IN THE CASE OF:	  

		BOARD DATE:	  27 November 2012

		DOCKET NUMBER:  AR20120009062 


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 he was injured in Vietnam in 1968 by missile remnants to the right side of the face and the eye. 

3.  The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 

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 4 October 1967.  He completed training and he was awarded military occupational specialty 11B (light weapons infantryman).
3.  He arrived in Vietnam on 27 March 1968 and was assigned to Company A, 1st Battalion, 501st Infantry, 4th infantry Division on 7 April 1968.  A casualty report shows he suffered multiple fragment wounds to the left side of the head and the left eye during combat operations on 20 May 1968 while engaged with a hostile force during a firefight. 

4.  He was admitted to the 22nd Surgical Hospital and later transferred to the USS Sanctuary and then to Camp Zama, Japan, for additional treatment.  He ultimately underwent a physical evaluation board that recommended his permanent retirement by reason of disability. 

5.  Review of The Adjutant General's Office, Casualty Division's Vietnam casualty listing shows his name is listed on the Vietnam casualty roster as having suffered a combat wound on 20 May 1968.

6.  His service records do not contain official orders awarding him the Purple Heart.  Additionally, 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, did not reveal any Purple Heart orders for him.

7.  He was honorably retired from active duty by reason of physical disability in the rank/grade of specialist four (SP4)/E-4 on 18 July 1969.  His DD Form 214 shows he completed 1 year, 9 months, and 15 days of active service with no lost time.  His DD Form 214 also shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Combat Infantryman Badge
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

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.  A review of his records indicates his entitlement to additional awards which are not listed on his DD Form 214.

10.  Army Regulation 600-8-22 states the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

11.  Army Regulation 600-8-22 contains the regulatory guidance on the Vietnam Service Medal.  It states that 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 Vietnam Counteroffensive Phase (1 July 1966 to 31 May 1967) campaign.

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, 501st Infantry, was cited for award of the:

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

13.  A review of his service record shows 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.

14.  Army Regulation 672-5-1 (Military 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.



DISCUSSION AND CONCLUSIONS:

1.  The applicant’s name is listed on the Vietnam casualty roster as having been wounded in Vietnam on 20 May 1968.  Additionally, his service records contain multiple medical documents confirming his injury and subsequent treatment.  Therefore, these documents clearly show he is entitled to award of the Purple Heart and correction of his records to show it. 

2.  Although he did not complete 6 months of service in Vietnam, by regulation individuals who had qualified for award of the Vietnam Service Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, he is entitled to this award and correction of his records to show it. 

3.  The evidence of records shows the applicant participated in one campaign during his service in Vietnam.  Therefore, his is entitled to a bronze service star for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show this bronze service star.

4.  His unit in Vietnam was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and 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 from 4 October 1967 through 18 July 1969.  He served in Vietnam, attained the rank/grade of SP4/E-4, and received "excellent" efficiency and conduct ratings throughout his military service.  His records contain no derogatory information that would have disqualified him from receiving the first award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award the applicant the Army Good Conduct Medal and correct his DD Form 214 to show this 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:

* awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 4 October 1967 through 18 July 1969
* awarding him the Purple Heart for wounds received in action in Vietnam on 20 May 1968
* deleting from his DD Form 214 the Vietnam Service Medal and adding to his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Purple Heart
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* 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)                                         AR20120009062





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ABCMR Record of Proceedings (cont)                                         AR20120009062



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