BOARD DATE:	  20 September 2012

		DOCKET NUMBER:  AR20120004321 


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 of 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 he was awarded the Purple Heart for a wound he sustained while serving in the Republic of Vietnam (RVN), but it is not shown on his DD Form 214.

3.  He provides:

* DD Form 214
* DD Form 1380 (U.S. Field Medical Card)
* Standard Form (SF) 509 (Doctor's Progress Notes)

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 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.  His record shows he was inducted into the Army of the United States on 3 November 1966.  He served in the RVN from 1 May 1967 to 30 April 1968.  On 30 August 1968, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) for completion of his remaining service obligation.  At the time of his REFRAD he had served 1 year, 9 months, and 28 days of total active service.  

3.  His DA Form 20 (Enlisted Qualification Record) contains the following pertinent information:

	a.  Item 33 (Appointments and Reductions) shows he was advanced to the temporary rank/pay grade of SGT/E-5 with a date of rank of 6 January 1968.

	b.  Item 38 (Record of Assignments) shows that during his tour of duty in the RVN he was assigned to Company B, 1st Battalion, 8th Cavalry Regiment, 1st Cavalry Division (Air Mobile), from 8 May 1967 to 25 April 1968.

	c.  Item 38 also shows he received "Excellent" conduct and efficiency ratings for each of his duty assignments.

	d.  Item 40 (Wounds) shows he sustained fragment wounds to his back on 21 June 1967.

4.  His record contains:

	a.  A DD Form 1380 which shows he sustained a shrapnel wound to his back as a result of enemy action on 21 June 1967 while defending his unit's perimeter in the vicinity of Bong Son, RVN.

	b.  An SF 509 which shows his shrapnel wound was treated by military medical personnel.

	c.  Headquarters, 1st Cavalry Division (Airmobile), General Orders Number 4992, dated 17 June 1968, which awarded him the Army Commendation Medal with "V" Device for heroism in the RVN on 2 January 1968.

5.  His DD Form 214 shows he was awarded or authorized the:

* Bronze Star Medal
* Army Commendation Medal
* Air Medal
* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* RVN Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* 1st Class Gunner Marksmanship Qualification Badge with Mortar Badge (81mm)
* Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Caliber)
* 2 Overseas Service Bars

6.  His record is void of any evidence of disciplinary actions or a commander's denial of the Army Good Conduct Medal.

7.  His name appears on the Republic of Vietnam casualty roster which indicates he was wounded as a result of hostile action on 21 June 1967.

8.  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 showing the applicant was awarded the Purple Heart.

9.  References:

	a.  Army Regulation 600-8-22 (Military Awards) provides that 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.  Army Regulation 600-8-22, 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 four campaigns:

* Vietnam Counteroffensive Phase I
* Vietnam Counteroffensive Phase III
* TET Counteroffensive
* Vietnam Counteroffensive Phase IV
	c.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

	d.  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 the unit to which the applicant was assigned was cited for award of the RVN Gallantry Cross with Palm Unit Citation for the period 9 August 1965 to 19 May 1969 by Department of the Army General Order (DAGO) Number 59, dated 1969.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention was carefully considered and determined to have merit.

2.  The available evidence clearly shows he sustained a wound as a result of hostile action and he received treatment for these wounds.  Therefore, there is sufficient evidence to warrant awarding him the Purple Heart and correcting his DD Form 214 to show the Purple Heart.

3.  Records show the applicant participated in four campaigns while serving in the RVN.  Therefore, he is entitled to two additional bronze service stars for wear on his already-awarded Vietnam Service Medal with two bronze service stars and correction of his DD Form 214 to show the additional bronze service stars.

4.  DAGOs awarded his Vietnam unit the RVN Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

5.  The evidence of record shows he completed a period of honorable service during which he received all "excellent" conduct and efficiency ratings and had no convictions by a court-martial.  Additionally, there is no evidence he was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) for the period 3 November 1966 to 30 August 1968 and his DD Form 214 should be corrected to show this award.


6.  General orders awarded him the Army Commendation Medal with "V" Device for heroism in the RVN on 2 January 1968.  However, his DD Form 214 shows he was awarded the Army Commendation Medal without a "V" Device.  Therefore, he is entitled to correction of his DD Form 214 by adding the "V" Device to his previously-awarded Army Commendation Medal.

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 him the Army Good Conduct Medal (1st Award) for the period 3 November 1966 to 30 August 1968;

	b.  deleting the Vietnam Service Medal with 2 bronze service stars and Army Commendation Medal from his DD Form 214; and

	c.  adding to his DD Form 214 the:

* Purple Heart
* Army Commendation Medal with "V" Device
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* 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)                                         AR20120004321



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ABCMR Record of Proceedings (cont)                                         AR20120004321



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