IN THE CASE OF:	  

		BOARD DATE:	  13 August 2013

		DOCKET NUMBER:  AR20130001002


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.  The applicant states:

* while serving in Dian, Republic of Vietnam, he was hit with fragments of a rocket when his "hootch" was hit by a rocket attack
* he received fragment wounds to his left lower toe, right toe, and right hand, as indicated in his service records and on his DD Form 1380 (U.S. Field Medical Card)
* he was never put in for the Purple Heart, as there were other more seriously injured personnel around him who needed tending to – some needed to be evacuated by air
* he should be awarded the Purple Heart for wounds received in the Republic of Vietnam

3.  The applicant provides:

* DD Form 1380
* Standard Form (SF) 600 (Health Record – Chronological Record of Medical Care)





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 24 November 1965.  He completed his initial entry training and was awarded military occupational specialty (MOS) 76P (Stock Control and Accounting Specialist).

3.  His DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam from on or about 21 April 1967 through on or about 19 April 1968.  During his period of service in the Republic of Vietnam, he was assigned to the 1st Supply and Transport Battalion, 1st Infantry Division.

4.  On 22 November 1968, he was honorably released from active duty at the expiration of his term of service and transferred to the U.S. Army Reserve.  His DD Form 214 shows he completed 2 years, 11 months, and 29 days of net active service during this period.  

5.  His DD Form 214 shows he was awarded the National Defense Service Medal, Vietnam Service Medal with bronze service star, the Republic of Vietnam Campaign Medal with Device (1960), and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

6.  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 for the Purple Heart pertaining to the applicant.

7.  The Vietnam casualty roster indicates the applicant sustained wounds resulting from hostile fire on 5 April 1968; however, the treatment of his wounds did not require hospitalization.  
8.  He provides a DD Form 1380 and an SF 600, which show he was treated for fragmentary wounds on 5 April 1968.

9.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded to a member of the Armed Forces of the United States who, while serving in any capacity with one of the U.S. Armed Services after 5 April 1917, has been wounded or killed or who has died or may die after being wounded in any action against an enemy of the United States.  Substantiating evidence must be provided to verify the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

10.  A review of the applicant's records indicates he is entitled to additional awards which are not shown on his DD Form 214.

11.  There is no indication in his available record that shows he was awarded the Army Good Conduct Medal.  Item 38 of his DA Form 20 shows he received 
"excellent" conduct and efficiency ratings throughout his service.  There is no evidence of a commander's disqualification for the award.  Additionally, there is no evidence of any convictions by court-martial or nonjudicial punishment under Article 15, Uniform Code of Military Justice (UCMJ).

12.  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, and he/she could not have been convicted by court-martial.

13.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance for the Vietnam Service Medal and 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, participation credit was awarded for the following four campaigns:

* Vietnam Counteroffensive Phase II (1 July 1966 – 31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967 – 29 January 1968)
* Tet Counteroffensive (30 January 1968 – 1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April 1968 – 30 June 1968)

14.  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 1st Supply and Transport Battalion, 1st Infantry Division, to which the applicant was assigned, was cited for the: 

* Meritorious Unit Commendation, for the period 1 November 1966 through 30 June 1967 by Department of the Army General Orders (DAGO) Number 17, dated 1968
* Meritorious Unit Commendation (2nd Award), for the period 1 July 1967 through 31 December 1968 by DAGO Number 56, dated 1969
* Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 12 June 1965 through 16 October 1968 by DAGO Number 21, dated 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for the period 1 October 1965 through 7 April 1970 by DAGO Number 50, dated 1973 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show award of the Purple Heart has been carefully considered and is found to have merit.

2.  The evidence of record shows the applicant was wounded by hostile fire, received medical treatment for his wounds on 5 April 1968, and the treatment was made part of his official record.  Therefore, it would be appropriate to award him the Purple Heart and to correct his DD Form 214 to show this award.

3.  He served honorably from 24 November 1965 through 22 November 1968.  His records show he received "excellent" conduct and efficiency ratings throughout his service.  There is no evidence of any disciplinary or derogatory actions or a commander's disqualification for the first award of the Army Good Conduct Medal.  Therefore, as a matter of equity, it would be appropriate to award him the Army Good Conduct Medal (1st Award), and to correct his DD Form 214 to show this award.

4.  Records show he participated in four campaigns during his service in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show four bronze service stars for wear on his already-awarded Vietnam Service Medal.

5.  General orders awarded his unit of assignment in the Republic of Vietnam the Meritorious Unit Commendation (2nd Award), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, during the periods in which he was assigned.  These unit awards are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show them.

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 for wounds sustained as a result of hostile action on 5 April 1968; 

   b. awarding him the Army Good Conduct Medal (1st Award) for the period  24 November 1965 through 22 November 1968; and

   c. amending his DD Form 214 to delete the Vietnam Service Medal with bronze service star and add:

* Purple Heart
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* Meritorious Unit Commendation (2nd Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* 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)                                         AR20100015543



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ABCMR Record of Proceedings (cont)                                         AR20130001002



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