BOARD DATE:	  12 June 2012

		DOCKET NUMBER:  AR20120000133 


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 (PH).

2.  The applicant states he received the Bronze Star Medal (BSM) which indicates he was seriously wounded by fragmentation from a hostile grenade.  He deserves the PH and his DD Form 214 should be corrected to reflect this award.

3.  The applicant provides copies of two orders awarding him the BSM.

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 and held military occupational specialty 11B (Light Weapons Infantryman).  The highest grade/rank he attained during this period of service was sergeant/E5.

3.  The applicant served in the Republic of Vietnam (RVN) with Company B, 1st Battalion, 6th Infantry, 198th Infantry Brigade during the period 24 July 1970 to 30 June 1971 and he was honorably released from active duty on 6 October 1971.  The applicant's DD Form 214 shows he earned the following awards during his active duty tenure:

* National Defense Service Medal
* Combat Infantryman Badge
* Army Commendation Medal
* Vietnam Campaign Medal with 1960 Device
* Bronze Star Medal with "V" device and 1 Oak Leaf Cluster
* Vietnam Service Medal with 2 bronze stars

4.  That applicant's Military Personnel Records Jacket (MPRJ) is void of any orders or other documents indicating the applicant was ever recommended for or awarded the PH.  

5.  Review of The Adjutant General's Office, Casualty Division's Vietnam casualty listing shows the applicant's name is listed as a casualty on 13 November 1968 under casualty status code "24."  This casualty code refers to "hostile wounded in action, not serious, not hospitalized."

6.  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 United States Army Human Resources Command, failed to reveal any award orders pertaining to the applicant.

7.  Applicant submitted a copy of General Orders Number 4909, dated 30 April 1971, which awarded him the BSM with "V" device for heroism in connection with ground operations against a hostile force in the RVN.  The orders further state the applicant was seriously wounded by fragmentation from a hostile grenade on 8 November 1970.

8.  Army Regulation 600-8-22 (Military Awards) states the PH 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.   A review of his service record indicates his entitlement to additional awards which are not reflected on his records and/or his DD Form 214.

10.  A review of his service record shows no derogatory information that would disqualify him for the first award of the Army Good Conduct Medal (AGCM).  Furthermore, Section 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his military service.

11.  Army Regulation 600-8-22 states the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) assists commanders in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It shows that during the applicant's tenure of assignment in the RVN, his unit, 1st Battalion, 6th Infantry was cited for award of the Republic of Vietnam Gallantry Cross (RVNGC) with Palm Unit Citation for the period 1 March – 9 October 1971 by Department of the Army General Order (DAGO) Number 6, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for award of the PH was carefully considered and determined to have merit.

2.  The evidence of record shows the applicant sustained a fragmentation wound on 8 November 1970 as a result of hostile action while in RVN.  Therefore, he is entitled to award of the PH and correction of his DD Form 214 to show it.

3.  He served honorably from 5 February 1970 through 6 October 1971.  He completed a combat tour in RVN, attained the rank/grade of sergeant/E-5, and received "excellent" efficiency and conduct ratings throughout his military service. Lacking any derogatory information on file that would have disqualified him from receiving the first award of the AGCM, it would be appropriate to award the applicant the AGCM and to correct his records to show this award.

4.  The evidence of record also confirms that based on his RVN service he is entitled to the RVNGC with Palm Unit Citation.  Therefore, his DD Form 214 should be corrected to show this 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. awarding him the PH for wounds received in action on 8 November 1970 in RVN;

   b. awarding him the AGCM (First Award) for the period 5 February 1970 through 6 October 1971; and,

c. adding to his DD Form 214 the following:

* PH
* AGCM (First Award)
* RVNGC 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)                                         AR20120000133





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ABCMR Record of Proceedings (cont)                                         AR20120000133



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