IN THE CASE OF:	  

		BOARD DATE:	  12 November 2013

		DOCKET NUMBER:  AR20130004904 


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 show award of the Purple Heart.

2.  He states he sustained a blast wound to his left hand.  

3.  He provides a Standard Form (SF) 88 (Report of Medical Examination) and information on the Purple Heart medal.  

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 September 1969.  The highest rank/grade he attained was specialist four (SP4)/E-4.

3.  His DA Form 20 (Enlisted Qualification Record) shows in:

   a.  item 31 (Foreign Service), he served in the Republic of Vietnam (RVN) from 20 March to 8 June 1970.
   
   b.  item 38 (Record of Assignments), he was assigned to Company B, 4th Battalion, 12th Infantry Regiment, 199th Infantry Brigade in the RVN from 
16 March to 8 June 1970 then he was transferred to a patient status.

   c.  item 38, he received all "excellent" conduct and efficiency ratings throughout his service.
   
   d.  item 40 (Wounds), he sustained a blast wound to his left hand on 4 June 1970.
   
   e.  item 41 (Awards and Decorations), no entry for award of the Purple Heart.

4.  He provided an SF 88, dated 17 June 1971, which shows he sustained a blast wound to his left hand and was given a U-3 profile (24 September 1970).  Block 74 of this form includes the entry "No assignment requiring the prolonged handling of heavy materials.  No overhead work, no pull-ups or push-ups."

5.  His service record is void of orders which show he was awarded the Purple Heart.  His name is not listed on the Vietnam Casualty Roster.  

6.  He was released from active duty on 6 August 1971 in the rank/pay grade of SP4/E-4.  He completed 1 year, 10 months, and 20 days total active service with no lost time.  His service record does not contain a commander's disqualification for the first award of the Army Good Conduct Medal.

7.  His DD Form 214 shows award of the:

* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* National Defense Service Medal
* Vietnam Service Medal
* RVN Campaign Medal with Device (1960)
* Combat Infantryman Badge


8.  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.

9.  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 unit to which the applicant was assigned was cited for award of the:

	a.  RVN Gallantry Cross with Palm Unit Citation for the period 19 June 1968 to 31 July 1970 by Department of the Army General Order (DAGO) Number 51, dated 1971.

	b.  RVN Civil Actions Honor Medal First Class Unit Citation for the period 12 December 1966 to 31 August 1970 by DAGO Number 51, dated 1971.

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

11.  Army Regulation 600-200 (Enlisted Personnel Management System), 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 (wounds) of the DA Form 20.  This regulation further stated that the date the wound or injury occurred would also be placed in item 40.

12.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states that 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, the applicant participated in the Vietnam Winter - Spring 1970 and Sanctuary Counteroffensive campaigns.  

13.  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.  The applicant's available service record does not contain orders that award him the Purple Heart and his name is not listed on the Vietnam casualty listing.  However, his DA Form 20 and medical document confirm he sustained a blast wound to his left hand on 4 June 1970.  Therefore, this evidence is sufficient as a basis for awarding him the Purple Heart for wounds received in action on 4 June 1970 and to correct his DD Form 214 to show this award.

2.  His service record does not show he was disqualified from receiving the first award of the Army Good Conduct Medal for the period 17 September 1969 through 6 August 1971.  He was promoted to SP4/E-4 and he received all "excellent" conduct and efficiency ratings throughout his service.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) for the period 17 September 1969 through 6 August 1971 and his DD Form 214 should be corrected to show this award.

3.  His unit in Vietnam was cited for award of the RVN Gallantry Cross with Palm Unit Citation and RVN Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show these unit awards.

4.  He participated in two campaign phases during his service in Vietnam.  Therefore, he is entitled to two bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

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 received in action on 4 June 1970;
   
   b.  deleting the Vietnam Service Medal from his DD Form 214;
   
   c.  awarding him the Army Good Conduct Medal (1st Award) for the period17 September 1969 through 6 August 1971; and 
   
   d.  amending his DD Form 214 by adding award of the Purple Heart, Army Good Conduct Medal (1st Award), RVN Gallantry Cross with Palm Unit Citation, RVN Civil Actions Honor Medal First Class Unit Citation, and Vietnam Service Medal with two bronze service stars.



      _______ _   _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)                                         AR20130004904





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ABCMR Record of Proceedings (cont)                                         AR20130004904



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