IN THE CASE OF:	  

		BOARD DATE:	  21 February 2012

		DOCKET NUMBER:  AR20110017684 


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 (PH).

2.  The applicant states he was wounded in action in the Republic of Vietnam (RVN) and was flown to a hospital where the doctor who treated him gave him papers for the PH on the day he was processed to leave the RVN.  He claims he went home and did not worry about the papers.  

3.  The applicant provides a SF 513 (Clinical Record-Consultation Sheet) and 
DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge in support of his application.  

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 record shows the applicant enlisted in the Regular Army on 3 October 1969, and was trained in and awarded military occupational specialty (MOS) 13A (Field Artillery Basic).  It also shows he was promoted to specialist four/E-4 on 1 December 1970, and this was the highest rank he attained while serving on active duty.  

3.  The DA Form 20 (Enlisted Qualification Record) shows he served in the RVN from 6 March 1970 through 10 May 1971.  Item 38 (Record of Assignments) shows that during his RVN tour, he was assigned to Headquarters and Headquarters Battery (HHB), 1st Battalion, 77th Artillery from 14 March 1970 through 25 February 1971; and to B Battery, 1st Battalion, 39th Artillery from 
5 March through 6 May 1971.  Item 38 also shows he received no less than “excellent” conduct and efficiency ratings at all of his active duty assignments.  

4.  The applicant’s Military Personnel Records Jacket (MPRJ) is void of derogatory information or a unit commander disqualification that would have precluded award of the Army Good Conduct Medal (AGCM).  

5.  On 10 May 1971, the applicant was honorably released from active duty after completing 1 year, 7 months, and 8 days of active military service.  The DD Form 214 he was issued at the time shows, in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), that he earned the following awards during his active duty tenure:

* National Defense Service Medal 
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Vietnam Service Medal (VSM)
* 2 Overseas Service Bars
* RVN Campaign Medal with 60 Device
* Army Commendation Medal 1st Oak Leaf Cluster 
* Air Medal
* Bronze Star Medal

6.  During the review of this case, a member of the Board staff reviewed the Vietnam Casualty Roster, the official Department of the Army (DA) list of RVN battle casualties.  It contains an entry showing the applicant was wounded in action in the RVN on 3 May 1971.  



7.  Army Regulation 600-8-22 (Military Awards) prescribes the Army’s awards policy.  Paragraph 2-8 contains guidance on award of the PH.  It states that in order to support award of the PH there must be evidence that the wound for which the award is being made was received as a result of enemy action; that it required treatment by military medical personnel; and a record of this medical treatment must have been made a matter of official record.  

8.  Paragraph 2-13, Army Regulation 600-8-22 contains guidance for the VSM.  It states a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN.  Table B-1 contains a list of campaigns and shows that during the applicant's tenure of assignment in the RVN, participation credit was granted for the following four campaigns for the periods indicated:
* 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. 

9.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM 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.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

10.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) assists commanders in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It shows that the during the applicant’s tenure of assignment, his units (HHB, 1st Battalion, 77th Artillery and B Battery, 1st Battalion, 39th Artillery) received the following awards for the periods indicated and authorized in the Department of the Army General Order (DAGO) identified:

* Valorous Unit Award (VUA) 1 May-29 June 1970, DAGO 43, 1972
* RVN Gallantry Cross (RVNGC) with Palm, 21 February 1970-
28 February 1971, DAGO 42, 1972


DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request to be awarded the PH has been carefully considered and found to have merit.  The evidence of record confirms the applicant was wounded in action in the RVN on 3 May 1970, as evidenced by an entry on the Vietnam Casualty Roster.  Therefore, it would be appropriate to award the applicant the PH and to add it to his record and DD Form 214.

3.  The evidence of record also confirms the applicant received "excellent" conduct and efficiency ratings at all of his active duty assignments.  Further, his record is void of derogatory information or a unit commander disqualification that would have precluded award of the AGCM.  Therefore, it would be appropriate to award him the AGCM for his qualifying period of honorable active duty service from 3 October 1969 through 10 May 1971, and to add this award to his record and DD Form 214.

4.  The evidence of record also confirms that based on his RVN service and campaign participation he is eligible for the VUA, RVNGC with Palm Unit Citation, and 3 bronze service stars with his VSM.  Therefore, it would be appropriate to add these awards to his record and DD Form 214.  

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 Purple Heart for being wounded in action in the Republic of Vietnam on 3 May 1971, and the Army Good Conduct Medal for his qualifying honorable active duty service from 3 October 1969 through 10 May 1971; and 
   


   b.  amending item 24 of his DD Form 214 by deleting the current Vietnam Service Medal entry and replacing it with the entry “Vietnam Service Medal with 
3 bronze service stars and adding the following awards:
   
* Purple Heart
* Army Good Conduct Medal
* Valorous Unit Award
* 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)                                         AR20110017684



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ABCMR Record of Proceedings (cont)                                         AR20110017684



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