BOARD DATE:	  11 March 2014

		DOCKET NUMBER:  AR20130011518 


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 to show the Purple Heart. 

2.  The applicant states, in effect, he was wounded in action in Vietnam in December 1970.  

3.  The applicant provides:

* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* Statement from his former commander 

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's records show he was inducted into the Army of the United States on 19 September 1969 and he held military occupational specialty 11B (Light Weapons Infantryman). 

3.  He served in Vietnam from 9 March 1970 to 21 April 1971.  He was assigned to Company A, 4th Battalion, 21st Infantry, 23rd Infantry (Americal) Division.  

4.  His records contain a Department of the Army telegram advising his next of kin that he was wounded in action on 14 December 1970 while on a combat operation when a booby trap detonated.  He received fragment wounds to his right arm, both legs, and left cheek.  He was treated and returned to duty. 

5.  Headquarters, Americal Division, published the following General Orders (GO):

* GO Number 10662, on 14 August 1970, awarding him the Bronze Star Medal for meritorious achievement from 1 April to 31 July 1970
* GO Number 16187, on 13 December 1970, awarding him the Bronze Star Medal for meritorious achievement from 1 August to 30 November 1970
* GO Number 01798, on 12 February 1971, awarding him the Bronze Star Medal for meritorious service from March 1970 to February 1971

6.  The applicant was honorably released from active duty in the rank/grade of sergeant (SGT)/E-5 on 22 April 1971.  He completed 1 year, 7 months, and 4 days of active service with no lost time.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Combat Infantryman Badge
* Bronze Star Medal
* Vietnam Campaign Medal with 1960 Device
* two overseas service bars
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

7.  His records do not contain GO awarding him the Purple Heart; however, his records contain a certificate, issued on 22 January 1971 awarding him the Purple Heart for wounds received in action on 14 December 1970. 

8.  He provides a statement, dated 7 May 2013, from his former company commander who states he was the commanding officer of Company A, 4th Battalion, 21st Infantry, from September 1970 to February 1971.  During that time, Company A was repeatedly operating in areas treated by Agent Orange and, consequently, everyone in the company was exposed to it.  He also remembers the applicant was with him every day and he was exposed to Agent Orange.  Additionally, the applicant was twice wounded, one of which was when they were both wounded during the same contact.  

9.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained while in action against and 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.

10.  A review of his records reveals no derogatory information that would disqualify him for the first award of the Army Good Conduct Medal.  Furthermore, item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his military service.  

11.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial. 

12.  Army Regulation 600-8-22, 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.  Appendix B shows that during his service in Vietnam, the applicant participated in the following three campaigns:

* Vietnam Winter - Spring 1970; 1 November 1969 - 30 April 1970
* Sanctuary Counteroffensive; 1 May - 30 June 1970
* Vietnam Counteroffensive Phase VII; 1 July 1970 - 30 June 1971

13.  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, 21st Infantry was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 31 March to 30 June 1970 based on Department of the Army General Orders Number 42, dated 1972.


DISCUSSION AND CONCLUSIONS:

1.  The applicant’s records contain an Army telegram informing his next of kin that he was wounded in combat on 14 December 1970.  There is also a certificate in his records that confirm this injury and his award of the Purple Heart. Therefore, he is entitled to correction of his DD Form 214 to show this award.  He does not ask for a second award of the Purple Heart, and there is no evidence of record to show he was wounded twice.

2.  GO awarded the applicant three awards of the Bronze Star Medal.  His DD Form 214 only shows one award.  Therefore, he is entitled to correction of his DD Form 214 to show all three awards of the Bronze Star Medal. 

3.  He was awarded the Vietnam Service Medal.  Additionally, he participated in three campaigns during his service in Vietnam.  Therefore, he is entitled to three 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.

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

5.  He served honorably during the period 19 September 1969 through 22 April 1971.  He served in Vietnam, was awarded multiple combat awards, and he received "excellent" conduct and efficiency ratings throughout his military service. Lacking any other derogatory information on file that would have disqualified him, it would be appropriate to award him the first award of the Army Good Conduct Medal based on completion of qualifying service ending with the termination of a period of Federal military service and correct his records 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 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 Army Good Conduct Medal (1st award) for service during the period 19 September 1969 through 22 April 1971
* deleting from his DD Form 214 the Vietnam Service Medal and the Bronze Star Medal
* adding to his DD Form 214 the:

* Purple Heart
* Bronze Star Medal (3rd Award)
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with three bronze service stars
* 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)                                         AR20130011518





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ABCMR Record of Proceedings (cont)                                         AR20130011518



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