BOARD DATE:	  4 December 2012

		DOCKET NUMBER:  AR20120008961 


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.

2.  The applicant states:

	a.  item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not include the Purple Heart nor did he receive the award.

	b.  he is unclear why the records are incomplete but he does know he received an injury to his back and ear from shrapnel in Vietnam and care/treatment was provided.      

3.  The applicant provides a copy of 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 was inducted into the Army of the United States on 3 August 1970.  He served as a light weapons infantryman assigned to Troop F, 
17th Cavalry in Vietnam from 24 January 1971 to 7 August 1971.  On 
28 February 1972, he was released from active duty in the rank of specialist four after completing 1 year, 6 months, and 26 days of creditable active duty with no time lost.  

3.  His DD Form 214 shows the:

* Vietnam Service Medal with two bronze service stars
* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Marksman Marksmanship Qualification Badge with Rifle Bar

4.  There are no orders for the Purple Heart in the available records.

5.  Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) shows he was wounded on 4 March 1971 (multiple fragment wounds to his back and right arm).  

6.  A Western Union telegram, dated 4 August 1971, states the applicant was hospitalized in Vietnam on 30 July 1971 with a diagnosis of a perforation of the left tympanic membrane, left otitis externa, and left otitis media with partial temporary hearing impairment.  The attending physician reported this was a possible recurrence of a 4 March 1971 injury.  The applicant was in the company area when the area came under rocket attack by a hostile force and he was treated and returned to duty at that time.

7.  Item 41 (Awards and Decorations) of his DA Form 20 does not show the Purple Heart.  

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 Military Awards Branch of the United States 


Army Human Resources Command, failed to reveal any orders for the Purple Heart pertaining to the applicant.

9.  Orders, dated 10 April 1971, show he received the Army Commendation Medal.

10.  There is no evidence to show the applicant received the first award of the Army Good Conduct Medal.  There is no evidence of any disciplinary action or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal.  Item 38 (Record of Assignments) of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his service.

11.  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 Troop F, 17th Cavalry was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation in Department of the Army General Orders 6, dated 1974.

12.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that 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 by medical personnel, and the medical treatment must have been made a matter of official record.

13.  Army Regulation 600-200 (Enlisted Personnel Management System),
chapter 9, of the version in effect at the time, stated 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.

14.  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.  There must have been no convictions by a court-martial.



DISCUSSION AND CONCLUSIONS:

1.  The entry in item 40 of the applicant's DA Form 20 and the Western Union telegram which show he was wounded on 4 March 1971 are accepted as sufficient evidence on which to base award of the Purple Heart.

2.  Orders show he received the Army Commendation Medal.  His DD Form 214 should be corrected to show this medal. 

3.  He was honorably released from active duty in the rank of specialist four with nearly 19 months of total active service and no lost time.  He received all "excellent" conduct and efficiency ratings throughout his service and he had no record of any disciplinary actions or a commander's disqualification.  It appears he met the eligibility criteria for the first award of the Army Good Conduct Medal for the period 3 August 1970 through 28 February 1972 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) and his DD Form 214 should be corrected to show this award.

4.  His unit in Vietnam was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  His DD Form 214 should be corrected to show this unit award.

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 Purple Heart for wounds received on 4 March 1971 in Vietnam;

   b.  awarding him the first award of the Army Good Conduct Medal for the period 3 August 1970 through 28 February 1972; and 

	c.  adding the Purple Heart, Army Commendation Medal, Army Good Conduct Medal (1st Award), and Republic of Vietnam Gallantry Cross with Palm Unit Citation to item 24 of his DD Form 214.



      _______ _ 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)                                         AR20120008961





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ABCMR Record of Proceedings (cont)                                         AR20120008961



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