IN THE CASE OF:	  

		BOARD DATE:  12 April 2012

		DOCKET NUMBER:  AR20110020468 


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 for a shrapnel wound he received while serving in Vietnam.  

2.  He states his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) makes no reference to award of the Purple Heart even though he was injured in combat.  

3.  He provides his DD Form 214, Standard Form (SF) 513 (Consultation Sheet), and SF Form 539 (Abbreviated Clinical Record).  

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 enlisted in the Regular Army on 25 October 1967.  The highest rank/grade he attained was sergeant (SGT)/E-5 with a date of rank of 20 March 1969.  

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

* item 31 (Foreign Service), he served in Vietnam from 13 April 1968 through 9 April 1969
* item 38 (Record of Assignments), he was assigned to Company A, 1st Battalion, 20th Infantry Regiment, 11th Infantry Brigade from 26 April 1968 to 6 April 1969
* item 38, he received "excellent" conduct and efficiency ratings and one rating of “good” during service school 
* item 40 (Wounds), no entry (blank)
* item 41 (Awards and Decorations), does not list the Purple Heart

4.  His service record does not include orders for award of the Purple Heart.  His name is listed on the Vietnam Casualty Roster and shows he was wounded in action on 16 May 1968.

5.  He provided the following medical documents:

   a.  SF 539, dated 16 May 1968, which indicates he sustained a fragment wound to the posterior of his left shoulder.  The fragment was removed and the area was debrided.  This form also shows the applicant admitted he was injured as a result of hostile action (IRHA) on 16 May 1968.  

   b.  SF 513, dated 24 July 1968, which shows he was evaluated for weakness with minimal soreness of his left shoulder since a shrapnel injury to his shoulder two months prior.

6.  Headquarters, Americal Division, General Orders Number 2923, dated 23 April 1969, awarded him the Bronze Star Medal for meritorious service from April 1968 to April 1969.  

7.  His service record shows he accepted nonjudicial punishment under Article 15, Uniform Code of Military Justice for wrongfully destroying by breaking several beer glasses and windows of a value estimated to be about $25.00. 

8.  On 15 October 1970, he was honorably released from active duty in the rank/grade of SGT/E-5.  He completed 2 years, 11 months, and 21 days of total active service with no time lost.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.  

9.  His DD Form 214 shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* First Class Gunner (Sharpshooter) Marksmanship Qualification Badge with Rifle Bar (M-14)
* two Overseas Service Bars

10.  A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), 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 pertaining to the applicant.

11.  References:

	a.  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 Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 2 November 1968 to 28 February 1969 by Department of the Army General Order Number 2, dated 1971.

	b.  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.

	c.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states that 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, the 


applicant participated in the Vietnam Counteroffensive Phase IV, Vietnam Counteroffensive Phase V, Vietnam Counteroffensive Phase VI, and Tet 69/Counteroffensive campaigns.  

	d.  Army Regulation 672-5-1 (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 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.  Service school efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 were not disqualifying.  There must have been no convictions by a court-martial.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he was injured by shrapnel in combat while he was serving in Vietnam is acknowledged and determined to have merit.

2.  The applicant’s service record does not contain orders for the Purple Heart.  However, his name is listed on the Vietnam Casualty Roster and his medical documentation shows:

* he sustained a fragment wound to the posterior of his left shoulder as a result of hostile action on 16 May 1968
* he was treated by medical personnel 
* the treatment of his wounds were made a matter of official record

3.  Therefore, the available evidence is sufficient as a basis for awarding him the Purple Heart for wounds received in action on 16 May 1968 and to correct his 
DD Form 214 to show this award.

4.  General orders show he was awarded the Bronze Star Medal for meritorious service from April 1968 through April 1969.  Therefore, this award should be added to his DD Form 214.  

5.  His service record does not show he was disqualified from receiving the Army Good Conduct Medal (1st Award) for the period 25 October 1967 through 
15 October 1970.  Although he received one Article 15 and one rating of  an 


academic “good” these factors are not disqualifying for award of the Army Good 
Conduct Medal (1st Award).  He was promoted to SGT, received otherwise all "excellent" conduct and efficiency ratings, and awarded the Bronze Star Medal during this period.  Therefore, his DD Form 214 should be corrected to show this award.

6.  His unit in Vietnam was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be amended to reflect this foreign unit award.

7.  The applicant participated in four campaign phases during his service in Vietnam.  Therefore, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

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.  deleting the Vietnam Service Medal from his DD Form 214;

	b.  awarding him the Purple Heart for wounds received in action on 16 May 1968 in Vietnam; 

	c.  awarding him the Army Good Conduct Medal (1st Award) for the period 25 October 1967 through 15 October 1970; and 


	d.  adding the Purple Heart, Bronze Star Medal, Army Good Conduct Medal (1st Award), Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Vietnam Service Medal with four bronze service stars to his DD Form 214.  



      ___________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)                                         AR20110020468



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ABCMR Record of Proceedings (cont)                                         AR20110020468



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