IN THE CASE OF:	  

		BOARD DATE:	  29 October 2013

		DOCKET NUMBER:  AR20130006108 


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.  The applicant states he was awarded the Purple Heart for wounds received in combat.

3.  The applicant provides:

* DD Form 214
* Letter issued by Headquarters, 18th Surgical Hospital, subject:  Transmittal of Award, dated 3 March 1971, and enclosed Purple Heart Certificate, dated 21 February 1971
* DA Form 2496 (Disposition Form), subject:  Request for Information, dated 29 March 1971

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 May 1970 and he held military occupational specialty 11B (Light Weapons Infantryman).

3.  He arrived in Vietnam on or about 21 October 1970 and served in Vietnam for a period of 4 months and 11 days.

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

	a.  item 31 (Foreign Service) he served in Vietnam from 21 October 1970 through 3 March 1971;

	b.  item 38 (Record of Assignment) he:

* was assigned to Troop B, 3rd Squadron, 5th Cavalry, 9th Infantry Division on 24 November 1970
* departed Vietnam on 3 March 1971 while in a patient status en route to Fitzsimons General Hospital, Denver, CO
* received all "excellent" conduct and efficiency ratings throughout his service

	c.  item 40 (Wounds) he suffered a perforation of the left tympanic membrane on 20 February 1971.

5.  On 4 January 1972, he was honorably released from active duty and he was transferred to the U.S. Army Reserve (USAR) Control Group to complete his remaining service obligation.  He completed 1 year, 7 months, and 16 days of total active service.  The DD Form 214 he was issued shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Combat Infantryman Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Second Class (Marksmanship) Qualification Badge with Grenade Bar
6.  There is no evidence of derogatory information or 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.

7.  Review of The Adjutant General's Office, Casualty Division's Vietnam casualty listing shows the applicant's name is listed as a casualty on 20 February 1971 under casualty status code "26."  This casualty code refers to "hostile wounded in action, not serious, hospitalized, no notification."

8.  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 find an award of the Purple Heart pertaining to the applicant.

9.  The applicant provided a Transmittal Letter with enclosed Purple Heart Certificate and a DA Form 2496.

	a.  The certificate indicates he was awarded the Purple Heart for wounds received in action in Vietnam on 20 February 1971.

	b.  The DA Form 2496 shows that on 30 March 1971 an Army medical officer stated that the applicant "was evacuated to CONUS because of laceration, right preauricular area and perforation of left tympanic membrane.  These injuries were sustained when the APC [Army Personnel Carrier] in which he was riding hit a land mind [sic], 20 February 1971, near Quang Tri, Republic of Viet Nam."

10.  Army Regulation 672-5-1 (Decorations and 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 the 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.

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, unit decorations, and similar devices awarded in recognition of accomplishments.  It states:

	a.  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 Counteroffensive Phase VII (1 July 1970 - 30 June 1971) campaign.

	b.  The Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for six months or more.  Individuals who had qualified for award of the Vietnam Service Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Republic of Vietnam Campaign Medal with Device (1960).

12.  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 5th Cavalry, 9th Infantry Division, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 8 February through 30 April 1971 by Department of the Army General Order Number 42, dated 1972.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his DD Form 214 to show the award of the Purple Heart.

2.  Item 40 of his DA Form 20 shows he sustained a wound on 20 February 1971 and his name is listed on the Vietnam casualty listing for an incident on the same day.  He also provided a Letter of Transmittal that included a Purple Heart Certificate indicating he was awarded the Purple Heart for wounds received in action on 20 February 1971.  There is sufficient evidence that shows he was wounded in action in Vietnam on 20 February 1971 as a result of hostile action.  Therefore, his DD Form 214 should be corrected to show this award.

3.  Records show the applicant served less than the normally-required six months in Vietnam for entitlement to the Republic of Vietnam Campaign Medal with Device (1960).  However, he was evacuated prior to completing six months of service due to wounds resulting from hostile action.  Therefore, he is entitled to award of the Republic of Vietnam Campaign Medal with Device (1960) and correction of his DD Form 214 to show this award.


4.  His unit in Vietnam was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, his
DD Form 214 should be corrected to show this award.

5.  He participated in one campaign during his service in Vietnam that entitles him to one bronze service star for wear on his already-awarded Vietnam Service Medal.  Therefore, his DD Form 214 should be corrected to show this one bronze service star.

6.  Records show he received all "excellent" conduct and efficiency ratings throughout his service with no evidence of a commander's disqualification that would have precluded 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 May 1970 through 4 January 1972 and 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 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.  deleting from his DD Form 214 the Vietnam Service Medal;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period 
19 May 1970 through 4 January 1972, and

	c.  adding to his DD Form 214 the:

* Purple Heart
* Army Good Conduct Medal (1st Award)


* Vietnam Service Medal with one bronze service star 
* Republic of Vietnam Campaign Medal with Device (1960)
* 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)                                         AR20130006108



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ABCMR Record of Proceedings (cont)                                         AR20130006108



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