IN THE CASE OF:	  

		BOARD DATE:	  26 July 2012

		DOCKET NUMBER:  AR20120002594 


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 its addition to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states that he suffered wounds during combat operations in Vietnam and was not awarded the Purple Heart.  He feels this action was overlooked due to the fast-moving pace of combat operations at that time.  This would be in keeping with the highest traditions and recognition of military service.

3.  The applicant provides copies of his DD Form 214 and Department of Veterans Affairs Rating Decision.

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's military record shows he enlisted in the Regular Army, in pay grade E-1, on 29 December 1966, for 3 years.  He completed training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  He served in Vietnam from 29 June 1967 through 24 January 1969, during five campaigns.  He was assigned to the following:

* 5 July 1967 to 5 May 1968 - Company C, 1st Battalion, 327th Infantry Regiment, 101st Airborne Division
* 6 May 1968 to 23 January 1969 - Headquarters and Headquarters Company, 1st Brigade, 101st Airborne Division

4.  An Authorization for Individual Foreign Award memorandum, dated 20 November 1968, authorized him to accept and wear the Republic of Vietnam Gallantry Cross with Bronze Star Unit Citation.

5.  He accepted nonjudicial punishment under Article 15, Uniform Code of Military Justice for the following:

* 26 May 1969 - being disorderly
* 28 June 1969 - failing to go to his appointed place of duty

6.  He was honorably released from active duty in pay grade E-5 on 15 December 1969, at the expiration of his term of service, and was transferred to the U.S. Army Reserve Control Group (Reinforcement).  He was credited with completing 2 years, 11 months, and 17 days of active service and had no time lost.

7.  His DD Form 214 lists the:

* National Defense Service Medal
* Combat Infantryman Badge
* Parachutist Badge
* Republic of Vietnam Campaign Medal with Device (1960)
* Air Medal
* Bronze Star Medal with "V" Device
* Army Commendation Medal

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 also no evidence that his commander disqualified him for award of the Army Good Conduct Medal (1st Award).

9.  Item 40 (Wounds) of his DA Form 20 contains the entry "Fragment wound to right leg and chin on 21 April 1968."  Item 41 (Awards and Decorations) of this form does not list the Purple Heart.  There are no orders in his military personnel records awarding him the Purple Heart.

10.  Item 41 of his DA Form 20 also lists all the awards shown on his DD Form 214 and the:
	
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-60)

11.  The Vietnam casualty roster shows he was wounded on 21 April 1968.  The roster shows his casualty status code was "23."  This code indicates the status "hostile wounded in action, not serious, hospitalized."  

12.  A review of the Awards and Decorations Computer-Assisted Retrieval System, 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 orders for the Purple Heart pertaining to the applicant.

13.  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.

	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.  

	c.  A bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in.   One silver service star denotes five bronze service stars.
14.  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.  

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows his unit, 1st Battalion, 327th Infantry Division, was cited for the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period18 March 1968 - 2 May 1970, by Department of the Army General Orders Number 48, dated 1971.

16.  Department of the Army Pamphlet 672-3 also shows his unit, Headquarters and Headquarters Company, 101st Airborne Division, was cited for the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period19 July 1968 - 14 May 1969, by Department of the Army General Orders Number 43, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  There are no general orders that show the applicant was awarded the Purple Heart.  However, the evidence of record shows he was wounded as a result of hostile action in Vietnam on 21 April 1968, received treatment, and the treatment was made a matter of official record.  The evidence shows he is qualified for award of the Purple Heart.  Therefore, he is entitled to award of the Purple Heart and correction of his DD Form 214 to show this award.

2.  The evidence of record also shows he had "excellent" conduct and efficiency ratings throughout his service in the Army.  There is evidence of minor indiscipline during his service; however, the minor indiscipline should not over-shadow his achievements.  While in the Army, he attained the grade of E-5, served and was wounded in action in Vietnam, and earned the Bronze Star Medal with "V" Device.  Therefore, he is entitled to award of the Army Good Conduct Medal (1st Award) for the period 29 December 1966 through 15 December 1969 and to have it added to his DD Form 214.

3.  The evidence of record also shows he completed a qualifying period of service in Vietnam for award of the Vietnam Service Medal with one silver service star.  Therefore, he is entitled to award of the Vietnam Service Medal with one silver service star.  It would now be appropriate to add these awards to his DD Form 214.

4.  The evidence of record further shows he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) and Expert Marksmanship Qualification Badge with Rifle Bar (M-60).  Therefore, he is entitled to correction to his DD Form 214 to show these badges.

5.  The evidence of record also shows he was authorized wear the Republic of Vietnam Gallantry Cross with Bronze Star Unit Citation.  Therefore, it would also be appropriate to correct his DD Form 214 to show this unit award.

6.  General orders awarded his units the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, it would also be appropriate to correct his DD Form 214 to show these unit awards.

7.  In view of the foregoing, his records should be corrected 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:

* Awarding the applicant the:

* Purple Heart for wounded received in Vietnam on 21 April 1968
* Army Good Conduct Medal (1st Award) for the period 29 December 1966 through 15 December 1969


* adding to his DD Form 214 the:

* Purple Heart
* Army Good Conduct Medal
* Vietnam Service Medal with one silver service star
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-60)
* Republic of Vietnam Gallantry Cross with Bronze Star Unit Citation
* Republic of Vietnam Civil Actions Honors Medal First Class Unit Citation
* 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)                                         AR20120002594





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ABCMR Record of Proceedings (cont)                                         AR20120002594



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