BOARD DATE:	  25 June 2015

		DOCKET NUMBER:  AR20140017487 


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 and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show this award.

2.  The applicant states:

   a.  The 10 November 1969 Duty Officer's Log clearly documents that he was wounded in action while in the field.  When he returned to the fire base, the fragment was removed from his left knee and he was returned to duty.  He realizes his request is many years late but he believes he should receive the award he is entitled to.  
   
   b.  In 2010, he became aware of the declassification of Vietnam journals and the Texas technical archives.  He started his request through his Representative in Congress and became discouraged with a response from a lieutenant colonel that documentation did not show he was injured as a result of enemy action. However, the duty log clearly shows he was wounded in action (WIA).  He is proud of his service to his country, proud of being an infantryman, and would like to receive the medal he earned.

3.  The applicant provides:

* his DD Form 214
* 41 pages of DA Forms 1594 (Daily Staff Journal or Duty Officer's Log), dated between 8 and 11 November 1969
* 18 pages of medical records, dated between 23 July 1968 and 10 November 1970 

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 16 April 1969 and he held military occupational specialty 11B (Light Weapons Infantryman).  The last four numbers of his social security number (SSN) are 2974.  He was promoted to the rank/grade of sergeant (SGT)/E-5 on 1 July 1970.

3.  He served in Vietnam from 1 October 1969 to 9 November 1970 while assigned to Company C, 1st Battalion, 8th Cavalry Regiment, 1st Cavalry Division.

4.  He provides a DA Form 1594, dated 10 November 1969, wherein the Duty Officer, 1st Battalion, 8th Cavalry, annotated the following entries at 1800 hours on this date:

* S_______, R. - 4381, WIA
* P________, J. - 0370, fragment wound left head
* C_______, L. - 9471, gunshot wound - legs
* F___, J. - 8749, fragment wounds - arms and buttocks
* L_____, A_____, G. - 6165, fragment in back
* WIA, still in field [Applicant - last name and first initial] - 2974, G______, T. - 1066, A______, R. - 4912

5.  He provides a Standard Form (SF) 600 (Chronological Record of Medical Care), dated 20 November 1969, wherein it shows he was seen and treated on 


that date at the 15th Medical Battalion, Vietnam, for a complaint of fragment wounds in his left knee.  The treating physician annotated the form to show
x-rays of his left knee were taken to outline the fragments; fragments were located in the soft tissue near the patella.  The wound was to be observed for 2 weeks and the applicant was to return if problems arose.  

6.  His record contains the following General Orders (GO), issued by Headquarters Quarters, 1st Cavalry Division:

* GO Number 171, dated 3 January 1970, wherein he was awarded the Bronze Star Medal with "V" Device for heroism in action on 4 November 1969
* GO Number 9076, dated 1 June 1970, wherein he was awarded the Army Commendation Medal with "V" Device for heroism in sustained combat operations from 27 to 30 April 1970
* GO Number 13752, dated 30 July 1970, wherein he was awarded the Bronze Star Medal (1st Oak Leaf Cluster or 2nd Award) for meritorious service from September 1969 to September 1970

7.  His DA Form 20 (Enlisted Qualification Record):

   a.  Item 38 (Record of Assignments) shows he received all "excellent" conduct and efficiency rating throughout his service.  His record is void of any derogatory information, convictions by a court-martial, or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal (1st Award). 

   b.  Item 41 (Awards and Decorations) of his DA Form 20 shows he was awarded or authorized the:

* National Defense Service Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Vietnam Service Medal
* Bronze Star Medal with "V" Device
* Air Medal
* two overseas service bars
* Vietnam Campaign Medal with Device (1960)
* Bronze Star Medal (2nd Award)

8.  He was honorably released from active duty on 10 November 1970 in the rank of SGT and he was transferred to the U.S. Army Reserve.  He completed 1 year, 6 months, and 25 days of creditable active service with no lost time.

9.  The DD Form 214 he was issued shows award of the:

* Combat Infantryman Badge
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Vietnam Service Medal
* Bronze Star Medal
* National Defense Service Medal
* Army Commendation Medal
* Air Medal

10.  His record is void of orders awarding him the Purple Heart and his DD Form 214 does not list the award.

11.  Army Regulation 672-5-1 (Military 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 of less than 3 years but more than 1 year.  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 (Military Awards) provides that 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.

13.  Army Regulation 600-8-22 states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  A bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  A review of his records shows that during his service in Vietnam he participated in four campaigns.

14.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows Company C, 1st Battalion, 8th Cavalry Regiment, 1st Cavalry Division, was cited for award of the: 



* Valorous Unit Award, for the period 1 May through 29 June 1969 by DAGO Number 43, dated 1972
* Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 1 May 1969 through 1 February 1970 by DAGO Number 11, dated 1973
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for the period 1 January 1969 through 1 February 1970 by DAGO Number 42, dated 1972

DISCUSSION AND CONCLUSIONS:

1.  The applicant provides evidence that he was wounded in action in Vietnam on 10 November 1969 and remained in the field rather than being medically evacuated.  In addition, he provides an SF 600 that shows he was treated for a fragment wound to his left knee on 20 November 1969.  It is reasonable to presume that the wound the applicant received in action on 10 November 1969 was the fragment wound to his left knee that was subsequently treated at the battalion medical station.  Therefore, the evidence provided by the applicant should be accepted as sufficient to show he met the criteria for award of the Purple Heart for a wound sustained on 10 November 1969 and correction of his DD Form 214 to show this award.

2.  The evidence of record confirms he served honorably from 16 April 1969 through 10 November 1970.  He served with distinction in Vietnam, received all "excellent" conduct and efficiency ratings throughout his service, and his record is void a commander's disqualification or any derogatory information that would have disqualified him from receiving the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) based on completion of a qualifying period of Federal military service and correct his DD Form 214 to show this award.

3.  His DA Form 20 confirms he was awarded/authorized the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), two overseas service bars, and the Vietnam Campaign Medal with (1960) Device, none of which are shown on his DD Form 214.  

4.  In addition, GO awarded him the Bronze Star Medal (2nd Award) and with "V" Device and the Army Commendation Medal with "V" Device while his DD Form 214 shows the Bronze Star Medal and the Army Commendation Medal. Therefore, he is entitled to correction of his DD Form 214 accordingly.



5.  His record confirms he participated in four campaigns during his service in Vietnam.  Therefore, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 accordingly.

6.  GO awarded his unit in Vietnam the Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period he was assigned to the unit.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

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 in Vietnam on 10 November 1969 
* awarding him the Army Good Conduct Medal (1st Award) for the period 16 April 1969 through 10 November 1970
* deleting from his DD Form 214 the Vietnam Service Medal, Bronze Star Medal, and Army Commendation Medal
* adding to his DD Form 214 the:

* Bronze Star Medal (2nd Award) with "V" Device
* Army Commendation Medal with "V" Device
* Army Good Conduct Medal (1st Award)
* Purple Heart
* Vietnam Service Medal with four bronze service stars
* Vietnam Campaign Medal with Device (1960) 
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* two overseas service bars



      __________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)                                         AR20140017487



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ABCMR Record of Proceedings (cont)                                         AR20140017487



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