IN THE CASE OF:	  

		BOARD DATE:  7 June 2012

		DOCKET NUMBER:  AR20110024667 


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 his award of the Purple Heart.

2.  The applicant states:

* He was awarded the Purple Heart, but it is not reflected on his DD Form 214 
* On or about June 1970 he drove a 2 1/2 ton truck over a landmine in Vietnam
* He was hospitalized
* He lost the medal and citation in a tornado in June 1980

3.  The applicant provides no documentary evidence.

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 12 June 1967 for a period of 
3 years.  He arrived in Vietnam on 2 February 1969.  During his service in Vietnam he was assigned to:

* Company D, 116th Engineer Battalion from 9 February 1969 through
30 April 1969
* 572nd Engineer Company from 1 May 1969 to 1 February 1970

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

* item 38 (Record of Assignments) he received all "excellent" conduct and efficiency ratings throughout his service
* item 40 (Wounds) no entries (blank)
* item 41 (Awards and Decorations) the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Meritorious Unit Commendation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Two overseas service bars

4.  There is no evidence of any derogatory/disciplinary actions or a commander's disqualification that would have precluded the applicant from being awarded the first award of the Army Good Conduct Medal.

5.  His record contains a U.S. Army Vietnam (USARV) Form 130 (U.S. Army Vietnam Casualty Report Format), dated 17 September 1969, that indicates while the applicant was attempting to turn his 2 1/2 ton truck, he ran over a mine.  He was hospitalized for superficial skin abrasions on his face and left hand.  The incident occurred on 17 September 1969 at 0920 hours.

6.  On 2 February 1970, the applicant underwent a separation physical examination that makes no mention of any injuries or wounds sustained as a result of hostile action in Vietnam.  However, his Standard Form (SF) 89 (Report of Medical History), dated 2 February 1970, states "Facial & hand lacerations 2nd [sic] to mine explosion RVN (Vietnam), treated – good recovery 18 Sept 1969."

7.  On 2 February 1970, he was honorably released from active duty as an overseas returnee in the rank/grade of specialist four (SP4)/E-4.  He completed
2 years, 7 months, and 21 days of total active service with no time lost.  The
DD Form 214 he was issued at the time shows the same awards as shown on his DA Form 20.

8.  There is no evidence of record and the applicant did not provide any evidence that shows he was awarded the Purple Heart.   There are no orders for the Purple Heart in the available records.

9.  Review of The Adjutant General's Office, Casualty Division's Vietnam casualty listing does not list the applicant's name as a casualty.

10.  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 for the Purple Heart pertaining to the applicant.

11.  Army Regulation 600-8-22 (Military Awards) states:

	a.  The Purple Heart is awarded for a wound sustained 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 military personnel, and the medical treatment must have been made a matter of official record.  The regulation also states an example of an enemy-related injury which clearly justifies award of the Purple Heart is an injury caused by enemy placed mine or trap.

	b.  The regulatory guidance on the Vietnam Service Medal is contained in paragraph 2-13.  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 his service in Vietnam, the applicant participated in the following four campaigns:

* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* Tet 69 Counteroffensive, 1969 (23 February - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)

12.  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.

13.  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.  Paragraph 6d states that Department of the Army General Orders Number 8, dated 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.

DISCUSSION AND CONCLUSIONS:

1.  The governing regulation states an example of an enemy-related injury which clearly justifies award of the Purple Heart is an injury caused by enemy placed mine or trap.  The USARV Form 130 states the applicant's truck ran over a mine on 17 September 1969 in Vietnam and he was hospitalized for superficial skin abrasions on his face and left hand.  His SF 89 corroborates his injury in Vietnam.  Any reasonable doubt that it was an enemy mine should be resolved in his favor and therefore these documents are accepted as sufficient evidence in which to correct his DD Form 214 to show his award of the Purple Heart.

2.  He was released from active duty in the rank/grade of SP4/E-4 with almost
32 months of total active service and no lost time.  His record also shows he received all "excellent" conduct and efficiency ratings throughout his service with no derogatory/disciplinary actions or a commander's disqualification for the first award of the Army Good Conduct Medal.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) for the period 12 June 1967 through
2 February 1970 based on completion of a period of qualifying service ending with the termination of a period of Federal military service and his DD Form 214 should be corrected to show this award.

3.  He participated in four campaigns 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.

4.  All units in Vietnam were cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show this unit award.

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 from his DD Form 214 the Vietnam Service Medal;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period
12 June 1967 through 2 February 1970; and

	c.  adding to his DD Form 214 the:

* Purple Heart
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* 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)                                         AR20110024667



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ABCMR Record of Proceedings (cont)                                         AR20110024667



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