IN THE CASE OF:	  

		BOARD DATE:	  13 December 2012

		DOCKET NUMBER:  AR20120010622


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 has included his Purple Heart award documentation with his request. 

3.  The applicant provides his DD Form 214 and an Official Statement of Award of Purple Heart, issued by the Office of the Adjutant General, Department of the Army, Washington, DC, dated 21 August 1969.

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 25 October 1967.  He completed training and was awarded military occupational specialty 11B (Light Weapons Infantryman).  

3.  Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he began his period of service in the Republic of Vietnam on or about       4 April 1968 – It does not list a "through" date.

4.  Special Orders Number 104, issued by Headquarters, 1st Cavalry Division (Airmobile), dated 13 April 1968, reassigned him to Company B, 2nd Battalion, 12th Cavalry Regiment, 1st Cavalry Division (Airmobile).

5.  Item 38 (Record of Assignments) of his DA Form 20 shows he began serving with his unit of assignment, Company B, 2nd Battalion, 12th Cavalry Regiment, 1st Cavalry Division (Airmobile), on 13 April 1968.  

6.  Item 40 (Wounds) of his DA Form 20 shows he received a gunshot wound to his left elbow on 31 May 1968.  

7.  Special Orders Number 160, issued by Headquarters, U.S. Army Vietnam, dated 8 June 1968, reassigned him from his treatment site, the 22nd Surgical Hospital, to the Medical Hold Detachment, 249th General Hospital, effective on or about 5 June 1968.

8.  Special Orders Number 137, issued by Headquarters, 249th General Hospital, dated 11 June 1968, reassigned him to the Medical Hold Company, Walson Army Hospital, Fort Dix, NJ, effective on or about 19 June 1968.

9.  Item 38 of his DA Form 20 shows his principle duty title changed from "Rifleman" to "Patient," concurrent with his reassignment to the Medical Hold Company, Walson Army Hospital, Fort Dix, NJ, on 19 June 1968.

10.  His record contains a Standard Form 502 (Clinical Record – Narrative Summary), included in his medical evaluation board (MEB) packet, dated          15 June 1968, that shows on 31 May 1968 the applicant was injured by hostile forces small arms fire, from which he sustained a gunshot wound to his left elbow, on 31 May 1968. 

11.  On 6 February 1969, he was honorably retired from the Army by reason of physical disability.  His DD Form 214 shows he was awarded the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Marksman Marksmanship Qualification Badge with Rifle Bar

12.  His record is void of any documentation that indicates he was awarded the Purple Heart prior to his retirement from the Army.

13.  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 U.S. Army Human Resources Command Military Awards Branch, failed to reveal any orders for the Purple Heart pertaining to the applicant.

14.  On 21 March 1969 and 27 August 1969, he petitioned the Office of the Adjutant General, U.S. Army Administration Center, St. Louis, MO, for award of the Purple Heart.  On 21 August 1969, in response to his initial request, the Office of the Adjutant General notified him in writing that the Commanding General, Fifth U.S. Army, had authorized the applicant's award of the Purple Heart.  His MPRJ contains multiple onion-skin copies of an Official Statement of Award of the Purple Heart; however, none of these copies are signed.  

15.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action.  Substantiating evidence must be provided to verify 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.

16.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) stated the authority to award the Purple Heart was delegated to hospital commanders.  Further, it directed that all personnel treated and released within 24 hours would be awarded the Purple Heart by the organization to which the individual is assigned.  Personnel requiring hospitalization in excess of 24 hours or evacuation from Vietnam would be awarded the Purple Heart directly by the hospital commander rendering treatment.  

17.  His record indicates he is entitled to additional awards which are not shown on his DD Form 214.

18.  There is no indication in his available record that shows he was awarded the Army Good Conduct Medal.  Item 38 of his DA Form 20 shows he received 

"excellent" conduct and efficiency ratings throughout his service.  There is no evidence of a commander's disqualification for the award.  Additionally, there is no evidence of any convictions by courts-martial or nonjudicial punishment under Article 15, Uniform Code of Military Justice (UCMJ).

19.  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 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, and he/she could not have been convicted by court-martial.

20.  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 Vietnam Counteroffensive, Phase IV (2 April 1968 – 30 June 1968).

21.  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 unit to which the applicant was assigned was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 9 August 1965 through 9 May 1969, by Department of the Army General Orders (DAGO) Number 59, dated 1969

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was wounded by hostile fire, received treatment for his wounds, and that treatment was made part of the official record.  The evidence further shows the Commander, Fifth U.S. Army awarded him the Purple Heart after he was retired from the Army.  Therefore, it would be appropriate to correct his DD Form 214 to show this award.

2.  He served honorably from 25 October 1967 to 6 February 1969.  His record shows he received "excellent" conduct and efficiency ratings throughout his service.  There is no evidence of any disciplinary or derogatory actions or a commander's disqualification for the first award of the Army Good Conduct Medal.  Therefore, as a matter of equity, it would be appropriate to award him the Army Good Conduct Medal (1st Award) and to correct his DD Form 214 to show this award.
3.  He participated in a single campaign during his service in the Republic of Vietnam.  Therefore, he is entitled to 1 bronze service star for wear on his previously-awarded Vietnam Service Medal and to correction of his DD Form  214 to show this bronze service star.

4.  General orders awarded his unit of assignment in the Republic of Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation, which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form      214 to show it.

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:

   a. Awarding him the Army Good Conduct Medal (1st Award) for the period  25 October 1967 to 6 February 1969; and 

   b. Amending his DD Form 214 to delete the Vietnam Service Medal and add the:
* Purple Heart
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with 1 bronze service star
* Republic of Vietnam Gallantry Cross with Palm 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)                                         AR20100015543



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ABCMR Record of Proceedings (cont)                                         AR20120010622



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