IN THE CASE OF:	  

		BOARD DATE:	  3 January 2013

		DOCKET NUMBER:  AR20120010471 


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 he be awarded the Purple Heart and that it be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states that he was wounded in Vietnam on 9 May 1969 and while in the hospital in Vietnam he took a picture with a general officer with the Purple Heart pinned to his pillow.  However, he was never officially awarded the Purple Heart and when he went into surgery and returned the medal was gone.

3.  The applicant provides a copy of a photograph.

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 on 15 October 1968.  He completed his basic training at Fort Knox, Kentucky and his advanced individual training as a light weapons infantryman at Fort Polk, Louisiana before being transferred to Vietnam on 9 April 1969.

3.  He was assigned to Company D, 4th Battalion, 47th Infantry Regiment, 
9th Infantry Division and was advanced to the pay grade of E-4 on 1 May 1969.

4.  On 10 May 1969, he was wounded in action and sustained fragmentation wounds to the left leg and hand and which resulted in the amputation of two fingers.  He was subsequently medically evacuated to Japan, then to the hospital at Fort Riley, Kansas, and then to the Great Lakes Naval Hospital in Illinois.

5.  On 7 June 1970, he was transferred to Fort Hood, Texas where he served as a senior heavy truck driver and on 11 September 1970 he was honorably released from active duty (REFRAD) to attend school.  He had served 1 year, 
10 months, and 27 days of active service.  His DD Form 214 issued at the time of his REFRAD shows that he was awarded the National Defense Service Medal, Vietnam Service Medal with one bronze service star, Republic of Vietnam Campaign Medal with Device (1960), Army Commendation Medal, Combat Infantryman Badge, and his marksmanship badges.

6.  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, failed to reveal any orders for award of the Purple Heart.  However, his name is contained on the Vietnam casualty listing as being wounded on 10 May 1969.

7.  A review of his official records shows he had “excellent” conduct and efficiency ratings throughout his service and his record is void of any derogatory information that would serve to disqualify him from award of the Army Good Conduct Medal (AGCM).

8.  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 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.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It shows that the applicant’s unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period he served with the unit.

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

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he should have been awarded the Purple Heart has been noted and appears to have merit.  The applicant was wounded in Vietnam on 10 May 1969 and was transferred to military hospitals for treatment.  Therefore, given his name is contained on the Vietnam casualty listing, it is reasonable to conclude that his wounds were the result of enemy action.  As a result, he is entitled to award of the Purple Heart and to addition of this award to his DD Form 214. 

2.  A review of the applicant's records show he had "excellent" conduct and efficiency ratings throughout his period of service and his records contain no derogatory information that would serve to disqualify him for the AGCM (1st Award).  Therefore, it appears that the failure to award him this medal was the result of an administrative error.  Accordingly, he should be awarded the AGCM (1st Award) for the period 15 October 1968 to 11 September 1970 and his DD Form 214 should be corrected to show this medal.

3.  Additionally, he served during a period in Vietnam when his unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Accordingly, he is entitled to addition of these unit awards to his DD Form 214. 





BOARD VOTE:

____x___  ___x____  ____x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1. 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 Purple Heart for wounds received in action on 10 May 1969 in Vietnam while serving in the rank of specialist four
* Awarding him the AGCM (1st Award) for the period 15 October 1968 to 
   11 September 1970
* Adding the awards of the Purple Heart, AGCM (1st Award), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to his 
   DD Form 214

2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.




      _______ _   __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)                                         AR20120010471





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ABCMR Record of Proceedings (cont)                                         AR20120010471



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