RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  8 April 2008
	DOCKET NUMBER:  AR20080000038 


	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.


x
	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, award of the Purple Heart (PH).   

2.  The applicant states, in effect, that he was wounded during combat operations in the Republic of Vietnam on 25 February 1967.  He claims he was hit on the left elbow, face, and right wrist by small arms fire from the Viet Cong.  He states that he was evacuated to the 3rd Field Hospital.  He indicates it is his belief that the failure to award him the PH was an honest mistake that resulted from the large number of Soldiers in his unit being wounded.  

3.  The applicant provides a Department of Veterans Affairs (VA) Rating Decision, dated 12 December 2005, in support of his application.  

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 record shows that he was inducted into the Army of the United States and entered active duty on 10 December 1965.  He was trained in and awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman), and sergeant (SGT) is the highest rank he attained while serving on active duty.  

3.  The applicant's Enlisted Qualification Record (DA Form 20) shows that he served in the RVN from 22 September 1966 through 4 August 1967.  Item 38 (Record of Assignments) shows that during his RVN tour, he was assigned to Company B, 2nd Battalion, 12th Infantry Regiment, performing duties in MOS 11B as a rifleman and infantry team leader.  Item 40 (Wounds) contains the entry "Gunshot Wound Left Elbow 25 Feb 67."  


4.  The applicant's Military Personnel Records Jacket (MPRJ) contains a Casualty Report Message that confirms the applicant was wounded by hostile small arms fire while on a search and clear operation in the RVN on 25 February 1967.  The MPRJ also contains a Western Union Telefax, dated 27 February 1967, which notified the applicant's parents that he had been slightly wounded in action in the RVN on 25 February 1967, and that his wound was treated at the 3rd Field Hospital, RVN.  

5.  The applicant's MPRJ also contains Headquarters, Fort Polk, Fort Polk, Louisiana, General Orders Number 285, dated 17 November 1967.  These orders awarded the applicant the Army Good Conduct Medal (AGCM) (First Award) for his qualifying honorable active duty service from 10 December 1965 through 9 December 1967.  There are no service medical records remaining on file in the MPRJ.  

6.  On 9 December 1967, the applicant was honorably released from active duty (REFRAD) after completing 2 years of active military service.  The separation document (DD form 214) he was issued at the time shows he earned the following awards:  National Defense Service Medal; Army Commendation Medal; Vietnam Service Medal; RVN Campaign Medal; Combat Infantryman Badge; Expert Marksmanship Qualification Badge with Rifle (M-16) Bar; and Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar.  

7.  The applicant provides a VA rating decision, dated 29 November 2005, which shows he was granted service-connection and a 10 percent disability rating for a scar, left elbow, residuals of a gunshot wound.  The explanation contained on the rating decision for this rating states that the service-connection for scar left elbow, residuals of a gunshot wound, was established as directly related to military service, and that the applicant's service medical records revealed he had sustained a gunshot wound to his left elbow in February 1967.

8.  Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy.  Paragraph 2-8 contains guidance on award of the PH.  It states, in pertinent part, that in order to support award of the PH, there must be evidence that the wound for which the award is being made was received as a result of enemy action, that it required treatment by military medical personnel, and a record of this medical treatment must have been made a matter of official record. 

9.  Paragraph 2-13 of the awards regulation contains guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN.  

10.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It confirms that during his tenure of assignment in the RVN, the applicant’s unit (2nd Battalion, 12th Infantry Regiment) received the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation.  It also shows that during the applicant's tenure of assignment in the RVN, participation credit was granted for the Vietnam Counteroffensive Phase II and Vietnam Counteroffensive Phase III campaigns.  

DISCUSSION AND CONCLUSIONS:

1.  By regulation, in order to support award of the PH, there must be evidence that the wound for which the award is being made was received as a result of enemy action, and that it required treatment by military medical personnel.  

2.  The evidence of record includes an entry in Item 40 of the applicant's DA Form 20 that confirms he was wounded in action in the RVN on 25 February 1967, and a Casualty Report and Western Union Telefax that both verify the applicant was wounded in action in the RVN on 25 February 1967, and that he was treated for this wound at the 3rd Field Hospital in the RVN.  In addition, the VA rating decision provided by the applicant verifies he sustained a gunshot wound in the RVN in February 1967, and that service medical records reviewed by the VA confirmed his treatment for this wound.  As a result, the regulatory burden of proof necessary to support award of the PH has been satisfied in this case.  Therefore, it would be appropriate to award the applicant the PH and to add it to his records and separation document at this time.  

3.  The evidence of record also confirms the applicant was awarded the first award of the AGCM for his qualifying honorable active duty service from 
10 December 1965 through 9 December 1967, and that based on his RVN service and campaign participation, he is entitled to the RVN Gallantry Cross with Palm Unit Citation, RVN Civil Actions Honor Medal First Class Unit Citation, and 2 bronze service stars with his Vietnam Service Medal.  As a result, it would also be appropriate to add these awards to his record and separation document at this time.  


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 being wounded in action in the Republic of Vietnam on 25 February 1967; 

	b.  by showing his entitlement to the Army Good Conduct Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and 2 bronze service stars with his Vietnam Service Medal; and 

	c.  providing him a correction to his separation document that includes these awards.




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          		CHAIRPERSON