IN THE CASE OF:	  

		BOARD DATE:	  16 August 2012

		DOCKET NUMBER:  AR20120003230 


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 Army Good Conduct Medal.

2.  The applicant states:

	a.  He would like to be awarded a Purple Heart for wounds received in combat in Vietnam on 9 June 1970.  He was not awarded the Purple Heart at the time of the incident or upon discharge.  He also was never awarded the Army Good Conduct Medal.  

   b.  He was told by his platoon sergeant (PSG) that he would receive a Purple Heart for his wounds as he had been put in for the award.  He was wounded by a booby trap device tripped by another Soldier on 9 June 1970 while on patrol in the Bong Son area.  He was treated in the field for a concussion and a cut on his face.  He suffered headaches and ringing in the ears for days afterward.
   
   c.  He had no contact with any of the men he served with until he attended a reunion of the 173rd Airborne Brigade in June 2011.  At that reunion, his former PSG Sxxx asked him if he got his Purple Heart.  He said "no" he never received it.  PSG Sxxxx told him that he had put him in for the award after he was injured. That discussion has led him to pursue this award that he feels he earned and truly deserves.
   
   d.  He is also including statements from two witnesses who were present when he was wounded and a statement from PSG Sxxx indicating that he did indeed recommend the applicant for award of the Purple Heart.  He is also sending a picture of himself that clearly shows the band-aid the medic put on his face.
   
   e.  At the reunion he also discovered that he was not the only one who did not receive the medals and awards that he earned and deserve.  He would like his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to reflect the Purple Heart.

3.  The applicant provides:

* a picture alleged to be of himself
* three sworn statements from members of his former unit

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 on 28 August for 1969 for 2 years.  He completed training and he was awarded military occupational specialty 11C (Infantry Indirect Fire Crewman).  

3.  He served in Vietnam from 12 March 1970 through on or about 2 April 1971, during three campaigns.  He was assigned to Company E, 2nd Battalion (Airborne), 503rd Infantry, 173rd Airborne Brigade.

4.  He was honorably released from active duty on 3 April 1971, 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, 7 months, and 6 days of active service and no time lost.

5.  His DD Form 214 lists the:

* National Defense Service Medal
* Vietnam Service Medal 
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Commendation Medal
* Combat Infantryman Badge
* Air Medal
* Bronze Star Medal
* Parachutist Badge
* Two overseas service bars
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

6.  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).

7.  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.

8.  Item 41 of his DA Form 20 also lists all of the awards shown on his 1971 
DD Form 214 and the:

* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Mortar Bar
* Marksman Marksmanship Qualification Badge with Pistol Bar (.45 caliber) 

9.  There is no evidence in his service personnel record showing he was wounded during his period of service in Vietnam.  There are no official orders in his military personnel records authorizing him award of the Purple Heart.

10.  He provides three sworn statements which show the following:

   a.  In the first affidavit the applicant's former PSG Sxxx stated that he did recommend the applicant for the Purple Heart.  The applicant was part of a reconnaissance team conducting a visual damage assessment (VDA).  While on the mission a Sergeant (SGT) Pxxxx tripped a bobby trap and both he and the applicant sustained injuries.  SGT Pxxxx was stabilized in the field and medically evacuated (medivac) to the Battalion Aid Station for further medical treatment.  The applicant was treated in the field for bleeding from his mouth, right ear, nose, and a small laceration on his left cheek.  The applicant decided to stay with his team to try to fulfill their assigned mission.

	b.  In the second affidavit the applicant's recon team leader, SGT Pxxxx,  stated that his team had a visual damage assessment mission for reported secondary explosions from an air strike in the Bong Son area, with a secondary mission to check a possible machine gun position some distance away.  Upon completing the VDA part of the mission and enroute to the reported machine gun position he tripped a booby trap and was wounded.  Prior to the medivac arriving he observed the applicant bleeding from the nose and one ear, probably from the concussion of the booby trap.  The applicant said he would be alright and wanted to stay and complete the mission.  It was reported to him when he returned to duty that the applicant had been put in for the Purple Heart.  The applicant never received one.

	c.  In the third statement, the individual stated that he witnessed SGT Pxxxx set off the booby trap after a VDA mission.  The applicant and SGT Pxxxx were both injured as a result.  The applicant was treated and chose to continue the mission.  It was reported the applicant was put in for a Purple Heart, but he did not receive it.  Often times, they, the unsung heroes, get overlooked for the work that they did in this country, and he would hate to see the applicant not receive the honor that he deserved.  Please reconsider the applicant's case and award him the Purple Heart that he earned.

11.  The Vietnam casualty listing does not show his name.

12.  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 regulation also states that when contemplating an award of the Purple Heart the key issue commanders must take into consideration is the degree to which the enemy caused the injury.  

	c.  The regulation further provides for award of the Purple Heart to individuals wounded or killed as a result of “friendly fire” in the “heat of battle” as long as the “friendly” projectile or agent was released with the full intent of inflicting damage or destroying enemy troops or equipment.

	d.  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.   

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, 2nd Battalion, 503rd Infantry, was cited for the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 5 May 1965-26 September 1970, by Department of Army General Orders (DAGO) Number 51, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for the period 15 April 1969-16 March 1971, by DAGO 5, dated 1973

DISCUSSION AND CONCLUSIONS:

1.  With respect to award of the Army Good Conduct Medal, the evidence of record shows the applicant had "excellent" conduct and efficiency ratings throughout his period of service.  While in the Army, he attained the rank of E-5, and earned the Army Commendation Medal and Bronze Star Medal.  Therefore, he is entitled to award of the Army Good Conduct Medal (1st Award) for the period 28 August 1969 through 3 April 1971 and to have it added to his DD Form 214.

2.  The evidence of record also shows he participated in three campaigns during his service in the Republic of Vietnam.  Therefore, he is entitled to award of three 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 stars.

3.  The evidence of record further shows he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-16), Expert Marksmanship Qualification Badge with Mortar Bar, and Marksman Marksmanship Qualification Badge with Pistol Bar (.45 caliber).  Therefore, he is entitled to correction to his DD Form 214 to show these badges.

4.  General orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class 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.

5.  His contention for award of the Purple Heart and the document he provides were carefully considered.  It is understandable that reading the affidavits he obtained would cause one to believe that the injuries incurred by the applicant were combat-related since they occurred during his period of service in Vietnam. However, there is insufficient evidence to support the contentions his injuries received medical treatment and this treatment was made a matter of official record.  The fact his injuries incurred during an actual period of war is not a basis to support his eligibility for award of the PH.  Therefore, he does not meet the regulatory requirements for award of the Purple Heart for this incident and regrettably he is not entitled to award of the Purple Heart and to have this award added to his DD Form 214.

6.  In view of the foregoing, his records should be corrected as recommended below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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 Army Good Conduct Medal (1st Award) for the period 28 August 1969 through 3 April 1971
* deleting from his DD Form 214 the Vietnam Service Medal
* adding to his DD Form 214 the:

* Army Good Conduct Medal
* Vietnam Service Medal with three bronze service stars
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Mortar Bar
* Marksman Marksmanship Qualification Badge with Pistol Bar (.45 caliber
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the Purple Heart and its addition to his DD Form 214.



      _______ _   _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)                                         AR20120003230





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120003230



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1