BOARD DATE: 30 November 2010 DOCKET NUMBER: AR20100014457 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 (Report of Transfer or Discharge) to show his award of the Purple Heart. He also requests a replacement Purple Heart. 2. The applicant states he received the Purple Heart but over the years has misplaced the medal. 3. The applicant indicated he was providing copies of his Bronze Star Medal with "V" Device citation, DD Form 214, and medical records showing he was wounded in action. These submissions are not with the application; however, copies of the identifiable documents are included in his Official Military Personnel File (OMPF). 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 requests a replacement award of his Purple Heart. However, the ABCMR does not issue awards. The applicant is advised that requests for medal sets for previously approved awards should be forwarded to the National Personnel Records Center (NPRC), ATTN: Army Reference Branch, 9700 Page Boulevard, St. Louis, Missouri 63132-5200. The NPRC will verify the awards to which a retiree/veteran is entitled and forward the request with verification to the appropriate service department for issuance of the medals. Requests to the NPRC may be submitted via a letter or completing a Standard Form 180 (which can be found at http://www.archives.gov/st-louis/military-personnel/index.html.) Requests must include a copy of the retiree's/veteran's separation or discharge paperwork and any other supporting documentation to substantiate his request. Therefore, this portion of the applicant's request will not be discussed further in these Proceedings. 3. The applicant was inducted into the Army of the United States on 20 August 1969. He completed training and he was awarded military occupational specialty (MOS) 11D (Armor Reconnaissance Specialist). 4. Special Orders Number 230, issued by Headquarters, U.S. Army Training Center, Infantry, Fort Benning, GA, dated 20 September 1969, awarded the applicant the First Class (Sharpshooter) Marksmanship Qualification Badge with Grenade Bar. 5. Special Orders Number 244, issued by the same headquarters, dated 7 October 1969, awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar (M-14). 6. Special Orders Number 256, issued by the same headquarters, dated 20 October 1969, awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar (M-16). 7. Special Orders Number 216, issued by Headquarters, 2nd Advanced Individual Training Brigade, Fort Knox, KY, dated 12 December 1969, awarded the applicant the Second Class Gunner (Marksman) Marksmanship Qualification Badge with Machinegun Bar (M-60). 8. Special Orders Number 107, issued by Headquarters, 1st Infantry Brigade, 5th Infantry Division, dated 17 April 1970, awarded the applicant the Combat Infantryman Badge. 9. General Orders Number 1544, issued by Headquarters, 1st Infantry Brigade, 5th Infantry Division, dated 25 August 1970, awarded the applicant the Bronze Star Medal with "V" Device for heroism on 8 May 1970. The citation states that the applicant, while assigned to Troop A, 3rd Squadron, 5th Cavalry Regiment, was serving as the driver of a personnel carrier when his unit was suddenly ambushed and came under an intense barrage of enemy automatic weapons, rocket propelled grenade, and mortar file. His vehicle sustained a direct hit from an enemy mortar round and all the crew members were seriously wounded. Despite being seriously wounded and half blinded as a result of his wounds, he disregarded his wounds and continued to drive through and out of an area of concentrated hostile fire for a mile and a half until, due to his wounds, he collapsed. He wounds required that he be medically evacuated. 10. On 28 December 1970, in conjunction with his promotion to specialist five (SP5)/E-5, he was awarded MOS 11E (Armor Crewman) as his primary MOS with 11D being retained as his secondary MOS. 11. The applicant's service medical and dental records are believed to be on permanent loan to the Department of Veterans Affairs and are not available for review. The available record does contain one page of the applicant's service medical records, dated 4 March 1971, that shows he was treated for a secondary infection due to shrapnel from a wound sustained on 8 May 1970. 12. The applicant's record contains two DA Forms 20 (Enlisted Qualification Record); however, both are incomplete. The first ends with his assignment to Vietnam, effective 19 December 1969. The second form lists only one assignment, Headquarters and Headquarters Company, 3rd Squadron, 5th Cavalry Regiment; that commenced on 15 June 1970. 