IN THE CASE OF:	  

		BOARD DATE:	  11 December 2012

		DOCKET NUMBER:  AR20120009964 


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 (PH) through a Member of Congress.  

2.  The applicant states he was wounded in action in the Republic of Vietnam (RVN) and did not receive the PH.  He claims he was wounded during an enemy rocket attack when he received shrapnel in the left shoulder sometime around    14 January 1970.  

3.  The applicant provides a Congressional Inquiry packet with two third-party statements in support of his request.  

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.  On 13 June 1968, the applicant was inducted into the Army of the United States.  He was trained in and awarded military occupational specialty (MOS) 13B (Field Artillery Crewman).  The record shows he was promoted to sergeant (SGT)/E-5 on 27 September 1969, and this is the highest rank/grade he attained during his military service.

3.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 13 November 1968 to 14 January 1970.  Item 38 (Record of Assignments) shows that during his RVN tour he was assigned to B Battery, 2nd Battalion, 13th Artillery Regiment, performing duties in MOS 13B as a cannoneer and gunner.  Item 38 also shows he received "excellent" conduct and efficiency ratings at all of his active duty assignments.  

4.  Item 41 (Awards and Decorations) of the DA Form 20 does not include the PH.  It does show the applicant earned the following awards:

* National Defense Service Medal (NDSM)
* Vietnam Service Medal (VSM)
* RVN Campaign Medal (RVNCM)
* Army Commendation Medal
* Army Good Conduct Medal (AGCM)
* Marksman Marksmanship Qualification Badge with Rifle (M-16) Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar

5.  The applicant's Military Personnel Records Jacket (MPRJ) is void of derogatory information or a unit commander disqualification that would have precluded award of the AGCM.  

6.  On 14 January 1970, the applicant was honorably released from active duty, in the rank of SGT/E-5, after completing 1 year, 7 months, and 2 days of active military service.  The DD Form 214 he was issued at the time shows does not include the PH, AGCM, or any marksmanship badges.  

7.  The applicant provides two third-party statements from former Soldiers who indicate they were assigned to the applicant’s unit as replacements for two Soldiers who were killed in action and two who were wounded in action.  They claim the applicant was one of the wounded in action and returned to the unit after being treated at Cu Chi.  

8.  A review of The Adjutant General's Office, Casualty Division's Vietnam casualty shows an entry pertaining to the applicant that shows he was wounded in action in the RVN on 19 January 1969.  

9.  Army Regulation 600-8-22 (Military Awards) contains the Army’s awards policy.  

	a.  Paragraph 2-8 contains guidance on award of the PH.  It states in order to award the PH there must be evidence that the wound for which the award is being made was received as a result of enemy action; that it required treatment by military medical personnel; and that a the treatment was made a matter of official record;  and

	b.  Paragraph 2-13 contains guidance on the VSM.  It states a bronze service star is authorized for each campaign a member is credited with participating in while in the RVN.  Table B-1 contains a list of RVN campaigns and shows that during the applicant's tenure of assignment in the RVN, campaign participation credit was granted for the following four campaigns:
* Vietnam Counteroffensive Phase VI ( 2 November 1968-22 February 1969) 
* TET 69 Counteroffensive (23 February-8 June 1969) 
* Vietnam Summer-Fall 1969 (9 June-31 October 1969) 
* Vietnam Winter-Spring 1970 (1 November 1969-30 April 1970) 
10.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM 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.  

11.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) assists commanders in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It shows that during the applicant's tenure of assignment in the RVN, his unit (2nd Battalion, 13th Artillery Regiment) was cited for the RVN Civil Actions Honor Medal First Class Unit Citation for the period 1 August 1967 to 15 March 1970 in Department of the Army General Order (DAGO) 51, dated 1971.  

12.  DAGO 8, dated 1974, announced award of the RVN Gallantry Cross Unit Citation with Palm for service in Vietnam to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973. 
DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to be awarded the PH has been carefully considered and found to have merit.  The Vietnam Casualty listing contains an entry confirming the applicant was wounded in action in the RVN on 19 January 1969.  Therefore, it would be appropriate to award him the PH and to add this award to his record and DD Form 214.  

2.  The evidence of record confirms the applicant received "excellent" conduct and efficiency ratings at all of his active duty assignments.  Further, his record is void of derogatory information or a unit commander disqualification that would have precluded award of the AGCM.  Therefore, it would be appropriate to award him the AGCM for his qualifying period of honorable active duty service from 
13 June 1968 through 14 January 1970 and to add this award to his record and DD Form 214.

3.  The evidence of record also confirms that based on his RVN service and campaign participation he is eligible for the RVN Gallantry Cross with Palm Unit Citation, RVN Civil Actions Honor Medal First Class Unit Citation, and 4 bronze service stars with his VSM.  Therefore, it would be appropriate to add these awards to his record and DD Form 214.  

4.  In addition, the Marksman Marksmanship Qualification Badge with 
Rifle (M-16) Bar and Sharpshooter Marksmanship Qualification Badge with 
Rifle (M-14) Bar that are documented in item 41 of his DA Form 20 were not included in the list of awards and decorations on his DD Form 214.  Therefore, it would also be appropriate to add these badges to his DD Form 214.  

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 awarding him the Purple Heart for being wounded in action in the RVN on         19 January 1969 and the Army Good Conduct Medal for his qualifying period of honorable active duty service from 13 June 1968 through 14 January 1970; and by amending his DD Form 214 by:

	a.  deleting the current Vietnam Service Medal entry and replace it with the entry "Vietnam Service Medal with 4 bronze service stars”; and 

	b.  adding the:


* Purple Heart
* Army Good Conduct Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Marksman Marksmanship Qualification Badge with Rifle (M-16) Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar




      _______ _   _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)                                         AR20120009964



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ABCMR Record of Proceedings (cont)                                         AR20120009964



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