IN THE CASE OF:	  

		BOARD DATE:	  24 April 2012

		DOCKET NUMBER:  AR20110020475 


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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart.

2.  The applicant states he was awarded the Purple Heart for wounds he incurred in Vietnam on 8 August 1970.

3.  The applicant provides a news article showing the Purple Heart being presented to him.

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 2 September 1969.  He completed training and was awarded military occupational specialty 11B (Light Weapons Infantryman).  The highest rank/grade he attained while serving on active duty was specialist four/E-4.

3.  Item 31 (Foreign Service) of the applicant's DA Form 20 (Enlisted Qualification Record) shows service in U.S. Army Pacific – Vietnam for the period 5 February 1970 to 23 August 1970.

4.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows:

* he was assigned to Company D, 3rd Battalion, 187th Infantry, in the Republic of Vietnam
* he was in a patient status during the period 15 August 1970 to 7 October 1970

5.  Item 40 (Wounds) of the applicant's DA Form 20 shows fragment wounds to both legs and chin with no eye damage on 8 August 1970.

6.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 does not show award of the Purple Heart.

7.  On 2 June 1971, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training).

8.  His DD Form 214 shows he was awarded or authorized the National Defense Service Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), Expert Marksmanship Qualification Badge with Rifle Bar (M-16), Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), and Combat Infantryman Badge.

9.  The applicant's records contain a casualty report coded "NE FRIAR" indicating he was "slightly wounded or injured as a result of hostile action" and "non-elected to notify next of kin."  This report shows he sustained fragment wounds to both legs and chin with no eye damage as a result of a hostile booby trap on 8 August 1970 at 2000 hours.

10.  The applicant's records also contain a message showing he was medically evacuated from Vietnam to the 249th General Hospital, Japan.

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 awarding him the Purple Heart.

12.  His available record shows he received all "excellent" conduct and efficiency ratings throughout his service and does not contain any derogatory information or a record of a commander's disqualification for award of the Army Good Conduct Medal.

13.  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 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.  A Soldier's conduct and efficiency ratings must have all been recorded as "excellent."  There must have been no convictions by court-martial.

14.  Army Regulation 600-8-22 (Military Awards) 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.

15.  Army Regulation 600-8-22 provides for award of the Vietnam Service Medal.  It states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  Appendix B shows participation credit was awarded for three campaigns during his service in Vietnam – Vietnam Winter-Spring 1970, Sanctuary Counteroffensive, and Vietnam Counteroffensive Phase VII.

16.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows awards received by units serving in the Republic of Vietnam.  The unit to which the applicant was assigned while serving in Vietnam was cited for the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders 8, dated 1974, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Orders 48, dated 1971.



DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show award of the Purple Heart was carefully considered and determined to have merit.

2.  The preponderance of evidence shows he incurred a fragment wounds to his legs and chin as the direct result of hostile action while serving in the Republic of Vietnam on 8 August 1970.  Therefore, this is accepted as sufficient evidence with which to correct his DD Form 214 to show receipt of this award.

3.  His records show he was awarded the Vietnam Service Medal.  The evidence shows he participated in three campaigns during his service in Vietnam.  Therefore, he is entitled to three bronze service stars with his previously-awarded Vietnam Service Medal.

4.  The evidence of record shows he completed a period of honorable service during which he received all "excellent" conduct and efficiency ratings and had no convictions by court-martial.  Additionally, there is no evidence he was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) for the period 2 September 1969 through 2 June 1971 and is entitled to correction of his DD Form 214 to show this award.

5.  General orders awarded the unit to which the applicant was assigned the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

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:

	a.  awarding him the Army Good Conduct Medal (1st Award) for the period 2 September 1969 through 2 June 1971 and

	b.  adding the following awards to his DD Form 214:

* Purple Heart
* Army Good Conduct Medal (1st Award)
* three bronze service stars for his previously-awarded Vietnam Service Medal
* 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)                                         AR20110020475



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110020475



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1