RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  15 April 2008
	DOCKET NUMBER:  AR20080001212 


	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.




Director



Analyst
      The following members, a quorum, were present:


M

Chairperson

M

Member

M

Member
	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 correction of his records to show award of the Purple Heart.

2.  The applicant states that he was awarded the Purple Heart for injuries sustained on 10 December 1967 in the Republic of Vietnam.

3.  The applicant provides the following additional documentary evidence in support of his application:

	a.  DA Form 8-275-3 (Clinical Record Cover Sheet), dated 16 December 1967.

	b.  Standard Form 502 (Clinical Record-Narrative Summary), dated 10 December 1967.

	c.  Standard Form 501 (Chronological Record of Medical Care), dated 3 January 1968.

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 enlisted in the Regular Army for a period of 3 years on 7 October 1966.  He completed basic combat and advanced individual training and was awarded the military occupational specialty (MOS) 91B (Medical Specialist).  The highest rank/grade he attained during this period of military service was specialist five (SP5)/E-5.  He was honorably separated and transferred to the U.S. Army Reserve Control Group (Reinforcement) on 6 October 1969.  
3.  The applicant's records show that he served in the Republic of Vietnam during the period 6 April 1967 to 30 March 1968.  He was assigned to Headquarters and Headquarters Company, 2nd Battalion, 60th Infantry.

4.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214, dated 6 October 1969, shows he was awarded the National Defense Service Medal, the Vietnam Service Medal with three bronze service stars, the Republic of Vietnam Campaign Medal, the Combat Medical Badge, and the Marksman Marksmanship Qualification Badge with Rifle Bar.  Item 24 does not show award of the Purple Heart.

5.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) does not show an entry of wounds received in action.  Item 41 (Awards and Decorations) does not show award of the Purple Heart.

6.  The applicant's name is not shown on the Vietnam Casualty Roster.    

7.  During the processing of this case, a member of the Board staff reviewed the Awards and Decorations Computer Assisted Retrieval System (ADCARS) maintained by the Military Awards Branch of the United States Army Human Resources Command (HRC), which is an index of general orders issued during the Vietnam era between 1965 and 1973.  This review failed to reveal any Purple Heart orders on file for the applicant.  

8.  The applicant's records contain a Department of the Army message, dated 11 December 1967, stating that the applicant was wounded by metal fragments to the head, left arm, and left legs, on 10 December 1967, when engaged in a fire-fight against a hostile force in the Republic of Vietnam.  He was treated at the 24th Evacuation Hospital.

9.  The applicant's records also contain a Western Union Telegram, dated 11 December 1967, informing the applicant's parents that he was slightly wounded in action in the Republic of Vietnam on 10 December 1967 as a result of hostile action.  He sustained metal fragment wounds to the head, left arm, and left leg, while engaged in a firefight against a hostile force in the Republic of Vietnam.

10.  The applicant provided a copy of his clinical record cover sheet that shows he was treated at the 24th Evacuation Hospital in the Republic of Vietnam on 10 December 1967 for fragment wounds to his scalp caused by a mortar attack at his base camp.  The clinical record form also states that "the Purple Heart was awarded per General Orders 194, dated 11 December 1967, Headquarters, 24th Evacuation Hospital."

11.  After a short break in service, the applicant enlisted in the Regular Army for a period of 3 years on 16 April 1970.  He was honorably separated on 2 March 1971 for the purpose of reenlistment and reenlisted for a period of 6 years on 3 March 1971.

12.  The applicant's records show that he served in Korea from 11 October 1970 to 9 September 1971.  He was subsequently reassigned to Fort Bragg, North Carolina, where he remained until he was honorably discharged on 2 March 1977.  

13.  Item 26 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214, dated 2 March 1977, shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, the Combat Medical Badge, the Armed Forces Expeditionary Medal, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Good Conduct Medal (3rd Award).  Item 26, does not show award of the Purple Heart.

14.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, 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, and the medical treatment must have been made a matter of official record.  This regulation further states that there is no time limit on submission of requests for award of the Purple Heart.

15.  Review of the applicant's records indicates entitlement to additional awards that are not shown on his DD Form 214.

16.  Headquarters, 5th Combat Support Hospital, Fort Bragg, North Carolina, memorandum, dated 12 January 1976, shows the applicant was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) on 25 March 1976.




17.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 2nd Battalion, 60th Infantry, was awarded the Presidential Unit Citation during the period 7 March 1968 to 22 June 1968, based on Department of the Army General Orders Number 60, dated 1969, and the Republic of Vietnam Civil Actions Honor Medal-First Class Unit Citation during the period 19 December 1966 to 28 June 1969, based on Department of the Army General Orders Number 59, dated 1969.

18.  Army Regulation 600-8-22 (Military Awards) states that the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The area of eligibility and period of eligibility are as follows: the area of eligibility encompasses all land area of the Republic of Korea, and the contiguous water out to 12 nautical miles, all air spaces above the land, and water area.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.  Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to correction of his records to show award of the Purple Heart. 

2.  Evidence of record shows that the applicant sustained fragment wounds to his head, left arm, and left leg, as a result of hostile action in the Republic of Vietnam on 10 December 1967, that he was treated by military medical personnel, and that his treatment was made a matter of official record.  Therefore, there is sufficient evidence to show that he is entitled to award of the Purple Heart and correction of his records to show this award.

3.  Evidence of record shows that the applicant was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).  Therefore, he is entitled to correction of his records to show this award.

4.  General Orders awarded the applicant’s unit the Presidential Unit Citation and the Republic of Vietnam Civil Actions Honor Medal-First Class Unit Citation which are not shown on his records.  Therefore, he is entitled to have his records corrected to show these awards.


5.  The applicant's records show that he served a qualifying period of service for award of the Korea Defense Service Medal.  Therefore, he is entitled to correction of his records to show this award.

BOARD VOTE:

___phm__  __jgh___  __ksj___  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 the applicant the Purple Heart for wounds received in action on 10 December 1967, and

	b.  showing award of the Purple Heart, the Expert Marksmanship Qualification Badge with Rifle Bar (M-16), the Presidential Unit Citation, the Republic of Vietnam Civil Actions Honor Medal-First Class Unit Citation, and the Korea Defense Service Medal.



						PHM
      ______________________
                CHAIRPERSON

ABCMR Record of Proceedings (cont)                                         AR20080001212



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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
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