BOARD DATE:	  3 December 2013

		DOCKET NUMBER:  AR20130006806 


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 wounded in combat on 3 May 1970
* the omission of the Purple Heart on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) was probably an accidental omission
* he received a 50 percent disability rating for his wounds from the Department of Veterans Affairs
* he did not feel the need to correct his records at the time of discharge, but as the years have passed he feels differently and would like to have his Purple Heart noted on his DD Form 214

3.  The applicant provides a copy of his DD Form 214. 

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 7 January 1969.  He completed training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  He served in Vietnam from 10 February to 10 June 1970.  His DA Form 20 (Enlisted Qualification Record) shows in:

	a.  Item 29 (Qualification in Arms) – award of the following:

*	Expert Marksmanship Qualification Badge with Grenade Bar

	b.  Item 38 (Record of Assignments) shows he was assigned to the 23rd Adjutant General Replacement Detachment from 10 February 1970 to 24 February 1970 and to Company D, 4th Battalion, 3rd Infantry, 11th Infantry Brigade, Americal Division, from 25 February 1970 to on or about 10 June 1970.  He was initially evacuated to the U.S. Military Hospital at Camp Zama, Japan, on 9 May 1970 and ultimately to the U.S. Naval Hospital, St. Albans, NY, on 10 June 1970.

	c.  Item 40 (Wounds) – multiple fragment wounds to both legs and other areas on 3 May 1970.  Army Regulation 600-200 (Enlisted Personnel Management System), chapter 9, 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 of the DA Form 20.  This regulation further stated that the date the wound or injury occurred would also be placed in item 40.

	d.  Item 41 (Awards and Decorations) – no Purple Heart

4.  On 11 September 1970, the applicant was honorably released from active duty and transferred to the U.S. Army Control Group (Reinforcement).  His DD Form 214 shows award of the National Defense Service Medal, Vietnam Service Medal, and the Expert Marksmanship Qualification Badge with Rifle Bar.

5.  The applicant's name appears on the Vietnam casualty roster as having been wounded in action on 3 May 1970.
6.  A review of the U.S. Army Human Resources Command Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal any orders for the Purple Heart pertaining to the applicant.

7.  A review of the available records indicates the applicant is entitled to additional awards not shown on his DD Form 214.

8.  His record shows he received "excellent" conduct and efficiency ratings.  Additionally, his record is void of documentation showing he was the subject of any disciplinary actions or that he received a commander's disqualification for award of the Army Good conduct Medal.

9.  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.  

10.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  It states:

	a.  The Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action.  Substantiating evidence must be provided to verify 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.  Army Regulation 600-8-22 states 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 6 months or more.  Also eligible for this award are individuals who qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and served for less than six months of service but:



* were wounded as a result of hostile action 
* were captured by hostile forces but later escaped or were rescued or released
* were killed in action or otherwise in line of duty

	c.  Appendix B lists the Vietnam campaigns and states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  It shows that during the applicant's service in Vietnam, participation credit was awarded for the following campaigns:

* Vietnam Winter-Spring 1970, 1 November 1969-30 April 1970
* DA Sanctuary Counteroffensive, 1 May 1970-30 June 1970

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 4th Battalion, 3rd Infantry was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 31 March through 30 June 1970 in Department of the Army General Orders (DAGO) Number 42, dated 1972.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of records shows the applicant was wounded in action on 3 May 1970.  His injury is confirmed with the entry on his DA Form 20 as well as the listing of his name on the Vietnam casualty roster.  Therefore, he is entitled to award of the Purple Heart and correction of his DD Form 214 to show this award. 

2.  The applicant served honorably during the period 7 January 1969 through 11 September 1970.  There is no evidence of any disciplinary actions 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.  He received all "excellent" conduct and efficiency ratings.  Therefore, it would be appropriate at this time to award him the Army Good Conduct Medal (1st Award) and correction of his DD Form 214 to show this award.

3.  He served in Vietnam during two campaigns.  Therefore, he is entitled to correction of his DD Form 214 to show two bronze service stars for wear on his previously-awarded Vietnam Service Medal.

4.  He completed 4 months of service in Vietnam from 10 February to on or about 10 June 1970.  However, he was wounded in action and evacuated to a hospital in Japan.  He met the criteria for and 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. 

5.  General orders awarded his unit of assignment in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, he is entitled to correction of his DD Form 214 to show this unit award.

6.  The applicant was awarded the Expert Marksmanship Qualification Badge with Grenade Bar.  Therefore, he is entitled to correction of his DD Form 214 to show this qualification badge. 

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:

* awarding him the Purple Heart for wounds received in action on 3 May 1970;
* awarding him the Army Good Conduct Medal (First Award) for the period 7 January 1969 through 1 September 1970;
* deleting from his DD Form 214 the Vietnam Service Medal; and 

* adding the following to his DD Form 214:

*	Purple Heart
*	Army Good Conduct Medal (1st Award)
*	Vietnam Service Medal with two bronze service stars
*	Republic of Vietnam Campaign Medal with Device (1960)




*	Republic of Vietnam Gallantry Cross with Palm Unit Citation
*	Expert Marksmanship Qualification Badge with Grenade Bar




      _______ _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)                                         AR20130006806



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ABCMR Record of Proceedings (cont)                                         AR20130006806



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