BOARD DATE:	  15 March 2012

		DOCKET NUMBER:  AR20110017784 


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:

   a.  he is entitled to the PH for wounds he sustained in action on 7 December 1967, while assigned for duty with Company A, 1st Battalion, 50th Infantry Regiment;
   
   b.  although he was wounded when a rocket hit the armored personnel carrier he was in, he refused medical care and repeatedly exposed himself to hostile fire placing suppressive fire on enemy positions and disregarding his own safety, he helped remove his wounded comrades ensuring their safe evacuation.
   
3.  The applicant provides:

* Bronze Star Medal (BSM) Order
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)


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 15 September 1966.  He was trained in and awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows:

   a.  he served in the Republic of Vietnam (RVN) from 1 September 1967 to 31 August 1968 with Company A, 1st Battalion, 50 Infantry Regiment;
   
   b.  he received multiple fragment wounds in both legs on 7 December 1967;
   
   c.  he received no less than "excellent" conduct and efficiency ratings at each of his active duty assignments; and
   
   d.  he earned the following list of awards:

* National Defense Service Medal (NDSM)
* Combat Infantryman Badge (CIB)
* Vietnam Service Medal (VSM)
* RVN Campaign Medal with Device 1960 (RVNCM)
* Air Medal (AM)
* Overseas Service Bar
* Sharpshooter Marksmanship Qualification Badge with M-16 Rifle Bars
* Marksman Marksmanship Qualification Badge with M-14 Rifle Bar

4.  The applicant's Military Personnel Records Jacket (MPRJ) contains no derogatory information and there is no documented record of a unit commander disqualification that would have precluded him from receiving the Army Good Conduct Medal (AGCM).

5.  The applicant's MPRJ contains Headquarters, 1st Cavalry Division, 1st Endorsement dated 24 February 1968, which includes United States Army Vietnam (USARV), Special Orders Number (#) 23 dated 23 January 1968 as an attachment.  These documents combined shows the applicant was medically evacuated to the USARV Patient Casual Company on 5 January 1968, and further reassigned to the Medical Holding Detachment, 106th General Hospital on 19 January 1968.

6.  The applicant's MPRJ includes the following three Headquarters, 1st Cavalry Division, General Orders (GO), announcing the awards indicated:

   a.  GO #360 dated 16 January 1968 - AM for the period October - December 1967
   
   b.  GO #1227 dated 1 March 1968 - AM for the period September 1967 - February 1968
   
   c.  GO #2748 dated 2 May 1968 - BSM "V" Device (The citation includes the statement that shows the applicant sustained a wound but refused medical aid and continued to engage the assaulting hostile force.)

7.  On 4 September 1968, the applicant was honorably released from active duty after completing 1 year, 11 months, and 20 days of creditable active duty service. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized ) of his DD Form 214 includes the following list of awards:

* NDSM
* RVN Campaign Medal (RVNCM)
* AM
* VSM
* BSM

8.  The applicant's record is void of any orders or other documents that indicate he was ever awarded the PH by proper authority while serving on active duty.  

9.  During the processing of this case, a member of the Board's staff reviewed the Department of the Army Vietnam casualty roster.  The applicant's name is included on this list of RVN casualties.

10.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  

	a.  Paragraph 2-8 contains the regulatory guidance pertaining to awarding the PH.  It states the PH is awarded to any member who has been wounded or killed in action.  In order to support awarding a member the PH, it is necessary to establish that the wound, for which the award is being made, required treatment by a medical officer and that treatment must have been made a matter of the official record.

	b.  Paragraph 2-13 of the awards regulation 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 the applicant's service in Vietnam, he participated in the following four campaigns:

* Vietnam Counteroffensive Phase III
* TET Counteroffensive
* Vietnam Counteroffensive Phase IV
* Vietnam Counteroffensive Phase V

11.  Army Regulation 672-5-1 (Awards) 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 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.  

12.  Department of the Army General Order Number 8, dated in 1974, authorized the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all personnel assigned to the RVN from 8 February 1962 through 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's claim of entitlement to the PH.  The BSM order awarded to the applicant for his heroism includes a citation confirming he sustained a wound but refused medical aid and continued to engage the assaulting force.  The evidence of record also shows he was subsequently medically evacuated to the Patient Casualty Company for medical treatment.  As a result, the regulatory criteria necessary for the award of the PH has been satisfied and his record should be corrected to show this award.  In addition, the BSM should be correctly annotated on his DD Form 214 to add the "V" Device for valor.

2.  The evidence of record contains official orders showing the applicant was twice awarded the AM for different periods and his DD Form 214 only lists one of these awards.  Therefore, item 24 of his DD Form 214 should be corrected at this time to show the AM with Numeral 2 to denote both awards.

3.  The applicant's record also confirms that he received no less than "excellent" conduct and efficiency ratings at all of his active duty assignments.  Further, the record is void of any derogatory information or a specific disqualification by any of the active duty unit commanders for whom he served.  As a result, it would be appropriate to award the applicant the first award of the AGCM, for his qualifying period of honorable active duty service from 15 September 1966 through 4 September 1968.

4.  The evidence of record confirms the applicant was awarded the CIB, Sharpshooter Marksmanship Qualification Badge with M-16 Rifle Bar, and Marksman Marksmanship Qualification Badge with M-14 Bar which are not currently reflected on his DD Form 214.  Accordingly, these qualifications and badge should be added to item 24 of his DD Form 214 at this time.

5.  The evidence of record also shows that based on the applicant's service and campaign participation in the RVN, he is also entitled to the RVN Gallantry Cross with Palm Unit Citation and four bronze service stars to be affixed to his already-awarded VSM.  Thus, it would also be appropriate to add these awards to his DD Form 214 at this time.

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 7 December 1967;

   b.  awarding him the first award of the Army Good Conduct Medal, for his qualifying honorable active duty service from 15 September 1966 to 4 September 1968; 
      
   c.  deleting the current entries contained in Item 24 of his DD Form 214 and replacing it with the following list of awards:
   
* Bronze Star Medal with "V" Device
* Purple Heart
* Air Medal with Numeral 2
* Army Good Conduct Medal
* National Defense Service Medal
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Campaign Medal with Device 1960
* Combat Infantryman Badge
* Sharpshooter Marksmanship Qualification Badge with M16 Bar
* Marksman Marksmanship Qualification Badge with M-14 Rifle Bar
* Overseas Service Bar
      
   d.  and issuing him a correction to his DD Form 214 to reflect these awards.




      _______ _   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)                                         AR20110017784





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110017784



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1