IN THE CASE OF:	  

		BOARD DATE:  17 May 2012

		DOCKET NUMBER:  AR20110022704 


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 add the Purple Heart.

2.  The applicant states he was awarded the Purple Heart, on 5 October 1970, under General Orders (GOs) Number 235, at the time he was in the hospital being treated for the wounds he incurred in combat; however, the award was not added to his DD Form 214.

3.  The applicant provides his DD Form 214 and a DA Form 8-275-3 (Clinical Record Cover Sheet) dated 4 October 1970.

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 13 February 1968.  He completed basic combat and advanced individual 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.  His record shows he served in Vietnam with Headquarters and Headquarters Troop, 1st Squadron, 1st Cavalry Regiment, Americal Division, from 22 June 1970 to 5 February 1971.

4.  The Vietnam casualty roster shows he sustained a wound as a result of hostile action on 4 October 1970.  He was hospitalized and treated for his wounds.

5.  Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) shows he sustained a blunt trauma wound to the back of his hand on 4 October 1970.

6.  He provided a DA Form 8-275-3, dated 4 October 1970.  This form shows he was treated for open penetrating wounds on his right hand and left thigh and abrasions on his right forearm.  This form also shows GOs Number 235, dated 
5 October 1970, awarded him the Purple Heart for wounds he received in combat.

7.  He was honorably released from active duty on 5 February 1971.  His DD Form 214 shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal
* Army Commendation Medal
* Bronze Star Medal 

8.  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.

9.  Item 29 (Qualification in Arms) of his DA Form 20 shows he received the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) on 
23 March 1968. 

10.  His record contains GOs Number 14425, issued by Headquarters, Americal Division, on 5 November 1970.  These orders awarded him the Bronze Star Medal with "V" Device.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It confirms his unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 
20 July 1965 to 28 March 1973, DAGO Number 8, dated 1974.

12.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign in which a member is credited with participating.  Appendix B shows that during his service in Vietnam, campaign participation credit was awarded for the following two campaigns:

* DA Sanctuary Counteroffensive, 1 May 1970 - 30 June 1970
* Vietnam Counteroffensive, Phase VII, 1 July 1970 - 30 June 1971

13.  A review of his service record shows no derogatory information in the form of lost time, nonjudicial punishment, or suspension of favorable personnel actions that would disqualify him for the first award of the Army Good Conduct Medal during the period 13 February 1968 through 5 February 1968.  He received "excellent" ratings for his conduct and efficiency.  There are also no entries in his record to indicate that his commanders denied him award of the Army Good Conduct Medal during this period of service.

14.  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.  There must have been no convictions by a court-martial.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's record shows he sustained a wound as a result of hostile action on 4 October 1970 in Vietnam and was treated by medical personnel.  This information was recorded on the Vietnam casualty roster, in item 40 of his DA Form 20, and on a DA Form 8-275-3 he provided which shows GOs awarded him the Purple Heart, which is not shown on his DD Form 214.  Therefore, he is entitled to have his DD Form 214 corrected to show this award.

2.  The evidence of record shows he earned the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M14), which is not shown on his DD Form 214.  Therefore, he is entitled to have his DD Form 214 corrected to show this badge.

3.  His records contain GOs awarding him the Bronze Star Medal with "V" Device, and while the Bronze Star Medal has already been recorded on his
DD Form 214 the "V" Device was not annotated.  Therefore, he is entitled to correction of his records to show he received the Bronze Star Medal with "V" Device.

4.  The evidence of record shows he was awarded the Vietnam Service Medal.  Additionally, records show he participated in two campaigns while serving in Vietnam.  Therefore, he is entitled to have his DD Form 214 corrected to show two bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

5.  GOs awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation which was not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this unit award.

6.  He served honorably during the period 13 February 1968 through 5 February 1971.  His records do not contain any derogatory information in the form of lost time, nonjudicial punishment, or suspension of favorable personnel actions that would disqualify him for the first award of the Army Good Conduct Medal.  Additionally, there are no entries in his record to indicate that his commander denied him this award.  It appears he met the criteria for this award.  Therefore, he is entitled to the award of the Army Good Conduct Medal and correction of his DD Form 214 to show it.  

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: 

* deleting from item 24 of his DD Form 214 the Bronze Star Medal
* awarding him the AGCM (1st Award) for the period 13 February 1968 through 5 February 1971
* adding the following awards to his DD Form 214:

* Bronze Star Medal with "V" Device
* Purple Heart
* Army Good conduct Medal (1st Award) 
* Vietnam Service Medal with two bronze service stars 
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)



      _______ _ 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)                                         AR20110022704



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ABCMR Record of Proceedings (cont)                                         AR20110022704



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