IN THE CASE OF:	  

		BOARD DATE:	  3 May 2012

		DOCKET NUMBER:  AR20110022086 


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 wounded on 17 May 1970 while serving in the Republic of Vietnam (RVN).  His first sergeant told him the Purple Heart was not issued because of the number and severity of injuries to others at the time.

3.  The applicant provides no additional documentary evidence in support of his request.

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 was inducted in the Army of the United States on 2 April 1969. He was awarded military occupational specialty 11B (Light Weapons Infantryman).

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

	a.  item 31 (Foreign Service):  Vietnam from 3 September 1969 through
4 November 1970;

	b.  item 33 (Appointments and Reductions):  he was promoted to specialist four (SP4)/pay grade E-4 on 27 December 1969;

	c.  item 38 (Record of Assignments):

		(1)  Troop B, 3rd Squadron, 5th Cavalry, 9th Infantry Division, from
14 September 1969 through 3 November 1970;

    	(2)  he received "excellent" conduct and efficiency ratings throughout his military service;

	d.  item 39 (Campaigns):  is blank (no entry);

	e.  item 40 (Wounds):  is blank (no entry); and

	f.  item 41 (Awards and Decorations):  does not show the Purple Heart.

4.  A DD Form 214 shows the applicant entered active duty on 2 April 1969, was honorably released from active duty on 4 November 1970, and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his Reserve obligation.  He completed 1 year, 7 months, and 3 days of active service that included 1 year, 2 months, and 1 day of foreign service.  It also shows the:

* National Defense Service Medal
* Marksman Marksmanship Qualification Badge with Rifle (M-14) Bar
* Expert Marksmanship Qualification Badge with Rifle (M-16) Bar
* Vietnam Service Medal
* Army Commendation Medal
* Combat Infantryman Badge

5.  A Standard Form 600 (Chronological Record of Medical Care) shows the applicant received treatment at the 18th Surgical Hospital, on 14 May 1970, for a fragment wound on the right side of his neck.

6.  A review of the applicant's military personnel records failed to reveal any evidence he was awarded the Purple Heart.

7.  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.

8.  A review of The Adjutant General's Office, Casualty Division's Vietnam casualty roster shows the applicant's name is listed as a casualty, on
14 May 1970, under casualty status code "23."  This casualty code refers to "hostile wounded in action, not serious, hospitalized."

9.  A review of the applicant's military personnel records reveals he may be authorized additional awards that are not shown on his DD Form 214.

10.  Headquarters, U.S. Army Training Center, Engineer and Fort Leonard Wood, Fort Leonard Wood, Missouri, Special Orders Number 153, dated 2 June 1969, awarded the applicant the:

* Marksman Marksmanship Qualification Badge with Rifle (M-14) Bar
* Expert Marksmanship Qualification Badge with Rifle (M-16) Bar
* Sharpshooter Marksmanship Qualification Badge with Hand Grenade Bar

11.  Headquarters, U.S. Army Training Center, Infantry and Fort Lewis, Fort Lewis, Washington, Special Orders:

* Number 192, dated 11 July 1969, awarded the applicant the Second Class (Marksman) Marksmanship Qualification Badge with Machine Gun (M-60) Bar
* Number 195, dated 14 July 1969, awarded the applicant the Expert Marksmanship Qualification Badge with Automatic Rifle (M-16) Bar

12.  A review of the applicant's military service records failed to reveal evidence of any disciplinary actions, adverse information, or a commander's disqualification for the Army Good Conduct Medal (1st Award).

13.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal is awarded to individuals who completed a qualifying 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.  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.

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It shows that Department of the Army General Orders 8 (1974) announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

15.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

	a.  Paragraph 2-13 contains the regulatory guidance for the Vietnam Service Medal.  It states that one bronze service star is authorized with this service medal for each Vietnam campaign a member is credited with participating in.

	b.  Table B-1 contains a list of Vietnam Conflict campaigns and shows that during the applicant's service in Vietnam participation credit was awarded for the:

* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)
* Sanctuary Counteroffensive (1 May - 30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)

	c.  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.

DISCUSSION AND CONCLUSIONS:

1.  Records show the applicant received medical treatment at the 18th Surgical Hospital, on 14 May 1970, for a fragment wound on the right side of his neck. The Vietnam Casualty Roster also shows the applicant was wounded in action on 14 May 1970.  Thus, it would be appropriate to correct his records to show award of the Purple Heart.



2.  Special orders awarded the applicant the:

* Expert Marksmanship Qualification Badge with Automatic Rifle (M-16)
* Sharpshooter Marksmanship Qualification Badge with Hand Grenade
* Second Class (Marksman) Marksmanship Qualification Badge with Machine Gun (M-60)

3.  The applicant qualified for award of the Vietnam Service Medal and he served in four campaigns during his service in Vietnam.  Thus, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal; and

4.  General orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

5.  The applicant served a qualifying period of active duty enlisted service for the first award of the Army Good Conduct Medal from 2 April 1969 to 4 November 1970.

   a.  He was promoted to SP4 (E-4) with less than nine months of service.

   b.  He received "excellent" conduct and efficiency ratings during his service.

   c.  There is no evidence of any disciplinary actions, adverse information, or a commander's disqualification for the Army Good Conduct Medal (1st Award).

   d.  Despite the absence of the unit commander's recommendation for award of the Army Good Conduct Medal (1st Award), based on the available evidence it would be appropriate to award the applicant this medal and correct his
DD Form 214 to show the award.

6.  In view of the foregoing, it would be appropriate to correct the applicant's DD Form 214 to show his awards and decorations, as recommended below.

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 wounds receive in action in the Republic of Vietnam on 14 May 1970 (Standard Name Line:  SP4 Troop B, 3rd Squadron, 5th Cavalry, 9th Infantry Division);

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period
2 April 1969 through 4 November 1970 (Standard Name Line:  SP4 Troop B,
3rd Squadron, 5th Cavalry, 9th Infantry Division);

	c.  deleting from his DD Form 214 the "VSM"; and

	d.  adding to his DD Form 214 the:

* Purple Heart
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with 4 bronze service stars
* Expert Marksmanship Qualification Badge with Automatic Rifle (M-16) Bar
* Sharpshooter Marksmanship Qualification Badge with Hand Grenade Bar
* Marksman Marksmanship Qualification Badge with Machine Gun
(M-60) Bar
* 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)                                         AR20110022086



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110022086



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1