IN THE CASE OF:	  

		BOARD DATE:  20 March 2012

		DOCKET NUMBER:  AR20110017635 


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 was never awarded the Purple Heart for his combat injury.  At the time of his injury in Vietnam, he was actively engaged in a fire mission.  He never followed up on having this award recorded on his 
DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  He would like to do so now.

3.  The applicant provides the following documents:

* DD Form 214
* Narrative Summary (NARSUM)
* Department of Veterans Affairs rating decision

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 17 July 1969 and held military occupational specialty 13A (Field Artillery Basic).  He served in Vietnam with Battery B, 1st Battalion, 77th Artillery, 1st Cavalry Division, from 16 December 1969 to 7 August 1970.

3.  Headquarters, 1st Cavalry Division, published the following General Orders (GO):

* GO Number 7560, on 11 May 1970, awarded him the Army Commendation Medal with "V" Device for heroism on 1 April 1970
* GO Number 9983, on 11 June 1970, awarded him the Air Medal for meritorious achievement from December 1969 to June 1970

4.  GO Number 7560, issued by Headquarters, 1st Cavalry Division, on 11 July 1970, awarded him the Army Commendation Medal with "V" Device for heroism on 10 July 1970.  The orders cited the following action:

[Applicant] distinguished himself by valorous action on 10 July 1970.  Becoming engaged with a determined enemy force, he displayed great courage and determination in his efforts to neutralize the enemy threat.  With complete disregard for his own safety, he exposed himself to the dangers inherent in the combat environment, and even after being wounded, continued to exert every effort to defeat the hostiles.  

5.  On 10 July 1970, he incurred multiple severe blasts and fragment wounds upon explosion of a mortar.  His records contain multiple documents related to his injury as follows:

	a.  An official Department of the Army message, dated 11 July 1970, that states he sustained fragment wounds to his left chin, neck, chest, right hand, right arm, a fractured mandable, a traumatic loss of first metacarpal on the right hand, and a resection to the middle and upper lobe of the right lung.  He was injured while on a firing mission, firing at a hostile force, when a round accidentally exploded when it was being passed.  He was evacuated to the 
24th Evacuation Hospital and placed in a very seriously ill status.

	b.  A Western Union Telegram, dated 13 July 1970, addressed to his parents and informing them that he was wounded in action in Vietnam on 10 July 1970 while at an artillery firing position when a round being prepared for firing accidentally detonated.  He received wounds to the chin, neck, right hand, right arm, fractured mandable, a traumatic loss of first metacarpal on the right hand, and a resection to the middle and upper lobe of the right lung.

6.  On 15 April 1971, a physical evaluation board determined his injuries rendered him physically unfit and recommended his permanent retirement.  

7.  He was honorably retired in the rank/grade of specialist four (SP4)/E-4 on 27 May 1971 by reason of permanent physical disability.  He completed 1 year, 10 months, and 11 days of creditable active service.  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
* Army Commendation Medal with "V" Device
* Vietnam Campaign Medal
* Air Medal
* Sharpshooter marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter marksmanship Qualification Badge with Rifle Bar (M-16)
* One overseas service bar

8.  Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) shows he suffered multiple fragment wounds to the neck, chest, and left hand on 10 July 1970.  

9.  His records do not contain general orders which authorized him award of the Purple Heart.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show award of the Purple Heart.

10.  His name is not shown on the Vietnam casualty roster.

11.  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 for him.

12.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that 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.

13.  His records show no derogatory information that would disqualify him for the first award of the Army Good Conduct Medal.  Furthermore, item 38 (Record of Assignments) of his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his military service.

14.  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.

15.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows during his tenure with the 1st Battalion, 
77th Artillery, this unit was cited for awards of the:

* Valorous Unit Award, for service from 1 May to 29 June 1970, based on DAGO Number 43, dated 1972
* Republic of Vietnam Gallantry Cross with Palm Unit Citation, for service from May 1969 to February 1970, based on DAGO Number 11, dated 1973
* Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation, for service from 1 January 1960 to 1 February 1970, based on DAGO Number 42, dated 1972

16.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, campaign participation credit was awarded for the:

* Vietnam Winter-Spring 1970, 1 November 1969-30 April 1970
* Sanctuary Counteroffensive, 1 May 1970-30 June 1970
* Vietnam Counteroffensive, Phase VII, 1 July 1970-30 June 1971

DISCUSSION AND CONCLUSIONS:

1.  The applicant was wounded in action in Vietnam on 10 July 1970 as evidenced by his award of the Army Commendation Medal with "V" Device, the Army message, and the Western Union Telegram.  It appears he met the criteria for award of the Purple Heart.  Therefore, he is entitled to award of the Purple Heart and correction of his DD Form 214 to show it.

2.  GO awarded him two awards of the Army Commendation Medal with 
"V" Device for heroism, one of which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show both awards.

3.  He served honorably from 17 July 1969 through 27 May 1971.  He completed a combat tour in Vietnam, attained the rank/grade of SP4/E-4, received multiple valor awards, and received "excellent" efficiency and conduct ratings throughout his military service.  His records contain no derogatory information on file that would have disqualified him from receiving the first award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award the applicant the Army Good Conduct Medal based and to correct his records to show this award.

4.  General orders awarded his unit the Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, which are not shown on his records.  Therefore, he is entitled to correction of his records to show these unit awards. 

5.  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 three bronze service stars to be affixed to the 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 relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* awarding him the Purple Heart for wounds received in action on 10 July 1970
* awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 17 July 1969 through 27 May 1971
* deleting from item 24 of his DD Form 214 the:

* Army Commendation Medal with "V" Device
* Vietnam Service Medal

* adding to his DD Form 214 the:

* Purple Heart
* Army Commendation Medal (1st Oak Leaf Cluster) and with "V" Device
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with three bronze service stars
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class 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)                                         AR20110017635





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ABCMR Record of Proceedings (cont)                                         AR20110017635



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