IN THE CASE OF:	  

		BOARD DATE:	  12 July 2012

		DOCKET NUMBER:  AR20120002424 


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 the Purple Heart (PH) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states he was given the PH while he was in the hospital in Vietnam or Japan.

3.  The applicant provides a copy of his DD Form 214.

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 23 June 1969.  The highest rank he attained while serving on active duty was specialist four/E4.

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) with the Company E, 1st Battalion, 14th Infantry, 4th Infantry Division, from 9 December 1969 to 20 February 1970.

4.  Item 38 (Record of Assignments) of his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his military service with no evidence of derogatory information in his military record.

5.  Item 40 (Wounds) of his DA Form 20 shows he sustained a wound in his left calf.

6.  A Surgeon General Form 84 (Clinical Record Cover Sheet) states that the applicant sustained wounds on 16 February 1970 in the RVN as result of hostile action.

7.  The applicant's official military personnel file is void of any orders or documents that indicate he was ever awarded the PH by proper authority while serving on active duty.

8.  The applicant's DD Form 214 shows he was released from active duty on 
22 March 1971, and he completed 1 year and 9 months of total creditable active military service with no lost time.

9.  The applicant's DD Form 214 shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Combat Infantryman Badge, Expert Marksmanship Qualification Badge with Rifle Bar (M-14), Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), Marksman Marksmanship Qualification Badge with Rifle Bar (M-60), and the Vietnam Campaign Medal with 60 device.

10.  The applicant's name is listed on the Vietnam casualty roster.

11.  Army Regulation 600-8-22 (Military Awards) provides the Army's awards policy.  Paragraph 2-8 contains guidance on the Purple Heart.  It states the Purple Heart is awarded to members wounded in action and states that in order to award the Purple Heart, there must be evidence the wound for which the award is being made was received as a result of enemy action, the wound required treatment by military medical personnel, and a record of the medical treatment was made a matter of official record.




12.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal (AGCM) 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.

13.  Army Regulation 600-8-22 contains the regulatory guidance on the Vietnam Service Medal (VSM).  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, participation credit was awarded for the Vietnam Winter-Spring campaign.

14.  Department of the Army General Order Number 8, dated in 1974, further entitled the applicant to wear the RVN Gallantry Cross with Palm Unit Citation.  This award was awarded to all units in the RVN from 8 February 1962 through   28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to add the PH to his DD Form 214 was carefully considered and it was determined that there is sufficient evidence to support this request.

2.  The evidence of record shows he was wounded on 16 February 1970 as a result of hostile action.  His name is listed on the Vietnam casualty listing and he states he was awarded the PH; therefore, he is entitled to have the PH added to his DD Form 214.

3.  The applicant did not have any evidence of derogatory information in his military record or a disqualification from a unit commander that would have precluded him from receiving the AGCM.  He received "excellent" efficiency and conduct ratings throughout his military service; therefore, it would be appropriate to award the applicant the AGCM and add it to his DD Form 214.

4.  The applicant's records show that he was awarded the VSM.  The evidence shows he participated in one campaign during his service in the RVN; therefore, he is eligible for wear of one bronze service star affixed to his previously-awarded VSM.

5.  While the applicant was assigned to his unit, it was cited for award of the RVN Gallantry Cross with Palm Unit Citation.  Therefore, it would be appropriate to correct his DD Form 214 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 the applicant the AGCM (1st award) for the period 23 June 1969 through 22 March 1971; and

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

* PH
* AGCM
* one bronze service star to his previously-awarded VSM 
* RVN 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)                                         AR20120002424





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ABCMR Record of Proceedings (cont)                                         AR20120002424



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