IN THE CASE OF:	   

		BOARD DATE:	  23 September 2014

		DOCKET NUMBER:  AR20140002908 


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.  He also requests the Bronze Star Medal and the Army Commendation Medal be added to his 
DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 5 November 1970.  In addition, he requests his record at the Department of Veterans Affairs (VA) be corrected to properly reflect his retired status and dates of service.

2.  The applicant states he was wounded in combat on 9 June 1970.  The Army Commendation Medal was given to him by his company commander on or about 11 June 1970 while he was recovering in the hospital from a gunshot wound.  He also received a Bronze Star Medal and the Purple Heart while he was in the hospital as a result of a gunshot wound.  A letter he received from the VA stated that the character of his discharge was unconfirmed and that he may have additional periods of service.  The record should properly reflect his retired status and dates of service. 

3.  The applicant provides:

* orders, dated 11 June 1970, awarding him the Bronze Star Medal
* a Medical Board Report Cover Sheet, dated 17 August 1970
* a letter, dated 24 March 1971, from the VA
* his DD Form 214 with an effective date of 5 November 1970
* his orders permanently retiring him by reason of disability
* his Certificate of Retirement, dated 1 October 1972
* 
* a letter, dated 26 December 2013, from the VA
* a picture of an Army Commendation Medal
* a letter, dated 20 January 2014, from National Personnel Records Center (NPRC), St. Louis, MO

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.  On 10 February 1969, he was inducted into the Army of the United States.  

3.  He served in the Republic of Vietnam from 16 October 1969 to 26 June 1970. He was assigned to:

* the 1st Battalion, 52nd Infantry from 16 October 1969 to 31 March 1970
* Company G, 57th Infantry (Rangers) from 1 April to 26 June 1970

4.  Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) shows he received a gunshot wound to his left knee on 9 June 1970.

5.  On 27 June 1970, he was assigned to the U.S. Army Hospital, Camp Zama, Japan.  On 22 July 1970, he was assigned to the U.S. Army Medical Detachment, Naval Hospital, Great Lakes, IL

6.  Headquarters, Americal Division issued the following general orders (GO):

* Number 6021, dated 11 June 1970, awarding him the Army Commendation Medal for meritorious achievement in the Republic of Vietnam from 1 January 1970 to 30 April 1970
* Number 6022, dated 11 June 1970, awarding him the Bronze Star Medal for meritorious service in the Republic of Vietnam from October 1969 to June 1970

7.  On 2 September 1970, an informal Physical Evaluation Board (PEB) found him physically unfit for common peroneal nerve, left, paralysis of, incomplete and muscled injury, Groups XIV AND XV, left, through and through gunshot wound.  The PEB recommended a combined disability rating of 40 percent and that he be placed on the Temporary Disability Retired List (TDRL) with a reexamination during March 1972. 

8.  On 5 November 1970, he was retired and placed on the TDRL.  He completed 1 year, 8 months, and 26 days of active service that was characterized as honorable.  His DD Form 214 shows he was awarded the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge with (Machinegun) Bar
* Sharpshooter Marksmanship Qualification Badge with (Rifle) Bar

9.  Item 41 (Awards and Decorations) of his DA Form 20 does not show he was awarded the Purple Heart.  There are no orders in his Military Personnel Records Jacket (MPRJ) awarding him the Purple Heart.  

10.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Records do not show indiscipline or lost time.  His records do not contain any adverse information and he received conduct and efficiency ratings of “excellent” throughout his service.

11.  On 20 July 1972, an informal PEB found him physically unfit for common peroneal nerve, left, paralysis of, incomplete and muscled injury, Groups XIV AND XV, left, through and through gunshot wound.  The PEB recommended a combined disability rating of 40 percent and that he be permanently retired from the service.  

12.  On 30 September 1972, he was removed from the TDRL and permanently retired as a result of disability with a 40 percent disability rating.

13.  The letter, dated 24 March 1971, he provided from the VA established service connection for the following conditions:

* residuals, gunshot wound, left thigh, with loss of muscles - rated 
30 percent
* 
residuals, shell fragment wound left calf, with partial paralysis - rated 
10 percent

14.  The letter, dated 26 December 2013, he provided from the VA provided information taken from the VA's data base.  It appears as though the information the VA has concerning his military service may be incomplete.

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems awarded during the Vietnam Conflict.  

	a.  During the period he was assigned to the 1st Battalion, 52nd Infantry the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 24 August - 31 December 1969.

	b.  During the period he was assigned to Company G, 75th Infantry (Rangers) the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 31 March - 30 June 1970.

	c.  Not more than one Republic of Vietnam Gallantry Cross with Palm Unit Citation will be worn by any individual.  However, although wear of multiple awards of this unit citation is not authorized, official military personnel and historical records will indicate all awards received.

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

	a.  The award of a bronze service star is authorized based on qualifying service for each campaign listed in Table B-1 (Campaigns, Service Requirements, and Inscriptions Prescribed for Streamers).  Authorized service stars will be worn on the appropriate campaign medal, including the Vietnam Service Medal.

	b.  Table B-1 includes the following Vietnam campaigns: 

* Vietnam Summer - Fall 1969 Campaign (9 June 1969 - 31 October 	1969)
* Vietnam Winter - Spring 1970 Campaign (1 November 1969 - 30 April 	1970)
* DA Sanctuary Counteroffensive Campaign (1 May 1970 - 30 June 	1970)

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

DISCUSSION AND CONCLUSIONS:

1.  Item 40 of his DA Form 20 shows he received a gunshot wound to his left knee on 9 June 1970.  The DA Form 20 is a record of his history in the Army and wounds should not be entered on this document without orders or a casualty report.  Therefore, there is sufficient evidence to award him the Purple Heart and add the decoration to his DD Form 214.

2.  Orders show he was awarded the Bronze Star Medal and the Army Commendation Medal.  Therefore, these decorations should be added to his 
DD Form 214.

3.  The applicant's records do not show indiscipline or lost time, and he received conduct and efficiency ratings of "excellent" throughout his military service.  Therefore, the preponderance of evidence shows the applicant is entitled to the first award of the Army Good Conduct Medal based on completion of qualifying service from 10 February 1969 to 5 November 1970 ending with termination of a period of Federal military service.

4.  He participated in three campaigns with in the Republic of Vietnam.  Therefore, he is authorized three bronze service stars to be worn on his Vietnam Service Medal.

5.  Department of the Army Pamphlet 672-3 shows that both the 1st Battalion, 
52nd Infantry and Company G, 75th Infantry (Rangers) were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to the units.  Therefore, his official military records should show he is entitled to two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

6.  The applicant contends the information in the letter, dated 26 December 2013, from the VA is incorrect.  The information in the letter is taken from the VA's data base which does not fall with the jurisdiction of the ABCMR.  It is recommended the applicant contact that Agency with his military documents in order to update their records concerning his status.

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 on 9 June 1970 in the Republic of Vietnam; 

	b.  awarding him the Army Good Conduct Medal (First Award) for the period 10 February 1969 to 5 November 1970; and

	c.  amending his DD Form 214 by deleting the Vietnam Service Medal and adding the:

* Bronze Star Medal
* Purple Heart
* Army Commendation Medal
* Army Good Conduct Medal (First Award)
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation  (two 	awards)



      _______ _   _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)                                         AR20140002908



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ABCMR Record of Proceedings (cont)                                         AR20140002908



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