IN THE CASE OF:	  

		BOARD DATE:	 22 October 2013 

		DOCKET NUMBER:  AR20130003528 


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 his right index finger was injured during an enemy rocket attack on 16 August 1969.

3.  The applicant provides:

* DD Form 214 (Report of Transfer or Discharge)
* DD Form 215 (Correction to DD Form 214)
* 1-page medical treatment record on 16 August 1969
* Standard Form (SF) 88 (Report of Medical Examination), dated 20 May 1970
* SF 89 (Report of Medical History), dated 20 May 1970
* General Orders Number 9657, issued by Headquarters, 101st Airborne Division, dated 26 July 1969
* General Orders Number 633, issued by the same headquarters, dated
27 January 1970

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

Counsel provides no additional contentions, arguments, or 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 enlisted in the Regular Army on 19 October 1967.

3.  On 20 March 1968, while attending advanced individual training (AIT), the applicant accepted nonjudicial punishment (NJP) under the provisions of
Article 15, Uniform Code of Military Justice (UCMJ) for failing to go at the time prescribed to his appointed place of duty on 19 March 1968.  He subsequently completed training and he was awarded military occupational specialty 67N (Single Rotor Turbine Utility Helicopter Repairman).

4.  He arrived in Vietnam on 19 February 1969.  During his service in Vietnam he was assigned to:

* 168th Transportation Detachment from 25 February 1969 through
9 October 1969
* Company B, 101st Aviation Battalion from 10 October 1969 through
28 January 1970
* Headquarters and Headquarters Company, 101st Aviation Battalion from 29 January 1970 through 16 May 1970

5.  A medical treatment record, dated 16 August 1969, shows the applicant received treatment for an injury to his right index finger with a loss of feeling, possible nerve damage, and a laceration to the 2nd finger with a loss of sensation.  The injury is reported as having occurred during a rocket attack.

6.  The record contains three orders for the Air Medal:

* General Orders Number 9657, dated 26 July 1969, awarded him the Air Medal with "V" Device for heroism in Vietnam on 9 June 1969
* General Orders Number 453, issued by Headquarters, 101st Airborne Division, dated 23 January 1970, awarded him the Air Medal for  meritorious service in Vietnam for the period 7 May 1969 to 13 May 1969
* General Orders Number 633, dated 27 January 1970, awarded him the Air Meal with "V" Device for heroism in Vietnam on 25 October 1969

7.  There is no evidence of a commander's disqualification that would have precluded the applicant from being recommended for or awarded the first award of the Army Good Conduct Medal.

8.  His record contains a DA Form 20 (Enlisted Qualification Record) that shows in:

	a.  item 38 (Record of Assignments) he received all "excellent" conduct and efficiency ratings throughout his service;

	b.  item 40 (Wounds) contains no entry (blank);

	c.  item 41 (Awards and Decorations) the entry:

* National Defense Service Medal
* Air Crewman Badge
* Vietnam Service Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Campaign Medal with Device (1960)
* Air Medal with "V" Device (2nd award)
* Bronze Star Medal with "V" Device
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16) by authority of Special Orders Number 98, issued by Headquarters,
5th Infantry Division, Fort Carson, CO, dated in 1969
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

9.  On 20 May 1970, he was honorably released from active duty as an overseas returnee and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation.  He completed 2 years, 7 months, and 2 days of total active service.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal


* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Aircraft Crewman Badge
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Air Medal with oak leaf cluster
* Bronze Star Medal with "V" Device

10.  On 27 April 1971, a DD Form 215 was issued correcting the applicant's rank, grade, and date of rank to specialist four (SP4)/E-4, effective 30 June 1969.

11.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, service medals and ribbons, combat and special skill badges, unit decorations, and similar devices awarded in recognition of accomplishments.  It 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.  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.  A silver service star will be worn in lieu of five bronze service stars.  Appendix B shows that during his service in Vietnam, the applicant participated in the following five campaigns:

* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* Tet 69 Counteroffensive, 1969 (23 February - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)
* Sanctuary Counteroffensive (1 May - 30 June 1970)

	c.  A bronze "V" device is authorized to be worn on the Bronze Star Medal, Air Medal, or Army Commendation Medal to denote that the award was for an act of heroism involving conflict with an armed enemy.


	d.  Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal.  The ribbon denotes the first award and numerals starting with the Numeral "2" denote the number of additional awards.

11.  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 168th Transportation Detachment was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 26 February through 14 May 1969 by Department of the Army General Order (DAGO) Number 43, dated 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 25 February 1969 through 2 May 1970 by DAGO Number 48, dated 1971

DISCUSSION AND CONCLUSIONS:

1.  Evidence shows on 16 August 1969, the applicant sustained a wound to his right index finger during a rocket attack.  He received treatment by medical personnel and the medical treatment was made a matter of official record.  Therefore, it would be appropriate at this time to award the applicant the Purple Heart for wounds received as a result of hostile enemy action on 16 August 1969 and to correct his DD Form 214 to show this award.

2.  The applicant received all "excellent" conduct and efficiency ratings through his service.  There is no evidence of a commander disqualification that would have precluded him from being recommended for or awarded the first award of the Army Good Conduct Medal.  Although the applicant's record contains a record of NJP for a single minor offense, it should not preclude him from being awarded the Army Good Conduct Medal.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) for the period 19 October 1967 through
20 May 1970 and his DD Form 214 should be corrected to show this award.

3.  The applicant was awarded three Air Medals, two for heroism and one for meritorious service.  His DD Form 214 shows only two awards and does not include the "V" Device denoting at least one award for heroism.  Therefore, his DD Form 214 should be corrected to show the Air Medal with Numeral 3 and with "V" Device.


4.  Records show the applicant qualified expert with the M-16 rifle.  Therefore, his DD Form 214 should be corrected to show this marksmanship badge vice the Sharpshooter Marksmanship Qualification Badge with Rifle Bar for the same weapon.

5.  The applicant served in Vietnam during five campaigns that entitle him to one silver service star for wear on his already-awarded Vietnam Service Medal.  Therefore, his DD Form 214 should be corrected to show this silver service star.

6.  One of the applicant's units was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation that is already shown on his DD Form 214.  However, one his units was also cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected 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.  deleting from his DD Form 214 the:

* Air Medal with oak leaf cluster
* Vietnam Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

	b.  awarding him the:

* Purple Heart for wounds received in action on 16 August 1969
* Army Good Conduct Medal (1st Award) for the period 19 October 1967 through 20 May 1970
	c.  adding to his DD Form 214 the:

* Purple Heart
* Air Medal with Numeral 3 and with "V" Device
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with one silver service star
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)



      _____________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)                                         AR20130003528



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ABCMR Record of Proceedings (cont)                                         AR20130003528



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