BOARD DATE:	  29 January 2013

		DOCKET NUMBER:  AR20120010967 


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 award of the Purple Heart.

2.  The applicant states the Purple Heart was not included on his DD Form 214.

3.  The applicant provides his DD Form 214 and Purple Heart orders.

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 enlisted in the Regular Army on 11 June 1969 and he held military occupational specialty 91B (Medical Specialist).

3.  He arrived in the Republic of Vietnam (RVN) on or about 14 December 1969 and he was assigned to the following units:

* Headquarters and Headquarters Company, 5th Battalion, 12th Infantry, 199th Infantry Brigade, from 29 December 1969-11 September 1970
* Headquarters and Headquarters Battery, 5th Battalion, 22nd Artillery, from 12 September-8 November 1970

4.  Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) shows he suffered fragment wounds to both hands on 21 May 1970 and a gunshot wound to his left foot on 17 July 1970.

5.  General Orders Number 335 issued by the Headquarters, 199th Infantry Brigade (Separate) (Light), dated 29 May 1970, show he was awarded the Purple Heart for wounds received in connection with ground operations in the RVN on 21 May 1970.

6.  General Orders Number 4279 issued by the Headquarters, U.S. Army Vietnam, dated 14 September 1970, awarded him the Bronze Star Medal with "V" Device for heroism in connection with ground operations against an armed hostile force in Cambodia on 13 May 1970.

7.  He departed the RVN on or about 9 November 1970.

8.  On 15 December 1971, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training).  He completed 2 years, 6 months, and 5 days of creditable active service.

9.  His DD Form 214 also shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* RVN Campaign Medal with Device (1960)
* Army Commendation Medal with 1st Oak Leaf Cluster
* Combat Infantryman Badge (DA Form 20 lists a Combat Medical Badge)
* Expert Marksmanship Qualification Badge with Rifle Bar

10.  His name is shown on the Vietnam casualty roster for wounds he sustained on 21 May 1970, but is not listed for injuries sustained on 17 July 1970.

11.  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 U.S. Army Human Resources Command Military Awards Branch, failed to reveal Purple Heart orders pertaining to the applicant for wounds sustained in action on 17 July 1970.

12.  Item 38 (Record of Assignments) of his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his service.  There is no derogatory information in his file that would have disqualified him from receiving the first award of the Army Good Conduct Medal.

13.  Army Regulation 672-5-1 (Decorations and 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.

14.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that during his service in Vietnam participation credit was awarded for the following campaigns:  Vietnam Winter-Spring 1970, Sanctuary Counteroffensive, and Vietnam Counteroffensive Phase VII.  A bronze service star is awarded for wear on the Vietnam Service Medal for participation in each campaign.

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows during his assignment to the RVN his units were awarded:

	a.  the Valorous Unit Award based on Department of the Army General Orders (DAGO) Number 43, dated 1970, for the period 1 May through 29 June 1970;

	b.  the RVN Gallantry Cross with Palm Unit Citation based on DAGO Number 51, dated 1971, for the period 19 June 1968 through 31 July 1970 and DAGO Number 54, dated 1974, for the period 1 August 1965 through 16 April 1971; and

	c.  the RVN Civil Actions Honor Medal First Class Unit Citation based on DAGO Number 51, dated 1971, for the period 1 April 1968 through 31 August 1970.

16.  Department of the Army Pamphlet 672-3, paragraph 6 (Miscellaneous Information), states that not more than one award of the RVN Gallantry Cross with Palm Unit Citation may be worn by any individual.  Although wear of multiple awards of this unit citation badge are not authorized, official military personnel and historical records will indicate all awards received.

17.  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 requiring medical treatment received through hostile or enemy action, including those requiring hospitalization, would be entered in item 40 (Wounds) of the DA Form 20.  This regulation further stated the date the wound or injury occurred would also be placed in item 40.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his DD Form 214 to show the award of the Purple Heart.

2.  General orders awarded him the Purple Heart for wounds he sustained as a result of hostile action on 12 May 1970 and the Bronze Star Medal with "V" Device for heroism in connection with ground operations against an armed hostile force in Cambodia on 13 May 1970.

3.  Item 40 of his DA Form 20 shows he sustained a gunshot wound to his left foot on 17 July 1970.  Regulatory guidance in effect at the time stated to enter wounds requiring medical treatment received through hostile or enemy action in item 40 of the DA Form 20.  This is sufficient evidence to award him a second Purple Heart.

4.  General orders awarded his RVN units the Valorous Unit Award, two RVN Gallantry Cross with Palm Unit Citations, and the RVN Civil Actions Honor Medal First Class Unit Citation.  The applicant should be aware that he may only display one RVN Gallantry Cross with Palm Unit Citation on his uniform.

5.  He participated in three campaigns during his service in the RVN; however, his DD Form 214 reflects two bronze service stars.  It would be appropriate to add a third bronze service star for wear on his already-awarded Vietnam Service Medal and to correct his DD Form 214 to show the appropriate number of service stars.

6.  He qualified for award of the Army Good Conduct Medal based on his "excellent" conduct and efficiency rating throughout his tenure of service with no record of any disciplinary actions.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) for the period 11 June 1969 through 15 December 1971 and his records should be corrected to show this award.

7.  In view of the above, his request should be granted and the awards indicated above should be added 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:

	a.  awarding him the Purple Heart (2nd Award) for wounds he sustained as a result of hostile action on 17 July 1970,

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period 11 June 1969 through 15 December 1971,

	c.  deleting the Vietnam Service Medal with two bronze service stars from his DD Form 214, and

	d.  adding the following awards to his DD Form 214:

* Bronze Star Medal with "V" device
* Purple Heart (2nd Award)
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with three bronze service stars
* Valorous Unit Award


* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)
* 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)                                         AR20120010967



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ABCMR Record of Proceedings (cont)                                         AR20120010967



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