IN THE CASE OF:	   

		BOARD DATE:	  9 October 2012

		DOCKET NUMBER:  AR20120007025


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 his DD Form 214 should be corrected to show all decorations, medals, and badges to which he is entitled.

3.  The applicant provides:

* DD Form 214
* General Orders Number 304, Headquarters, 101st Airborne Division, dated 11 January 1969
* DA Form 1577 (Authorization for Issuance of Awards), dated 5 September 1986
* letter from the U.S. Army Reserve Personnel Center (ARPERCEN), St. Louis, MO, dated 14 July 1986

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 was inducted into the Army of the United States on 17 November 1967.  He completed training and was awarded military occupational specialty 11B (Light Weapons Infantryman).  The highest rank/grade he attained during his period of military service was sergeant/E-5.

3.  Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam from on or about 5 June 1968 to on or about 20 June 1969.  During this period of service he was assigned to Company D, 2nd Battalion (Airborne), 501st Infantry Regiment, 101st Airborne Division.

4.  General Orders Number 304 issued by Headquarters, 101st Airborne Division, dated 11 January 1969, awarded him the Bronze Star Medal with "V" Device for heroism in ground combat against a hostile force in the Republic of Vietnam on 24 October 1968.  The narrative of this order contains the statement, "Specialist [Applicant] was wounded, but refused medical attention in order to move forward and personally evacuate and give immediate first aid to one of the more seriously injured, after which he still refused evacuation so that communications could be maintained."

5.  On 21 June 1969, he was honorably released from active duty and transferred to the U.S. Army Reserve.  His DD Form 214 shows he completed 1 year, 7 months, and 5 days of net active service during this period, including 1 year and 15 days of foreign service in the U.S. Army Pacific theater of operations.

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

* National Defense Service Medal (NDSM)
* Vietnam Service Medal (VSM)
* Republic of Vietnam Campaign Medal with Device (1960) 
* Bronze Star Medal with "V" Device
* Air Medal
* Combat Infantryman Badge
* Parachutist Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Marksman Marksmanship Qualification Badge with Machine Gun Bar 
(M-60)
* Vietnamese Unit Citation

7.  Item 40 (Wounds) of his DA Form 20 is blank, indicating the absence of any documented wounds during his period of military service.  His available personnel record does not contain orders for the Purple Heart, nor does it contain any documentation indicating he was treated for wounds or injuries he sustained during his service in Vietnam.  His name does not appear on the Vietnam casualty roster.

8.  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 U.S. Army Human Resources Command Military Awards Branch, failed to reveal any orders for the Purple Heart pertaining to the applicant.

9.  In a letter of inquiry to ARPERCEN, dated 1 June 1986, the applicant requested assistance in regard to medals or ribbons he was entitled to, but had not received.  In addressing his entitlement to the Purple Heart, the applicant stated, "I was awarded the Bronze Star with "V," but should have also received the Purple Heart Medal.  I was informed that I had been put in for one, but never received it.  Possibly due to the fact that I was never checked by a medical officer.  I received shrapnel wounds on my left forearm, and was administered first aid by the company medic only.  It was a flesh wound and I did not feel it was necessary to be evacuated, by helicopter, to a field hospital."

10.  His record contains a DA Form 1577 issued by ARPERCEN, dated 5 September 1986, which shows he was authorized the Purple Heart.

11.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action.  Substantiating evidence must be provided to verify 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.

12.  His record indicates he is entitled to additional awards which are not shown on his DD Form 214.

13.  General Orders Number 2477 issued by Headquarters, 101st Airborne Division, dated 19 March 1969, awarded him the Bronze Star Medal (2nd Award) for meritorious service in connection with ground operations against a hostile force in the Republic of Vietnam from 1 July 1968 to 28 February 1969.

14.  There is no indication in his available record that shows he was awarded the Army Good Conduct Medal.  Item 38 (Record of Assignments) of his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his service.  There is no evidence of a commander's disqualification for the award.  Additionally, there is no evidence of any convictions by courts-martial or nonjudicial punishment under Article 15, Uniform Code of Military Justice (UCMJ).

15.  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 the 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 and he/she could not have been convicted by a court-martial.

16.  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.  A silver service star is authorized in lieu of five bronze service stars.  Appendix B shows that during his service in Vietnam, participation credit was awarded for the following five campaigns:

* Vietnam Counteroffensive Phase IV (2 April 1968-30 June 1968)
* Vietnam Counteroffensive Phase V (1 July 1968-1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968-22 February 1969)
* Tet Counteroffensive 1969 (23 February 1969-8 June 1969)
* Vietnam Summer-Fall 1969 (9 June 1969-31 October 1969)

17.  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:

* Presidential Unit Citation for the period 10 through 21 May 1969 in Department of the Army General Orders (DAGO) Number 16, dated 1972
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 19 April through 15 August 1968 in DAGO Number 21, dated 1969
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 15 August 1968 through 14 May 1969 in DAGO Number 43, dated 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 18 March 1968 through 2 May 1970 in DAGO Number 48, dated 1971

18.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) states not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual.  Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show award of the Purple Heart was carefully considered and was found to have merit.

2.  The evidence of record does not show he was previously awarded the Purple Heart; however, it does show he was wounded and he refused evacuation and treatment (and a possible award of the Purple Heart) for the sake of helping other, more seriously wounded Soldiers within his unit.  He stated in his June 1986 inquiry to ARPERCEN that while he was never checked by a medical officer he received shrapnel wounds on my left forearm, and was administered first aid by the company medic only.  That statement is accepted as sufficient to show he was treated for his wounds.  Therefore, as a matter of equity, it would be appropriate to award him the Purple Heart for wounds he received on 24 October 1968 and to correct his DD Form 214 to show this award.

3.  The evidence of record shows he was awarded two Bronze Star Medals, including one with a "V" device.  Only one award of the Bronze Star Medal is reflected on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show two awards of the Bronze Star Medal, including one with a "V" device.

4.  He served honorably from 17 November 1967 through 21 June 1969.  His record shows he received "excellent" conduct and efficiency ratings throughout his service.  There is no evidence of any disciplinary or derogatory actions or a commander's disqualification for the first award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) and to correct his DD Form 214 to show this award.

5.  He participated in five campaigns during his service in the Republic of Vietnam.  Therefore, he is entitled to one silver service star for wear on his 

previously-awarded Vietnam Service Medal and to correction of his DD Form 214 to show this silver service star.

6.  General orders awarded his unit of assignment the Presidential Unit Citation, two Republic of Vietnam Gallantry Cross with Palm Unit Citations, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  These unit awards are not reflected on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show them.

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.  awarding him the Purple Heart for wounds incurred in action in the Republic of Vietnam on 24 October 1968,

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period 17 November 1967 through 21 June 1969, and

	c.  amending his DD Form 214 by deleting awards of the Bronze Star Medal with "V" Device and Vietnam Service Medal and adding the following awards:

* Bronze Star Medal (2nd Award) and with "V" Device
* Purple Heart
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with one silver service star
* Presidential Unit Citation
* 
Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)
* Republic of Vietnam Civil Actions Honor Medal First Class 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)                                         AR20100015543



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120007025



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1