IN THE CASE OF:	  

		BOARD DATE:	  28 June 2012

		DOCKET NUMBER:  AR20110025087 


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 that while recovering onboard the hospital ship USS Repose off the coast of the Republic of Vietnam (RVN), he was awarded the Purple Heart by a visiting general for wounds received in combat in northern Quang Tri Province on 22 November 1969.  He believes that because the award was presented while aboard the hospital ship and he was then medically evacuated to Japan and finally to the United States the paperwork never caught up with his permanent records.

3.  The applicant provides:

* DD Form 214
* Veterans Administration, Veterans Benefits Award, dated 1 September 1970
* VA Form 21-6782 (Original Disability Compensation)
* Department of Veterans Affairs letter, dated 13 January 2011


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 18 July 1968 and he held military occupational specialty 11B (Light Weapons Infantryman).  He arrived in the RVN on or about 1 September 1969 and he was assigned to Company A, 1st Battalion, 11th Infantry, 1st Brigade, 5th Infantry Division (Mechanized) on 12 September 1969.

3.  His record contains a Western Union telegram, dated 29 November 1969, which informed his parents that he had been slightly wounded by a fragment on 
25 November 1969 while at a night defensive position when the area came under attack by a hostile force.  He received a wound to his right hand.  Further, he was treated and hospitalized in RVN.  A Casualty Division message confirms the same events described above.

4.  His DD Form 214 shows that he departed the RVN on or about
4 December 1969.  He was honorably released from active duty on 17 July 1970 and transferred to the U.S. Army Reserve Control Group (Annual Training).  He completed 2 years of creditable active service.

5.  His DD Form 214 also shows the:

* National Defense Service Medal 
* Vietnam Service Medal
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Rifle Bar (Rifle and M79 Grenade Launcher)

6.  His name is shown on the Vietnam Casualty Roster; however, his records do not contain general orders which authorized him award of the Purple Heart.

7.  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 Purple Heart orders pertaining to the applicant.

8.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his service.  There is no derogatory information in his file that would have disqualified him from receiving the first award of the Army Good Conduct Medal.

9.  Army Regulation 672-5-1 (Decorations and 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.  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) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.

11.  Army Regulation 600-8-22 (Military Awards) states the RVN Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in the RVN during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in the RVN for 6 months or more.  Individuals who qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and served for less than six months of service but:

* were wounded as a result of hostile action 
* were captured by hostile forces but later escaped or were rescued or released
* were killed in action or otherwise in line of duty

are also entitled to award of the RVN Campaign Medal with Device (1960).


12.  Appendix B of Army Regulation 600-8-22 shows that during his service in Vietnam participation credit was awarded for the below campaigns.  A bronze service star is awarded for wear on the Vietnam Service Medal for participation in each campaign.

* Vietnam Summer-Fall 1969 – 9 June 1969-31 October 1969
* Vietnam Winter-Spring - 1 November 1969 - 30 April 1970

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his DD Form 214 to show the award of the Purple Heart.

2.  The evidence of record shows he was wounded as a result of hostile action on 25 November 1969 and his name appears on the Vietnam casualty listing. Therefore, his DD Form 214 should be corrected to show award of the Purple Heart.

3.  General orders awarded his unit the RVN Gallantry Cross with Palm Unit Citation  It would be appropriate to correct his DD Form 214 to show this award.

4.  He participated in two campaigns during his service in Vietnam.  Therefore, he is entitled to two bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show the appropriate service stars.

5.  His records show he served 3 months and 4 days in the RVN.  Regulatory guidance states that qualifying service for award of the RVN Campaign Medal with Device (1960) included assignment in Vietnam for 6 months or more; however, individuals who qualified for award of the Vietnam Service Medal and served for less than six months of service but were wounded as a result of hostile action are also entitled to award.  Therefore, he is entitled to this foreign service medal.

6.  He qualified for award of the Army Good Conduct Medal based on his "excellent" conduct and efficiency rating throughout his tenure of service with no record of any disciplinary actions.  Therefore, he should be awarded the Army Good Conduct Medal and his records should be corrected to show this award.

7.  In view of the above, his request should be granted.


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 
18 July 1968 through 17 July 1970 and

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

* Purple Heart
* Army Good Conduct Medal (1st Award)
* two bronze service stars for his previously-awarded Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* 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)                                         AR20110025087





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ABCMR Record of Proceedings (cont)                                         AR20110025087



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