IN THE CASE OF:	  

		BOARD DATE:	       19 May 2009

		DOCKET NUMBER:  AR20090003016 


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 that his award of the Purple Heart be added to his DD Form 214 (Report of Transfer or Discharge).

2.  The applicant states, in effect, that he received the Purple Heart while hospitalized at Camp Zama, Japan for wounds sustained when he tripped a claymore while carrying a wounded Soldier. 

3.  The applicant provides a copy of his DA Form 20 (Enlisted Qualification 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.  The applicant was inducted into the Army of the United States and entered active duty on 2 April 1968.  He completed training and was awarded military occupational specialty (MOS) 91A (Medical Corpsman) and  later MOS 91B (Medical Specialist).

3.  The applicant was honorably released from active duty on 25 March 1970 and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists his awards as the National Defense Service Medal, Vietnam Service Medal, and the Good Conduct Medal.

4.  The applicant's DA Form 20 provides the following pertinent information: 

	a.  block 31 (Foreign Service) shows his service in Vietnam from 7 September 1968 through 13 April 1969 and service in Japan from 14 April 1969 through
25 March 1970;

	b.  block 38 (Record of Assignments) shows his assignment to Headquarters and Headquarters Troop, 211th Cavalry Regiment, 4th Infantry Division, as a medical specialist, from 22 September 1968 through 2 November 1968; Medical Holding Company, U.S. Army Hospital, Camp Zama, Japan, as a patient, from
3 November 1968 through 14 April 1969; and U.S. Army Hospital, Camp Zama, Japan, as a medical corpsman, from 15 April 1969 through 24 March 1970;

	c.  block 40 (Wounds) shows, in effect, the applicant received multiple fragment wounds to the left chest on 3 November 1968; and 

	d.  block 41 (Awards and Decorations) shows award of the National Defense Service Medal, Vietnam Service Medal, 1 Overseas Service Bar, Good Conduct Medal, and the Expert Marksmanship Qualification Badge with Rifle Bar. 

5.  The available records do not contain any record of the treatment for wounds noted on the DA Form 20, except the notations on the applicant's Standard Form (SF) 88 (Report of Medical Examination) and SF 93 (Report of Medical History).  These forms note that the applicant had received multiple fragment wounds to his right and left anterior chest.

6.  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 the Purple Heart pertaining to the applicant.
7.  A review of the Vietnam Casualty Listing failed to locate any reference to the applicant.

8.  Headquarters, 1st Basic Combat Training Brigade, Special Orders Number 113, dated 24 May 1968, awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant was assigned to Headquarters and Headquarters Troop, 211th Cavalry Regiment, 4th Infantry Division during the period of time that the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.

10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that:

	a.  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 by medical personnel, and the medical treatment must have been made a matter of official record; 

	b.  the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.  Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Republic of Vietnam Campaign Medal; and

	c.  a bronze service star, based on qualifying service, for each designated campaign period listed in Appendix B of the regulation and states that authorized bronze 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 served during two campaign periods:  the Counteroffensive Phase V (1 July 1968 –
1 November 1968) and the Counteroffensive Phase VI (2 November 1968 - 22 February 1969).
11.  Army Regulation 600-200 (Enlisted Personnel Management System), chapter 9 of the version in effect at the time, stated, in pertinent part, that a brief description of wounds or injuries (including injury from gas) requiring medical treatment received through hostile or enemy action, including those requiring hospitalization would be entered in item 40 (wounds) of the DA Form 20.  This regulation further stated that the date the wound or injury occurred would also be placed in item 40.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states that his award of the Purple Heart is not listed on his DD Form 214. 

2.  The applicant's DA Form 20 shows he was wounded in action on 3 November 1968, evacuated to the military hospital at Camp Zama, Japan, for medical treatment, and remained a patient there for a period of time.

3.  Although no record of the general orders awarding the applicant the Purple Heart have been located, the preponderance of evidence shows that the applicant was wounded in action and is entitled to award of the Purple Heart for those wounds.  Therefore, his records should be corrected to show this award.

4.  The applicant was awarded the Expert Marksmanship Qualification Badge with Rifle Bar on 24 May 1968.  Therefore, his records should be corrected to show this award.

5.  The applicant is qualified for award of the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, his records should be corrected to show this award.

6.  The applicant participated during two campaign periods while serving in the Republic of Vietnam.  Therefore, he his records should be corrected to show the Vietnam Service Medal with two bronze service stars.

7.  The applicant is authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his records should be corrected to show this unit 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.  deleting from item 24 of the applicant's DD Form 214 the Vietnam Service Medal; and
   
   b.  adding to item 24 of the applicant's DD Form 214 the Purple Heart, Vietnam Service Medal with two bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Expert Marksmanship Qualification Badge with Rifle 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)                                         AR20090003016



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ABCMR Record of Proceedings (cont)                                         AR20090003016



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