IN THE CASE OF:	  

	BOARD DATE:	  30 October 2008

	DOCKET NUMBER:  AR20080012522


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 Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show award of the Purple Heart.

2.  The applicant states that he received a fragment wound to his left ear and was given medical treatment.

3.  The applicant provides copies of his DD Form 214 and medical treatment record.

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 2 November 1965, the applicant was inducted into the Army of the United States for 2 years.  He completed his initial training and was awarded military occupational specialty 11C (Infantry Indirect Fire Crewman).

3.  Special Orders Number 126, 5th Infantry Division and Fort Carson, Fort Carson, Colorado, dated 6 May 1966, awarded the applicant the Marksman Marksmanship Qualification Badge with Pistol Bar.

4.  On 28 May 1966, the applicant was assigned for duty as an assistant mortar gunner with the 1st Squadron, 11th Armored Cavalry Regiment, at Fort George G. Meade, Maryland.

5.  Special Orders Number 91, 11th Armored Cavalry Regiment, Fort George G. Meade, dated 19 July 1966, awarded the applicant the Expert Marksmanship Qualification Badge with Rifle [M-16] Bar.

6.  On 7 September 1966, the applicant deployed with his unit to the Republic of Vietnam.

7.  United States Field Medical Card (DD Form 1380), Troop A, 1st Squadron, 11th Armored Cavalry, dated 24 July 1967, shows that the applicant received a shrapnel wound to his left ear.

8.  Chronological Record of Medical Care (SF Form 600), dated 24 July 1967, indicates that the applicant’s shrapnel wound was cleaned and dressed.  His duty was restricted to the base camp for 2 days.

9.  On 17 August 1967, the applicant returned to the United States.

10.  On 22 August 1967, the applicant was released from active duty and transferred to the United States Army Reserve Control Group (Annual Training).  He had attained the rank of specialist four, pay grade E-4, and had completed 
1 year, 9 months and 21 days of creditable active duty.

11.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as the National Defense Service Medal, Good Conduct Medal, Vietnam Service Medal, Vietnam Campaign Medal and the Combat Infantryman Badge.  It does not show award of the Purple Heart or any marksmanship qualification badges.

12.  There is no available evidence in the applicant’s records or on the Awards and Decorations Computer Assisted Retrieval System showing that he was awarded a Purple Heart.

13. The Vietnam Casualty Roster shows that the applicant was wounded in action on 24 July 1967.

14.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained 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.

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

16.  Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the following two campaign periods:  the Vietnam Counteroffensive, Phase II and the Vietnam Counteroffensive, Phase III.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

17.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that the 11th Armored Cavalry Regiment, during the time of the applicant's assignment, was cited in Department of the Army General Orders Number 60, dated 1969, for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  There are no general orders available that show the applicant was awarded the Purple Heart.  However, the applicant's name is listed on the Vietnam Casualty Roster and there is corroborating evidence of record showing that he was wounded in action on 24 July 1967.  Therefore, the applicant's records should be corrected to show award of the Purple Heart.

2.  Records show that the applicant participated in two campaign periods during his service in the Republic of Vietnam.  Therefore, he is eligible for award of two bronze service stars to be affixed to his Vietnam Service Medal.

3.  The applicant's unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his records should be corrected to show this foreign unit award.

4.  Special Orders show that the applicant was awarded the Expert Marksmanship Qualification Badge with Rifle Bar.  Therefore, his records should be corrected to show this award.

5.  Special Orders show that the applicant was awarded the Marksman Marksmanship Qualification Badge with Pistol Bar.  Therefore, his records should be corrected to show this award.

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 in the Republic of Vietnam on 24 July 1967; and


	b.  showing that, in addition to the awards shown on his DD Form 214, his authorized awards include the Purple Heart, two bronze service stars to be affixed to his already awarded Vietnam Service Medal, Republic of Vietnam 
Gallantry Cross with Palm Unit Citation, Expert Marksmanship Qualification Badge with Rifle Bar, and the Marksmanship Qualification Badge with Pistol 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)                                         AR20070016793



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ABCMR Record of Proceedings (cont)                                         AR20080012522



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