IN THE CASE OF:	  

		BOARD DATE:	  18 September 2012

		DOCKET NUMBER:  AR20120004157 


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 correction of his
DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show this award.

2.  The applicant states he was wounded on 26 March 1971 while on convoy duty in the Republic of Vietnam.

3.  The applicant provides a copy of a DA Form 1156 (Casualty Feeder Card) and 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 19 March 1970 for a period of 3 years.  He was awarded military occupational specialty 64C (MOS) (Motor Transport Operator).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 31 (Foreign Service) – Vietnam - 11 August 1970 to 7 August 1971;

	b.  item 33 (Appointments and Reductions) – he was promoted to the rank/grade of specialist five (SP5)/E-5 with a date of rank of 22 May 1971;

	c.  item 38 (Record of Assignments) – he served in MOS 64A as a Light Truck Driver while assigned to the 88th Transportation Company (Medium Truck Cargo) in Vietnam from 21 August 1970 through 6 August 1971;

	d.  item 38 – he received all "excellent" conduct and efficiency ratings throughout his service;

	e.  item 40 (Wounds)  –no entry (blank); and

	f.  item 41 (Awards and Decorations) –

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross Unit Citation with Gold Star
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

4.  On 2 February 1971, the applicant accepted nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice (UCMJ) for operating a vehicle (a 5-ton truck) on 17 January 1971 in a reckless manner by driving at a speed of 35 miles per hour (mph) in a 25 mph zone.  

5.  A letter issued by Headquarters, 124th Transportation Battalion (Truck), subject:  Letter of Congratulations, dated 17 February 1971, shows the battalion commander commended the applicant on his accumulation of 12,000 accident-free miles while serving as a member of the battalion in the Republic of Vietnam.

6.  On 14 March 1972, the applicant was honorably released from active duty based on a voluntary early release for active Reserve Component service and transfer to a U.S. Army Reserve (USAR) unit.  As such, he was transferred to Company B (Transportation), 84th Support Battalion, 84th Division, Milwaukee, WI.  He completed 1 year, 11 months, and 26 days of total active service that included 11 months and 27 days of service in Vietnam.  The DD Form 214 he was issued at the time shows award of the:

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

7.  A review of the applicant's military personnel record failed to reveal any evidence he was awarded the Purple Heart.

8.  A review of The Adjutant General's Office, Casualty Division's Vietnam casualty listing shows the applicant's name is listed as a casualty on 25 March 1971, under casualty status code "25" (wounded in action, not serious, not hospitalized).

9.  A 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 U.S. Army Human Resources Command, failed to reveal any orders for the Purple Heart or any other awards pertaining to the applicant.

10.  In support of his application, the applicant provides a copy of a 
DA Form 1156 that shows he sustained a gunshot wound to his upper left face on 25 March 1971 when the convoy he was driving in was ambushed.  It also shows the wound was cleaned and dressed.

11.  A review of the applicant's military personnel record reveals he may be entitled to additional awards that are not shown on his DD Form 214.

12.  Except for the one incident of NJP for a traffic violation, the applicant's military service records failed to reveal evidence of any other disciplinary actions, adverse information, or commander's disqualification for the Army Good Conduct Medal (1st Award).  Item 38 of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his military service.

13.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

	a.  The Purple Heart is awarded for a wound sustained 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, and the medical treatment must have been made a matter of official record.

	b.  Paragraph 2-13 contains the regulatory guidance on the Vietnam Service Medal.  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, the applicant participated in the following two campaigns:

* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)
* Consolidation I (1 July - 30 November 1971)

	c.  the eligibility requirements for award of the Driver and Mechanic Badge with Driver-W (wheeled vehicles) require that a Soldier must:

		(1)  qualify for and possess a current U.S. Government Motor Vehicles Operator's Identification Car, issued as prescribed by Army Regulation 600-55 (The Army Driver and Operator Standardization Program (Selection, Training, Testing, and Licensing); and

		(2)  be assigned duties and responsibilities as a driver or assistant driver of government vehicles for a minimum of 12 consecutive months or during at least 8,000 miles with no government motor vehicle accident or traffic violation recorded on his DA Form 348-1-R (Equipment Operator's Qualification Record (Except Aircraft).

14.  Army Regulation 672-5-1 (Military 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) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It shows:

	a.  at the time of the applicant's assignment to the 88th Transportation Company, the unit was cited for award of the Republic of Vietnam Gallantry Cross Unit Citation with Gold Star during the period 12 November 1967 to 24 April 1971 by Department of the Army General Orders (DAGO) Number 24, dated 1972; and

	b.  Headquarters, U.S. Army Vietnam and its subordinate units were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period 20 July 1965 to 28 March 1973 by DAGO Number 8, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  The Casualty Feeder Report the applicant provides shows he sustained a gunshot wound to his face, on 25 March 1971, in the Republic of Vietnam and that he received medical treatment for the wound.  In addition, the Vietnam casualty listing confirms he was wounded in action on 25 March 1971.  As such, it appears that due to an administrative error, the applicant was not awarded the Purple Heart for wounds he received as a result of enemy action on 25 March 1971.  Therefore, it would be appropriate at this time to award him the Purple Heart for wounds received on 25 March 1971 and to correct his DD Form 214 to show this award.

2.  The evidence of record shows the applicant qualified for the Driver and Mechanic Badge with Driver-W Bar by driving at least 8,000 miles with no government motor vehicle accident or traffic violation.  He had a minor traffic violation; however, that was after he had accumulated at least 8,000 miles.  Therefore, he should be awarded Driver and Mechanics Badge with Driver-W Bar and his DD Form 214 should be corrected to show this award.

3.  The evidence of record shows the applicant participated in two campaigns during his service in Vietnam.  Therefore, he is entitled to two bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

4.  The applicant's unit in Vietnam was cited for award of the Republic of Vietnam Gallantry Cross with Gold Star Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show these unit awards.

5.  The applicant served a period of active duty enlisted service from 19 March 1970 through 14 March 1972.

	a.  He received NJP for a speeding ticket; however, there is no evidence of any other disciplinary actions, adverse information, or a commander's disqualification for the first award of the Army Good Conduct Medal.

	b.  He received all "excellent" conduct and efficiency ratings during his period of service.

	c.  He was promoted to SP5/E-5 with only 14 months of active service.

	d.  Despite the absence of the unit commander's recommendation for award of the Army Good Conduct Medal (1st Award), based on the available evidence it would be appropriate at this time to award the applicant the Army Good Conduct Medal (1st Award) for the period 19 March 1970 through 14 March 1972 and 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 the evidence presented is 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.  deleting from his DD Form 214 the Vietnam Service Medal;

	b.  awarding him the Purple Heart for wounds received as a result of enemy action in Vietnam on 25 March 1971;

	c.  awarding him the Army Good Conduct Medal (1st Award) for the period
19 March 1970 through 14 March 1972;

	d.  awarding him the Driver and Mechanic Badge with Driver-W Bar effective 17 February 1971; and

	e.  adding to item 24 of his DD Form 214 the:

* Purple Heart
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Gallantry Cross with Gold Star Unit Citation


* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Driver and Mechanic Badge with "Driver-W" Bar



      ___________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)                                         AR20120004157



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ABCMR Record of Proceedings (cont)                                         AR20120004157



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