IN THE CASE OF:	  

		BOARD DATE:  19 July 2012

		DOCKET NUMBER:  AR20120000891 


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 and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show this award.

2.  He states he was injured by shrapnel from a grenade launcher in an ambush while on patrol in Vietnam.  He had major abdominal surgery to remove the shrapnel.

3.  He provides:

* DD Form 214
* DD Form 256A (Honorable Discharge)
* U.S. Army Reserve Components Personnel and Administration Center Letter Orders Number 05-1166565
* Western Union Telegram
* handwritten note related to an injury

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.  His military records show he was inducted into the Army of the United States on 24 June 1969.  He was awarded the military occupational specialty of 11B (Light Weapons Infantryman).  The highest rank/grade he held was sergeant/E-5.

3.  His DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam from 19 June 1970 to October 1970.  Item 38 (Record of Assignments) of this form shows he performed duties as a team leader while assigned to Company C, 2nd Battalion, 14th Infantry, 25th Infantry Division, from 30 June to 30 September 1970.  It further shows he was a patient from 1 October 1970 to approximately 13 October 1970 prior to returning stateside.

4.  Item 40 (Wounds) of his DA Form 20 shows he received multiple fragment wounds to his back and the left side of his face on 26 September 1970.

5.  A review of the Vietnam casualty roster shows he was listed as "hostile wounded in action, not serious, hospitalized" on 26 September 1970.

6.  He provides a copy of a Western Union Telegram, dated 29 September 1970, addressed to his parents which states he was slightly wounded in action in Vietnam on 26 September 1970 by a fragment while on a combat operation when his unit came between a cross-fire between a hostile force and a friendly force.  He received a wound to his back and a laceration to the left side of his head.

7.  He was honorably released from active duty on 23 June 1971 after completing 2 years of active service.

8.  His DD Form 214 shows award of the:

* National Defense Service Medal
* Vietnam Service Medal with one bronze service star
* Combat Infantryman Badge
* Army Commendation Medal with "V" Device
* Republic of Vietnam Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge with Machine Gun Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

9.  His records are void of any orders or other documents that indicate he was ever awarded the Purple Heart by proper authority.

10.  His records are void of any orders or other documents that indicate he was ever recommended for or awarded the Army Good Conduct Medal by proper authority.  His DA Form 20 shows all "excellent" conduct and efficiency ratings for assignments other than one efficiency “good” rating while at a school.  There is no evidence of any adverse actions against him or of disqualification by his chain of command.

11.  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.  Service school efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to      22 November 1955 were not disqualifying.  There must have been no convictions by a court-martial.  

12.  Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance on the Vietnam Service Medal.  It states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  Appendix B shows during his service in Vietnam participation credit was awarded for the DA Sanctuary Counteroffensive (1 May-30 June 1970) and Vietnam Counteroffensive Phase VII (1 July 1970-30 June 1971) campaigns.

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the unit to which he was assigned in Vietnam was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.

DISCUSSION AND CONCLUSIONS:

1.  His records are void of any evidence he had major abdominal surgery to remove shrapnel sustained from hostile action.  However, his records show he sustained injuries to his back and the left side of his face while serving in combat on 26 September 1970.  The evidence further shows he was a patient and returned to stateside soon thereafter.  His name is also listed on the Vietnam casualty roster validating that he was wounded in action on 26 September 1970.  Therefore, there is sufficient evidence to show he is entitled to award of the Purple Heart and correction of his records to show this award.
2.  He completed a period of qualifying service ending with the termination of a period of Federal military service.  He had "excellent" conduct and efficiency ratings for all non-schooling assignments throughout his tenure of service.  There is no record of disqualification by his chain of command and he achieved the rank of sergeant.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) for the period 24 June 1969 through 23 June 1971 and to add this award to his DD Form 214.

3.  He participated in two campaigns during his service in Vietnam.  Therefore, he is authorized two bronze service stars for wear on his Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

4.  The available evidence shows he served in Vietnam during a qualifying period for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be corrected to show this unit award.

5.  In view of the foregoing, the applicant is entitled to have his records corrected as shown below. 

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 all Department of the Army records of the individual concerned be corrected by: 

	a.  awarding him the Purple Heart for injuries received on 26 September 1970;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period 24 June 1969 through 23 June 1971;

	c.  deleting award of the Vietnam Service Medal from his DD Form 214; and

	d.  adding award of the following to his DD Form 214:

* 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



      __________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)                                         AR20120000891



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120000891



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1