BOARD DATE:	  27 September 2012

		DOCKET NUMBER:  AR20120005619 


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 the Purple Heart be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states he received a Purple Heart but it was never added to his DD Form 214.

3.  The applicant provides no additional evidence in support of his application.

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 personnel records show he was inducted into the Army of the United States on 16 February 1970.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 11D (Armor Reconnaissance Specialist). 

3.  He was assigned to the 3rd Battalion, 1st Infantry in the Republic of Vietnam from 11 August 1970 to 13 July 1971.  He was promoted to sergeant/pay grade E-5 on 11 May 1971.

4.  Excerpts from his service medical records show he was treated for a bullet wound in his right dorsal chest (back) from 30 September to 22 October 1970.

5.  Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) shows that he received a gunshot wound to his back on 30 September 1970.  

6.  He is listed on the Vietnam Casualty Roster.  This roster reports his casualty status was hostile, wounded in action, not serious, hospitalized.  The listing reports the date of casualty was 30 September 1970.

7.  On 18 October 1971, he was released from active duty.  He completed 
1 year, 8 months, and 3 days of active service that was characterized as honorable.  His DD Form 214 shows he was awarded or is authorized the:

* National Defense Service Medal
* Combat Infantryman Badge
* Republic of Vietnam Campaign Medal with Device (1960) 
* Bronze Star Medal with Oak Leaf Cluster
* Vietnam Service Medal 
* Air Medal

8.  There is no evidence the applicant received the Army Good Conduct Medal (1st Award).  There also is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Records do not show indiscipline or lost time.  His records do not contain any adverse information and he received conduct and efficiency ratings of “excellent” throughout his service.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that all units assigned in Vietnam from 
8 February 1962 through 28 March 1973 were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, based on Department of the Army General Order Number 8, dated 1974.

10.  Army Regulation 600-200 (Enlisted Personnel Management System), chapter 9 of the version in effect at the time, stated, in pertinent part, that a brief description of wounds or injuries (including injury from gas) requiring medical treatment that were received through hostile or enemy action, including those requiring hospitalization would be entered in item 40 of the DA Form 20.  This regulation further stated that the date the wound or injury occurred would also be placed in item 40.

11.  Army Regulation 672-5-1 (Military Awards), then in effect, promulgated Department of the Army policy, criteria, and administrative instructions concerning individual military awards.

   a.  The Purple Heart was awarded to any member of an Armed Force or any civilian national of the United States who, while serving under competent authority in any capacity with one of the U.S. armed services had been wounded, killed, or who had died as a result of 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 by a medical officer, and the medical treatment must have been made a matter of official record.

   b.  The Army Good Conduct Medal was awarded to individuals who had completed a qualified period of active duty enlisted service.  This period was each 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.  

12.  Army Regulation 600-8-22 (Military Awards) authorizes award of a bronze service star based on qualifying service for each campaign listed in Appendix B of this regulation.  The regulation states that authorized bronze service stars will be worn on the appropriate campaign and service medal, which in this case is the Vietnam Service Medal.  Based on the applicant's dates of service in Vietnam, Table B-1 of Army Regulation 600-8-22 shows he served in the:

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

DISCUSSION AND CONCLUSIONS:

1.  There is sufficient evidence in this case to add the Purple Heart to his DD Form 214.
   a.  Excerpts from his service medical records show he was treated for a bullet wound to his back starting on 30 September 1970.

   b.  Item 40 of his DA Form 40 shows he received a gunshot wound to his back on 30 September 1970 as a result of hostile or enemy action.  The 
DA Form 20 is a record of his history in the Army and wounds are not entered on this document without orders or a casualty report.  
   
   c.  He is listed on the Vietnam casualty list as having been wounded by hostile action on 30 September 1970.

2.  The applicant's records do not show indiscipline or lost time, he received conduct and efficiency ratings of "excellent" throughout his military service, and he was promoted to sergeant in less than 2 years.  Therefore, the preponderance of evidence shows the applicant is entitled to the Army Good Conduct Medal (1st Award) based on completion of qualifying service from 16 February 1970 to
18 October 1971 ending with termination of a period of Federal military service.

3.  Based on his service in the Republic of Vietnam he is authorized:

* two bronze service stars to be worn on his Vietnam Service Medal
* the Republic of Vietnam Gallantry Cross with Palm Unit Citation

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 his first award of the Army Good Conduct Medal (1st Award) for the period of service from 16 February 1970 to 18 October 1971; and

	b.  amending his DD Form 214 by deleting the Vietnam Service Medal and adding the:

* Purple Heart
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with two 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)                                         AR20120005619



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120005619



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1