 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.  

13.  His record contains General Orders Number 10535 issued by Headquarters, 101st Airborne Division, dated 30 November 1968, which show he was awarded the Air Medal for action on 12 September 1968.  

14.  Appendix B of Army Regulation 600-8-22 lists the campaigns for the Vietnam Conflict.  Based on the applicant's period of service in the Republic of Vietnam he participated in the Tet Counteroffensive, Vietnam Counteroffensive Phase IV, Vietnam Counteroffensive Phase V, Vietnam Counteroffensive Phase VI, and Tet 69 Counteroffensive 1969 campaigns.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign and a silver service star will be awarded for wear on the Vietnam Service Medal for every five campaigns.

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

   a.  13 June through 23 September 1968, Presidential Unit Citation by 
DA General Orders Number (DAGO) 38, dated 1971;

   b.  17 April through 7 May 1969, Valorous Unit Award by DAGO Number
2, dated 1971;

   c.  14 March through 3 October 1968, Meritorious Unit Commendation by
DAGO Number 22, dated 1976;

   d.  19 July 1968 through 14 May 1969, Republic of Vietnam Gallantry Cross
with Palm Unit Citation by DAGO Number 43, dated 1970; and 

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

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows he was wounded as a result of hostile action.  
Therefore, he is entitled to correction of his DD Form 214 to show award of the Purple Heart.

2.  The available evidence shows he served honorably from 11 September 1967 to 16 June 1969 and he received "excellent" conduct and efficiency ratings throughout his tenure of service.  There is no evidence of any derogatory information in his record that would have disqualified him for award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award the applicant the Army Good Conduct Medal (1st Award) and correct his DD Form 214 to show the Army Good Conduct Medal.

3.  General orders show he was awarded the Air Medal.  Therefore, he is entitled to correction of his DD Form 214 to show award of the Air Medal.

4.  Permanent orders also show the unit to which the applicant was assigned was awarded the Presidential Unit Citation, Valorous Unit Award, Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

5.  Records show the applicant participated in five campaigns during his service in the Republic of Vietnam.  Therefore, he is eligible for award of one silver service star to be worn 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 partial 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 sustained while serving in the
Republic of Vietnam on 23 April 1968;

   b.  awarding him the Army Good Conduct Medal (1st Award) for the period
11 September 1967 to 16 June 1969;

	c.  deleting the VSM from his DD Form 214;

	d.  adding the Purple Heart, Army Good Conduct Medal (1st Award), Air Medal, Vietnam Service Medal with one silver service star, Presidential Unit Citation, Valorous Unit Award,  Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to item 24 of his DD Form 214; and

	e.  providing him a document to show the above corrections.



      __________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)                                         AR20110014323



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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