IN THE CASE OF:	  

		BOARD DATE:  2 October 2012

		DOCKET NUMBER:  AR20120007216 


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 the Purple Heart. 

2.  The applicant states he does not know the reason the Purple Heart is not listed on his DD Form 214.  He was wounded in action during a mortar attack on 26 March 1968 in Vietnam.

3.  The applicant provides:

* DD Form 214
* DA Form 8-275-3 (Clinical Record Cover Sheet)
* Department of Veterans Affairs Card

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 5 October 1966.  He completed training and he was awarded military occupational specialty 11B (light weapons infantryman).

3.  He served in Vietnam from 23 February 1968 to 12 February 1969.  He was assigned to Company B, 1st Battalion, 502nd Infantry, 101st Airborne Division.

4.  He was honorably released from active duty at the expiration of his term of service on 3 October 1969.  The DD Form 214 he was issued at the time shows the:

* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Two overseas service bars
* Parachutist Badge
* Army Commendation Medal
* Bronze Star Medal
* Air Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-60)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

5.  His records do not contain official orders awarding him the Purple Heart; however:

* Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) shows he suffered a fragment wound to the chest, left/right calf, and shoulder on 1 April 1968
* His name is listed on the Adjutant General's Office, Casualty Division's Vietnam casualty as having been wounded on 26 March 1968
* He submits a DA Form 8-275-3 showing he was wounded by a mortar attack on 26 March 1968 and he was awarded the Purple Heart by General Orders Number (illegible) on (illegible)

6.  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 United States Army Human Resources Command, failed to reveal any orders for the Purple Heart pertaining to the applicant.
7.  Army Regulation 600-200 (Enlisted Personnel Management), chapter 9, of the version in effect at the time, stated that a brief description of wounds or injuries (including injury from gas) requiring medical treatment 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.

8.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained while in action against and 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.

9.  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 three campaigns:

* Tet Counteroffensive, 30 January - 1 April 1968
* Vietnam Counteroffensive Phase IV, 2 April - 30 June 1968
* Vietnam Counteroffensive Phase V, 1 July - 1 November 1968
* Vietnam Counteroffensive Phase VI, 2 November 1968 - 22 February 1969

10.  A review of his records reveals no derogatory information that would disqualify him for the first award of the Army Good Conduct Medal.  Furthermore, item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his military service.  

11.  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. 

12.  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 1st Battalion, 502nd Infantry, was cited for award of the:

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

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s name is listed on the Vietnam casualty listing and his DA Form 20 clearly shows he suffered a combat wound in Vietnam.  This injury is further corroborated by the medical document he provides that shows he was injured on 26 March 1968 and received treatment for wounds received in action on that date, and the entry confirming he was awarded the Purple Heart.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  Although item 40 of his DA Form 20 shows he suffered a wound on 1 April 1968, that entry is not corroborated by any other documents, and the applicant does not contend that he was wounded on 1 April 1968.  It appears this was the same injury that was incurred on 26 March 1968.

3.  The evidence shows he participated in four campaigns during his service in Vietnam.  Therefore, his is entitled to four in lieu of 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.  His unit in Vietnam was cited for two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and one award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of service in Vietnam.  Therefore, his DD Form 214 should be corrected to show these unit awards.

5.  He served honorably during the period 5 October 1966 through 3 October 1969.  He served in Vietnam, was awarded multiple combat awards, and he received "excellent" conduct and efficiency ratings throughout his military service.  Lacking any other derogatory information on file that would have disqualified him, it would be appropriate to award him the first award of the Army Good Conduct Medal based on completion of qualifying service ending with the termination of a period of Federal military service and correct his records to show this award.

6.  In view of the foregoing, the applicant's DD Form 214 should be corrected as recommended below.

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:

* awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 5 October 1966 through 3 October 1969
* deleting from his DD Form 214 the Vietnam Service Medal with two bronze service stars and adding the:

* Purple Heart
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* 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)                                         AR20120007216





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ABCMR Record of Proceedings (cont)                                         AR20120007216



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