IN THE CASE OF:	  

		BOARD DATE:	    15 March 2012

		DOCKET NUMBER:  AR20110017249 


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.

2.  The applicant states he sustained a wound to his shoulder during a firefight in Vietnam.  

3.  The applicant provides:

* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* Photograph of medals
* General Orders (GO) Number 3597 awarding him the Silver Star 
* Letter from the Department of Veterans Affairs

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 5 August 1966 and he held military occupational specialty 11B (Light Weapons Infantryman).  He served in Vietnam from 13 June 1967 to 9 April 1968.  He was assigned as follows:

* 16 June 1967 to 17 October 1967, security guard, Headquarters and Headquarters Company, 214th Combat Aviation Battalion
* 18 October 1967 to 5 March 1968, rifleman and team leader, Company A, 2nd Battalion, 39th Infantry

3.  On 13 January 1968, he was wounded in action and transferred to the 106th General Hospital, on 6 March 1968.  He was further transferred to Fitzsimmons General Hospital, Denver, CO, on 24 April 1968. 

4.  GO Number 3597, issued by Headquarters, 9th Infantry Division, dated 
21 May 1968, awarded him the Silver Star for gallantry in action involving close combat against an armed hostile force in Vietnam.  The orders cited the following action:

[Applicant] distinguished himself by exceptionally valorous action on the afternoon of 13 January 1968, while serving as a squad leader with Company A, 2nd Battalion, 39th Infantry, 9th Infantry Division, on a battalion sized reconnaissance in force mission in northern Bien Hoa Province in Vietnam.  While leading the point squad through dense vegetation, [Applicant] alertly detected and courageously assaulted an enemy bunker, triggering the Viet Cong ambush before the battalion had moved into the killing zone.  Although wounded in the shoulder during the first few moments of battle, [Applicant] refused medical attention in order to render first aid to the wounded comrade….Only after the enemy had been routed four hours later did he seek medical attention for his wound.  

5.  His records do not contain official orders awarding him the Purple Heart.

6.  On 9 October 1968, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation in the rank/grade of sergeant (SGT)/
E-5.  He completed 2 years, 2 months, and 5 days of creditable active service. 


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

* National Defense Service Medal
* Vietnam Service Medal
* Combat Infantryman Badge
* Silver Star
* One Overseas Service Bar
* Vietnam Campaign Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  It states the Purple Heart is awarded for a wound sustained in action against an enemy or 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 by medical personnel, and the medical treatment must have been made a matter of official record.

9.  A review of his records indicates his entitlement to additional awards which are not shown on his DD Form 214.

10.  There is no derogatory information in his file that would have disqualified him from receiving the first award of the Army Good Conduct Medal.  Additionally, Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency rating throughout his period of service.

11.  Army Regulation 672-5-1 (Decorations and 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 the 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.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows during his service with Headquarters and Headquarters Company, 214th Aviation Battalion, from 16 June 1967 to 17 October 1967, this unit was cited for awards of:

* Meritorious Unit Commendation, for service from 1 January to 31 December 1967, based on Department of the Army General Order (DAGO) Number 48, dated 1968
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 27 March 1967 to 17 May 1968, based on DAGO 46, dated 1969
* Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation, for service from 19 December 1966 to 28 June 1969, based on DAGO Number 59, dated 1969

13.  DA Pamphlet 672-3 shows during his service with Company A, 2nd Battalion, 39th Infantry Regiment, from 18 October 1967 to 5 March 1968, this unit was cited for awards of the:

* Valorous Unit Award, for service from 1 to 3 February 1968, based on DAGO Number 42, dated 1969
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 1 December 1966 to 30 June 1968, based on DAGO Number 31, dated 1969
* Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation, for service from 19 December 1966 to 28 June 1969, by DAGO Number 59, dated 1969

14.  DA Pamphlet 672-3 states not more than one Republic of Vietnam Gallantry Cross Unit Citation or Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation will be worn by any individual.  Although multiple awards of these unit citation are not authorized for wear, official military and historical records will indicate all awards received.  However, in the case of duplicate awards covering the same period of time only one award will be recorded in official military and historical records.

15.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that during his service in Vietnam from 13 June 1967 to 9 April 1968 participation credit was awarded for the following 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. 

* Vietnam Counteroffensive, Phase III, 1 June 1967—29 January 1968
* TET Counteroffensive, 30 January 1968—1 April 1968
* Vietnam Counteroffensive, Phase IV, 2 April 1968—30 June 1968




DISCUSSION AND CONCLUSIONS:

1.  The applicant was wounded in action on 13 January 1968 in Vietnam as evidenced by the citation that awarded him the Silver Star.  He met the criteria for award of the Purple Heart; therefore, he is entitled to this award and correction of his DD Form 214 to show it.  

2.  GOs awarded his units in Vietnam the Meritorious Unit Commendation, two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, two awards of the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation (he is only authorized one award because in the case of duplicate awards covering the same period of time only one award will be recorded in official military and historical records), and Valorous Unit Award.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

3.  He was awarded the Vietnam Service Medal.  Additionally, he participated in three campaigns while serving in the Republic of Vietnam; therefore, he is entitled to award of three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

4.  He served honorably from 5 August 1966 through 9 October 1968.  He attained the rank/grade of SGT/E-5, received multiple awards for valor, and was awarded the Purple Heart.  He served a qualifying period of service and received "excellent" conduct and efficiency ratings throughout his service with no disciplinary actions or a commander's disqualification.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) and correct his DD Form 214 to show this award.

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: 

* awarding him the Army Good Conduct Medal (1st Award) for the period 5 August 1966 through 9 October 1968
* awarding him the Purple Heart for wounds received in action on 13 January 1968
* deleting from item 24 of his DD Form 214 the Vietnam Service Medal
* adding to item 24 of his DD Form 214 the:

* Purple Heart
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with three bronze service stars
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)
* Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation
* Valorous Unit Award



      _______ _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)                                         AR20110017249



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ABCMR Record of Proceedings (cont)                                         AR20110017249



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