IN THE CASE OF:	  

		BOARD DATE:	  16 April 2013

		DOCKET NUMBER:  AR20120017483 


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, in effect, award of the Purple Heart.

2.  The applicant states:

* he was never issued the Purple Heart when he was wounded in Vietnam
* he received the Purple Heart Certificate, but not the medal
* he is an 80 percent disabled combat veteran who desires the Purple Heart for his wounds
* he tried to find out about his Purple Heart, but was always told there was no record of it
* he was told by his squad leader to report with him to receive the Silver Star; however, they were sent back on patrol in the jungle before reporting

3.  The applicant provides self-authored statements and extracts of his medical records.

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 in the Army of the United States on 5 August 1965.  He completed training and was awarded military occupational specialty 91B (Medical Specialist).  The highest rank/grade he attained while on active duty was temporary specialist four/E-4.

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

* item 31 (Foreign Service) – U.S. Army Pacific, Vietnam, from 21 July 1966 through 18 March 1967
* item 38 (Record of Assignments):

*	Headquarters and Headquarters Company, 1st Battalion, 12th Infantry, 4th Infantry Division, Vietnam, 21 July 1966 to 23 February 1967
*	Patient status, 24 February 1967 
*	He received all “excellent” conduct and efficiency ratings

* item 40 (Wounds) – possible fracture right shin and sprained left ankle
* item 41 (Awards and Decorations) –

*	Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) 	
	and Pistol Bar 
*	National Defense Service Medal
*	Vietnam Service Medal
*	Combat Medical Badge
*	Republic of Vietnam Campaign Medal with Device (1960)

4.  Medical records provided by the applicant show he sustained a fracture of his right tibia and fibula when he was disembarking from a low flying helicopter in Vietnam.  He was subsequently flown to Japan for treatment and on 14 March 1967, he was evacuated to the U.S. Naval Hospital, Great Lakes, IL.

5.  The applicant's name appears on the Vietnam casualty roster as a combat casualty on 9 February 1967. 

6.  On 8 September 1967, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation.  He completed 2 years, 1 month, and 4 days of total active military service.  His DD Form 214 shows he was awarded the:

* Sharpshooter Qualification Badge with Pistol Bar
* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Combat Medical Badge

7.  A review of the U.S. Army Human Resources Command Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal any orders for the Purple Heart pertaining to the applicant.
  
8.  A review of the applicant's records shows he is entitled to additional awards and decorations.

9.  Army Regulation 600-200, chapter 9 of the version in effect at the time, stated a brief description of wounds or injuries (including injury from gas) requiring medical treatment received through hostile or enemy action, including those requiring hospitalization would be entered in item 40 of the DA Form 20.  This regulation further stated that the date the wound or injury occurred would also be placed in item 40.

10.  Army Regulation 600-8-22 (Military Awards) states:

   a.  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.

   b.  A bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign.  The Vietnam campaigns are listed in appendix B.  The applicant's record shows his service in Vietnam coincided with one campaign, the Vietnam Counteroffensive Phase II for the period 1 July 1966 to 31 May 1967.

	c.  The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows awards received by units serving in the Republic of Vietnam.  The unit to which the applicant was assigned while serving in Vietnam, Headquarters and Headquarters Company, 1st Battalion, 12th Infantry, 4th Infantry Division was cited for award of the following:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders (DAGO) 3, dated 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by DAGO 53, dated 1970

12.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It further states to list awards and decorations for all periods of service in priority sequence as specified in Army Regulation 600-8-22 and that each entry will be verified by the Soldier's record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for award of the Purple Heart was carefully considered.

2.  His records show he sustained a fracture of his right tibia and fibula and was hospitalized.  Additionally, his name appears on the Vietnam casualty roster; therefore, he is entitled to award of the Purple Heart and correction of his DD Form 214 show this award. 

3.  His record shows he was awarded the Vietnam Service Medal.  The evidence shows he participated in one campaign phase during his service in the Republic of Vietnam.  Therefore, he is entitled to a bronze service star for wear on his previously-awarded Vietnam Service Medal and correction of his DD Form 214 to show this bronze service star.

4.  General orders awarded the unit to which he was assigned while in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; therefore, he is entitled to correction of his DD Form 214 to show these unit awards.
5.  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 that he was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Therefore, he is entitled to the first award of the Army Good Conduct Medal for the period 5 August 1965 through 8 September 1967 and correction of his DD Form 214 to show this award.

6.  Orders awarded the applicant the Sharpshooter Qualification Badge with Rifle Bar (M-14); therefore, he is entitled to correction of his DD Form 214 to show this 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 in action in the Republic of Vietnam on 9 February 1967;

   b.  awarding him the Army Good Conduct Medal (1st Award) for the period 5 August 1965 through 8 September 1967; and
     
   c.  adding the following to his DD Form 214:
     
  *	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
*	one bronze service star to be affixed to his previously-awarded Vietnam Service Medal
*	Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)




      ____________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)                                         AR20120017483



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ABCMR Record of Proceedings (cont)                                         AR20120017483



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