IN THE CASE OF:	  

		BOARD DATE:	  6 August 2013

		DOCKET NUMBER:  AR20120022535 


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.

2.  He states he was medically evacuated on 4 July 1970, after receiving wounds in the head.  He explains he was serving with 1st Platoon, B Company, 1st Battalion, 506th Infantry Regiment, 101st Airborne Division.  After receiving mortar fire that morning, his platoon was instructed to go down the hill in search of the enemy.  While conducting the search, a rocket-propelled grenade (RPG) was fired upon them.  The RPG hit a tree and caused him to be hit with shrapnel and debris.  He suffered from a concussion.

3.  He provides the following:

* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* Self-authored statement
* Three witness statements
* DA Form 1594 (Daily Staff Journal or Duty Officer Log) 
* Health Record document
* Spot Reports

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 17 April 1969.  He served in Vietnam from 11 October 1969 to 7 October 1970 and was assigned to Headquarters and Headquarters Company, 1st Battalion, 506th Infantry Regiment.  He served 2 years on active duty and achieved the rank of 
E-5.  He was honorably released from active duty on 16 April 1971.

3.  His DD Form 214 shows the following:

* National Defense Service Medal
* Vietnam Service Medal (VSM) with two bronze service stars 
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Army Commendation Medal
* Bronze Star Medal
* Air Medal

4.  His DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his period of service.  There is no record of any Article 15's, courts-martial, or any type of adverse action in his available records.  There is also no record of a commander's disqualification for the Army Good Conduct Medal (AGCM).

5.  Item 41 (Awards and Decorations) of his DA Form 20 shows he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

6.  His name is not listed on the Vietnam casualty listing.

7.  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 any orders for the Purple Heart pertaining to the applicant.


8.  The applicant provided:

   a.  Three witness statements from his platoon sergeant, platoon leader, and a fellow comrade who described the events of 4 July 1970 and the applicant's wounding.  His platoon sergeant stated that after hearing the popping of a mortar tube, the platoon packed up and moved further down the hillside.  The platoon immediately began taking RPG and small arms fire and several of the guys were wounded, including the applicant.  The platoon leader confirms the platoon's contact with the enemy on 4 July 1970 and stated that three of the four wounded Soldiers, to include the applicant, were evacuated using a jungle penetrator.  Additionally, he stated he was the staff officer on duty and line numbers 24, 50, and 52 of the DA Form 1594 confirm their contact with enemy troops.
   
   b.  A DA Form 1594 that shows the period covered by the journal as 0001 hours to 2400 hours 4 July 1970.  Items 24, 50, and 52 indicated that the officer requested clearance for "Recee bird" and courtesy clearance for "Sniffer Brigade mission which falls in the following grids . . . ."
   
   c.  Spot Reports that indicated B Company took enemy fire on 4 July 1970 and three Soldiers were wounded to include the applicant who suffered a head wound.  A medical evacuation was requested.
   
   d.  A health record document, dated 4 July 1970, that indicated he was X-rayed and treated for a light scalp abrasion.
   
9.  Army Regulation 672-5-1 (Decorations and Awards), in effect at the time, provided that the Purple Heart was awarded to any member of the Armed Forces of the United States who was wounded in action against an armed enemy of the United States or as a direct result of an act of such enemy provided the wound necessitated treatment by a medical officer.  For the purpose of considering an award of this decoration, a "wound" is defined as an injury to any part of the body from an outside force or agent sustained in action in the face of the armed enemy or as a result of a hostile act of such enemy.

10.  Army Regulation 672-5-1 provided that the AGCM 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.

11.  Appendix B of Army Regulation 600-8-22 (Military Awards) states a bronze service star is awarded for wear on the VSM for participation in each campaign.  Appendix B shows participation credit was awarded for the following campaigns coinciding with the applicant's service in Vietnam:

* Vietnam Summer - Fall 1969 (9 June 1969 - 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)
* Sanctuary Counteroffensive (1 May1970 - 30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units that served in the Vietnam War.  This pamphlet shows the 1st Battalion, 506th Infantry Regiment, to which he was assigned, was cited for the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 43, dated 1970.

DISCUSSION AND CONCLUSIONS:

1.  The Spot Reports and the witness statements from the applicant's platoon sergeant and platoon leader verify his wounding on 4 July 1970 as a result of enemy fire and subsequent medical evacuation.  Additionally, his health record document indicated he was treated by medical personnel on 4 July 1970 which is consistent with the information provided.  Therefore, in the interest of equity, it would be appropriate to award him the Purple Heart for wounds received as a result of hostile action on 4 July 1970 and correction of his DD Form 214 to show this award.

2.  The evidence of record shows he received "excellent" conduct and efficiency ratings and he had no adverse actions or commander's disqualification for award of the AGCM.  Therefore, he is entitled to award of the AGCM (1st Award) for the period 17 April 1969 to 16 April 1971 and correction of his DD Form 214 to show this award.

3.  His DA Form 20 verifies he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).  Therefore, he is entitled to correction of his DD Form 214 to show this badge.

4.  The evidence of record shows he is entitled to wear the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be corrected 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 Army Good Conduct Medal (1st Award) for the period
17 April 1969 to 16 April 1971 and the Purple Heart for wounds received on
4 July 1970;

	b.  deleting from his DD Form 214 the Vietnam Service Medal with two bronze service stars; and 
   
c. adding to his DD Form 214:

* Purple Heart
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* 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)                                         AR20120022535





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ABCMR Record of Proceedings (cont)                                         AR20120022535



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