IN THE CASE OF:	  

		BOARD DATE:	  14 June 2012

		DOCKET NUMBER:  AR20110024948 


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.

2.  The applicant states he was wounded in action on 26 August 1971.

3.  The applicant provides copies of statements from two comrades-in-arms from Vietnam and a 26 August 1971 record of medical care.

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 into the Army of the United States on 5 February 1970.  He completed training as a heavy truck driver and was posted to Vietnam.  Between 23 September 1970 and 21 September 1971 he served in Vietnam with four different transportation companies.
3.  His DA Form 20 (Enlisted Qualification Record) shows in:

   a.  item 38 (record of Assignments) exclusively “excellent” conduct and efficiency ratings;

	b.  item 40 (Wounds) contains no entries.

4.  The applicant was honorably released from active duty on 23 September 1971 and transferred to the U.S. Army Reserve in pay grade E-4.  His DD Form 214 lists his authorized awards as the National Defense Service Medal, Army Commendation Medal, Republic of Vietnam Campaign Medal with Device (1960), two Overseas Service Bars, and the Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) Bar.

5.  The applicant's name is not listed on the Vietnam Casualty Roster and there are no general orders bearing his name in the Awards and Decorations Computer Assisted Retrieval System. 

6.  The medical record, dated 26 August 1971, that the applicant submitted with this application states he injured both hands when a rocket propelled grenade (RPG) went off in the gun truck.  He was diagnosed with abrasions to both hands.  He was treated and released.

7.  The statements from the applicant's comrades-in-arms indicate, in effect:

   a.  George O____(who appears to have been close friends with the applicant) states they shared many tough convoys taking supplies to the units along the Demilitarized Zone.  On the day in question, George was in the second truck behind the gun truck, named "Ho Chi's Hearse."  The applicant was assigned to the company's gun truck as the .50 caliber machine gunner.  George could see various members in the truck being thrown/blown in different directions.  The applicant went head over heels and landed hard on his hands and knees.  Nevertheless, the applicant managed to get back into the truck and returned fire.  Then the helicopter gunships arrived and took over the fight.  After arriving at their destination and being debriefed the applicant went to the dispensary where he was treated and released.  They thought the dispensary had put the applicant in for the Purple Heart, but nothing ever became of it.   
   
   b.  Thomas C____ relates that when his vehicle got to the gun truck the ambush was over and all of the men were outside the truck.  One man had been struck by shrapnel, one had a broken collar bone, and another's hands were hurt.  

The others had been thrown from the truck but they did not appear to have serious injuries. 

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

   a.  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.  A recommendation is not required because the individual is entitled to the Purple Heart upon meeting the criteria.

	b.  The Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.  The applicant's tour of duty coincided with the Vietnam Counteroffensive Phase VII from 1 July 1970 through 30 June 1971 and Consolidation I from 1 July through 30 November 1971.

9.  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.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) states that all units serving in Vietnam were authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Order Number 8 of 1974.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states he was wounded in action on 26 August 1971.

2.  The medical record, dated 26 August 1971, shows the applicant was treated for wounds sustained on 26 August 1971 when an RPG (an enemy weapon) exploded in the gun truck.  The applicant's comrade's statements confirm the 
applicant was wounded while in action against the enemy.  The medical document coupled with the detailed witness statements is sufficient evidence to support award of the Purple Heart.

3.  Experience has shown that during the Vietnam era virtually no Soldier received the Army Good Conduct Medal unless they had completed 3 full years of active duty service.  The applicant's “excellent” conduct and efficiency ratings, offense-free record, wartime service, and personal decorations are sufficient to support award of the Army Good Conduct Medal.

4.  The applicant served in Vietnam during two designated campaign periods.  He is authorized the Vietnam Service Medal with two bronze service stars.

5.  He is authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

6.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s DD Form 214 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 sustained in action on 26 August 1971 and the Army Good Conduct Medal for service from 5 February 1970 through 23 September 1971, and 

	b.  in addition to the awards already shown on his 23 September 1971 
DD Form 214 showing he is authorized the Purple Heart, Army Good Conduct 


Medal (1st Award), Vietnam Service Medal with two bronze service stars, and 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)                                         AR20110024948



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ABCMR Record of Proceedings (cont)                                         AR20110024948



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