IN THE CASE OF:	  

		BOARD DATE:	  2 August 2012

		DOCKET NUMBER:  AR20120002640 


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 to 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:

   a.  He was awarded the Purple Heart and requests that his DD Form 214 be corrected to reflect this award.  He knew the award was missing from his 
DD Form 214 when he was discharged, but he was told having it fixed would delay his departure another 3 days.  After being in combat a year all he thought about was going home.  At the time, he did not realize it would affect the benefits that he was entitled to receive as a veteran.

   b.  He needs the Purple Heart listed on his DD Form 214 to get the benefits that he is entitled to receive.  He has the medal in his possession and a photograph of him receiving the award, but he cannot find any paperwork to accompany it.  He reached out to the National Personnel Records Center (NPRC), but they told him to apply to this Board.
   
   c.  He served in Vietnam from September 1967 to September 1968.  He was assigned to Company E, 1st Battalion, 6th Infantry Regiment, 198th Light Infantry Brigade, Americal Division.  He was wounded during an operation to take over a hilltop in the Chu Lai Area.  There were automatic weapons fired at them and the flanking enemy threw a grenade which injured three of them at the same time.  He still has a piece of shrapnel in his left arm as a result of his injuries; a copy of his x-ray is included. 

   d.  He would appreciate all efforts that are made to resolve this problem.

3.  The applicant provides:

* DD Form 214
* picture of him receiving the Purple Heart
* Radiology Report of his left forearm
* letter from the NPRC

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 was inducted into the Army of United States on 22 September 1966.  He completed training and was awarded military occupational specialty 11D (Armor Intelligence Specialist).

3.  He served in Vietnam from 4 October 1967 through 14 September 1968, during four campaigns.  He was assigned to the following units from:

* 4 October 1967 to 19 July 1968 - Company E, 1st Battalion, 6th Infantry Regiment, 198th Infantry Brigade
* 20 July 1968 to 7 September 1968 - Headquarters and Headquarters Company, 198th Infantry Brigade

4.  General Orders Number 5745 issued by Headquarters, Americal Division, dated 30 August 1968, awarded him the Bronze Star Medal for meritorious service in Vietnam from August 1967 to September 1968.

5.  He was honorably released from active duty on 12 September 1968, as an overseas returnee, in pay grade E-5, and transferred to the U.S. Army Reserve Control Group (Annual Training).  He was credited with completing 1 year, 
11 months, and 21 days of active service and no time lost.

6.  His DD Form 214 lists the:

* National Defense Service Medal
* Vietnam Service Medal 
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* One Overseas Service Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

7.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his period of service.  There is also no evidence that his commander disqualified him for award of the Army Good Conduct Medal (1st Award).

8.  Item 40 (Wounds) of his DA Form 20 does not reflect he was wounded or injured as a result of hostile action.  Item 41 (Awards and Decorations) of this form does not list the Purple Heart.

9.  Item 41 of his DA Form 20 also lists all of the awards shown on his 1968 
DD Form 214 and the:

* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60)

10.  The Vietnam casualty roster shows he was wounded on 15 May 1968.  The roster shows his casualty status code was "23."  This code indicates the status "hostile wounded in action, not serious, hospitalized."  

11.  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.

12.  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.  A bronze service star is authorized to be worn with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in.   

13.  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.  

14.  Army Regulation 670-1 (Uniforms and Insignia), then in effect, governed the requirements for the overseas service bar.  It specified that a bar was authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate DA message.  One overseas service bar was authorized for each 6-month period of Federal service outside the continental limits of the United States.

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, 6th Infantry Division, was cited for the Valorous Unit Award for the period 7 to 11 February 1968, by Department of the Army General Orders Number 73, dated 1968

16.  Department of the Army General Order Number 8, dated in 1974, authorized the award of the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, to all personnel assigned to the United States Army Vietnam.

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 15 May 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, and he states he was awarded it.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  General orders confirm he was awarded the Bronze Star Medal during his period of service in Vietnam.  Therefore, he is entitled to correction to his 
DD Form 214 to show this medal.

3.  The evidence of record also shows he had "excellent" conduct and efficiency ratings throughout his period of service.  While in the Army, he attained the rank of E-5, served and was wounded in action in Vietnam, and earned the Bronze Star Medal.  Therefore, he is entitled to award of the Army Good Conduct Medal (1st Award) for the period 22 September 1966 through 12 September 1968 and to have it added to his DD Form 214.

4.  The evidence of record also shows he participated in four campaigns during his service in the Republic of Vietnam.  Therefore, he is entitled to award of four bronze service stars to be affixed to his already-awarded Vietnam Service Medal.  It would now be appropriate to correct his DD Form 214 to show these awards.

5.  Based on his period of service in Vietnam from October to September 1968, he is entitled to one additional overseas service bar.  Therefore, it would be appropriate to correct his DD Form 214 to show one additional overseas service bar.

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

7.  General orders awarded his unit the Valorous Unit Award and Republic of Vietnam Gallantry Cross with Palm Unit Citation when he was assigned to the unit.  Therefore, it would also be appropriate to correct his DD Form 214 to show these unit awards.

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 Army Good Conduct Medal (1st Award) for the period 22 September 1966 through 12 September 1968

   b.  Deleting from his DD Form 214 the:

* Vietnam Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Overseas service bar

   c.  adding to his DD Form 214 the:

* Purple Heart
* Bronze Star Medal
* Army Good Conduct Medal
* Vietnam Service Medal with four bronze service stars
* Two overseas service bars
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Machine Gun (M-60)
* Valorous Unit Award
* 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)                                         AR20120002640



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ABCMR Record of Proceedings (cont)                                         AR20120002640



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