IN THE CASE OF:  

		BOARD DATE:  4 January 2013

		DOCKET NUMBER:  AR20120012773 


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 and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of Purple Heart for wounds received in action.  
   
2.  The applicant states he wants to pass his Purple Heart and Bronze Star Medal on to his grandchildren.  

3.  The applicant provided a copy of DD Form 214; Naval Hospital Medical Record, dated 25 March 1969; and Tactical Operations Center (TOC) Log, dated 8 March 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’s records show he was inducted into the Army of the United States on 13 December 1967.  He completed training and was awarded military occupational specialty 11B (Light Weapons Infantryman).  The highest rank/grade he attained while serving on active duty was sergeant/E-5.  

3.  His DA Form 20 (Enlisted Qualification Record) contains the following pertinent information: 

   a.  Item 38 (Record of Assignments) shows that during his tour of duty in Vietnam he was assigned to Company, 1st Battalion, 52nd Infantry, 198th Infantry Brigade, during the period 7 June 1968 through 25 March 1969.

	b.  Item 38 also shows he received "Excellent" conduct and efficiency ratings for each of his duty assignments.

	c.  Item 40 (Wounds) shows he sustained fragment wounds on 7 March 1969.

4.  His record contains:

	a.  A Western Union Telegram, dated 9 March 1969 which states the applicant, while on a combat operation, was engaged by a hostile force and he received a fragment wound to the head on 7 March 1969.

   b.  A memorandum, dated 12 June 1969, states that applicant’s Purple Heart orders were mailed on or about 20 March 1969 to the Chelsea Naval Hospital, Chelsea, Massachusetts.  The referenced Purple Heart orders were not contained in the applicant’s records.  

	c.  Headquarters, Americal Division, General Order 9495, dated 18 December 1968, awarded the applicant the Bronze Star Medal with "V" Device for actions on 25 September 1968.
   
5.  The applicant’s DD Form 214 shows he was awarded or authorized the:

* Combat Infantryman Badge
* National Defense Service Medal
* Vietnam Service Medal
* Bronze Star Medal
* Vietnam Campaign Medal
* One (1) Overseas Service Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle bar (M-14)

6.  His record is void of any evidence of disciplinary actions or a commander's denial of the Army Good Conduct Medal.

7.  His name appears on the Republic of Vietnam casualty roster which indicates he was wounded as a result of hostile action on 7 March 1969.

8.  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 showing the applicant was awarded the Purple Heart.

9.  The applicant provided a copy of Chelsea Naval Hospital Medical Record, Chelsea, Massachusetts, dated 25 March 1969, which shows the applicant was admitted for treatment of fragmentary wounds sustained in the Republic of Vietnam, and a copy of TOC Log, dated 8 March 1969, which shows he was wounded in action and evacuated.

10. References:

	 a.  Army Regulation 600-8-22 (Military Awards) provides that 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.

	 b.  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 following four campaigns:

* Vietnam Counteroffensive Phase IV
* Vietnam Counteroffensive Phase V
* Vietnam Counteroffensive Phase VI
* TET 69 Counteroffensive

	c.  Army Regulation 672-5-1 (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.

	d.  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 RVN Gallantry Cross with Palm Unit Citation for the period 9 August 1965 to 19 May 1969 by Department of the Army General Order (DAGO) Number 59, dated 1969.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for award of the Purple Heart was carefully considered and determined to have merit.

2.  The available evidence clearly shows he sustained a wound as a result of hostile action and he received treatment for these wounds.  Therefore, there is sufficient evidence to warrant awarding him the Purple Heart and correcting his DD Form 214 to show the Purple Heart.

3.  The evidence of record shows he completed a period of honorable service during which he received all "excellent" conduct and efficiency ratings and had no convictions by a court-martial.  Additionally, there is no evidence he was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) for the period 13 December 1967 through 12 December 1969 and his DD Form 214 should be corrected to show this award.

4.  Orders show the applicant was awarded the Bronze Star Medal with "V" Device for actions on 25 September 1968.  Therefore, he is entitled to a "V" Device for wear on his already-awarded Bronze Star Medal and correction of his DD Form 214 to show the "V" Device.  

5.  Records show the applicant participated in four campaigns while serving in the RVN.  Therefore, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show the bronze service stars.

6.  DAGOs awarded his Vietnam unit the RVN Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.



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:

	a.  awarding him the Purple Heart for wounds sustained on 7 March 1969 while serving in the Republic of Vietnam.

   b.  awarding him the Army Good Conduct Medal (1st Award) for the period   13 December 1967 through 12 December 1969.

	c.  adding to his DD Form 214 the:

* Purple Heart
* Army Good Conduct Medal
* "V" Device to be affixed to his previously-awarded Bronze Star Medal
* Four bronze service stars to be affixed to his previously-awarded Vietnam Service Medal
* 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)                                         AR20120001949



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ABCMR Record of Proceedings (cont)                                         AR20120012773



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