IN THE CASE OF:	  

		BOARD DATE:  13 June 2013

		DOCKET NUMBER:  AR20120021147 


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 add the Purple Heart.

2.  The applicant states he was in a hospital in Cam Ranh Bay and then medically evacuated to a hospital in Japan.  His records and many of his personal belongings were lost and he was separated on temporary records.  He was awarded the Purple Heart in April 1970.  All the paperwork pertaining to this award was lost; however, he still has the medal.  He believes his Purple Heart was not annotated on his DD Form 214 because he was separated on temporary records.  

3.  The applicant provides no additional evidence.  

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 4 August 1969 and held military occupational specialty 11B (Light Weapons Infantryman).  The highest rank/grade he attained while serving on active duty was specialist four/E-4.

3.  His DA Form 20 (Enlisted Qualification Record) shows he was assigned to Vietnam from 9 January 1970 to 13 November 1970; however, his unit of assignment was not annotated.

4.  His record contains a document, dated February 1971, which was sent from the commanding officer of the 197th Infantry Brigade, Fort Benning, GA to the commanding officer of C Troop, 2nd Squadron, 1st Cavalry Regiment, Cam Ranh Bay, Vietnam.  This document stated:  

	a.  The applicant had been medically evacuated from C Troop, 2nd Squadron, 1st Cavalry Regiment, Cam Ranh Bay, Vietnam on 12 October 1970.  

	b.  It appears he was assigned to C Troop, 2nd Squadron, 1st Cavalry Regiment, Cam Ranh Bay, Vietnam on 12 October 1970; however, the length of the assignment is unknown.  

5.  Review of The Adjutant General's Office, Casualty Division's Vietnam casualty listing shows the applicant's name is listed as a casualty on 5 April 1970 under casualty status code "24."  This casualty code refers to "hostile wounded in action."

6.  He was honorably released from active duty on 2 July 1971.  His DD Form 214 shows he completed 1 year, 10 months, and 29 days of net active service, of which 10 months and 5 day were credited as foreign service.  Additionally, he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal

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

	a.  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.  A bronze service star is authorized with the Vietnam Service Medal 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 three campaigns:

* Vietnam Winter-Spring 1970 (1 November 1969 - 30 April 1970)
* DA Sanctuary Counter offensive (1 May 1970 - 30 June 1970)
* Vietnam Counteroffensive, Phase VII (1 July 1970 - 30 June 1971)

8.  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 2nd Squadron, 1st Cavalry Regiment was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period of 29 July 1969 to 17 November 1970, by DA General Orders (DAGO) Number 52, dated 1971.

9.  A review of his service record shows no derogatory information in the form of lost time, nonjudicial punishment (NJP), or suspension of favorable personnel actions that would disqualify him for the first award of the Army Good Conduct Medal during the period 4 August 1969 through 2 July 1971:

* he received "excellent" ratings for his conduct and efficiency throughout his service; however, his DA Form 20 does not reflect his conduct or efficiency ratings during the period August 1969 to November 1970 
* there are also no entries in his record to indicate that his commanders denied him award of the Army Good Conduct Medal during this period of service
* he met all his promotion gates (E-2, 4 December 1964; E-3, 14 January 1970; E-4, 10 April 1970)

10.  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.  There must have been no convictions by a court-martial.  


DISCUSSION AND CONCLUSIONS:

1.  His record contains a document which states he was medically evacuated from his unit in Vietnam.  Additionally, his name was listed on the Vietnam casualty roster which shows he was wounded on 5 April 1970.  As such there is sufficient evidence to show he met the criteria for award of the Purple Heart and he should be entitled to correction of his records to show this award. 

2.  The evidence of record shows he was assigned to Vietnam from 9 January 1970 to 13 November 1970 and participated in three campaigns.  However, his DD Form 214 incorrectly shows the Vietnam Service Medal with two bronze service stars.  Therefore, he is entitled to correction of his DD Form 214 to show the Vietnam Service Medal with three bronze service stars.

3.  The evidence of record shows he was assigned to C Troop, 2nd Squadron, 1st Cavalry Regiment, Vietnam.  The duration of his assignment to this unity is unknown; however, the evidence clearly shows he was assigned to this unit on 12 October 1970.  GO cited this unit for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period of 29 July 1969 to 17 November 1970.  He was present in this unit on at least one day during this period; therefore, he is entitled to correction of his DD Form 214 to add this unit award. 

4.  He served honorably during the period 4 August 1969 through 2 July 1971.  Although his conduct and efficiency ratings are unknown between August 1969 and November 1970, he received all "excellent" conduct and efficiency rating throughout the rest of his military service.  Furthermore, his records do not contain any derogatory information in the form of time lost, NJP, or suspension of favorable personnel actions that would disqualify him for the first award of the Army Good Conduct Medal.  Additionally, there are no entries in his record to indicate that his commander denied him this award.  Therefore, it is reasonable to presume he met the criteria for and should be awarded the Army Good Conduct Medal (1st Award) and have his DD Form 214 corrected 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 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 Army Good Conduct Medal (1st Award) for the period 4 August 1969 through 2 July 1971
* deleting from his DD Form 214 the Vietnam Service Medal with two bronze service stars and adding the:

* Purple Heart
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with three bronze service stars
* 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)                                         AR20120021147





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ABCMR Record of Proceedings (cont)                                         AR20120021147



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