13. Between the two DA Forms 20, his awards are shown as the Bronze Star Medal with "V" Device, National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Expert Marksmanship Qualification Badge with Rifle Bar (M-14), and the Sharpshooter Marksmanship Qualification Badge with Grenade Bar. 14. The applicant's conduct and efficiency ratings are listed exclusively as "excellent" and his record contains no derogatory entries, indications of disciplinary actions, nonjudicial punishment, or court-martials that would suggest he was considered not eligible for award of the Army Good Conduct Medal. 15. The applicant was honorably released from active duty, as an oversees returnee, on 11 March 1971. He had 1 year, 6 months, and 22 days of creditable service with no time lost. His DD Form 214 show service in Vietnam from 26 January 1970 through 10 March 1971 and lists his awards as the National Defense Service Medal, Vietnam Service Medal, and the Republic of Vietnam Campaign Medal with Device (1960). 16. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. This document shows that while the applicant was assigned to the 3rd Squadron, 5th Cavalry Regiment, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 8 February 1971 - 30 April 1971 by Department of the Army General Orders Number 42, dated 1972. 17. A review of the Vietnam Casualty List failed to locate any reference to the applicant. 18. Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders for any awards for the applicant. 19. Army Regulation 600-8-22 (Military Awards) provides the following information: a. 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; and b. a bronze service star is authorized, based on qualifying service, for each designated campaign listed in Appendix B of the regulation and states that authorized service stars will be worn on the appropriate campaign or service medal. The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal. Based on the applicant's dates of service in Vietnam, Appendix B indicates he participated during the following three campaign periods: * Vietnam Winter-Spring 1970 (1 November 1969 - 30 April 1970) * DA Sanctuary Counteroffensive (1 May 1970 - 30 June 1970) * Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971) 20. 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 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. Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified. Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond. At that time, unfavorable consideration was normally noted on the DA Form 20. DISCUSSION AND CONCLUSIONS: 1. While the record does not contain a copy of the orders awarding the applicant the Purple Heart, the Bronze Star Medal citation clearly shows he sustained a combat wound on 8 May 1970. His DD Form 214 does not list the Purple Heart award. Therefore, it would be appropriate to correct his DD Form 214 to show this award. 2. The applicant is shown to have distinguished himself by his conduct, efficiency, and fidelity as evidenced by his combat service, his "excellent" conduct and efficiency ratings, his personal decorations, and his promotion to E-5. The record contains no indication of any disqualifying incidents or recommendations. Therefore, it is appropriate to award the applicant the first award of the Army Good Conduct Medal for his period of service from 20 August 1969 through 11 March 1971 and to correct his DD Form 214 to show this award. 3. The applicant served in Vietnam during three campaign periods. Therefore, he is entitled to three bronze service stars for wear on his Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars. 4. General orders cited his unit in Vietnam award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment. Therefore, he is entitled to correction of his DD Form 214 to show this unit award. 5. The applicant's award of the Bronze Star Medal with "V" Device, Combat Infantryman Badge, and four marksmanship qualification badges are not listed on his DD Form 214. Therefore, it would be appropriate to correct his DD Form 214 to reflect these 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: a. deleting from item 24 of his DD Form 214 the Vietnam Service Medal; b. awarding the applicant the Army Good Conduct Medal (first award) for his period of service from 20 August 1969 through 11 March 1971; and c. adding to item 24 of his DD Form 214 the Purple Heart, Army Good Conduct Medal (first award), Vietnam Service Medal with three bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Combat Infantryman Badge, Expert Marksmanship Qualification Badge with Rifle Bar (M-14 and M-16), Sharpshooter Marksmanship Qualification Badge with Grenade Bar, and the Marksman Marksmanship Qualification Badge with Machinegun 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) AR20100014457 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100014457 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1