BOARD DATE:	 March 9, 2010

		DOCKET NUMBER:  AR20090014863 


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

2.  The applicant states, in effect, that he was presented the Purple Heart while he was in a patient status at the 85th Evacuation Hospital after being wounded in action on 29 July 1968 by a land mine in the Republic of Vietnam.  The applicant also states that he did not realize the Purple Heart was not annotated on his DD Form 214 until recently.

3.  The applicant provides a copy of his physical evaluation board proceedings as documentary evidence in support of this request.

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 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 11 July 1966.  He completed basic combat and advanced individual training and was awarded military occupational specialty 12A (Pioneer).  The highest rank he attained while serving on active duty was the rank of specialist four/pay grade E-4.  The applicant was retired due to permanent disability on 18 September 1968.

3.  Headquarters, U.S. Army Training Center and Fort Leonard Wood, Fort Leonard Wood, Missouri, Special Orders Number 243, dated 31 August 1966, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) effective 25 August 1966.

4.  Item 31 (Foreign Service) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he arrived in the Republic of Vietnam on or about 17 December 1966.

5.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows that during his tour of duty in the Republic of Vietnam, he served in Company D of the 65th Engineer Battalion.  Item 38 also shows he was admitted as a patient to the 249th General Hospital located in Japan on 29 July 1967 and was assigned to the Medical Hold Company of Ireland Army Hospital located at Fort Knox, Kentucky, on 20 August 1967.

6.  An electronic casualty message from the office of the Commanding General of U.S. Army Vietnam, dated 29 July 1967, shows the applicant was treated and held at the 85th Evacuation Hospital after he sustained fragmentation wounds to his left forearm and fractured his left leg as a result of fragments from a hostile mine while serving in the Republic of Vietnam.

7.  A Western Union Telefax message, dated 30 July 1967, shows the Adjutant General informed the applicant's parents on behalf of the Secretary of the Army that he was wounded in the Republic of Vietnam on 29 July 1967 as a result of hostile action.  The Adjutant General also informed the applicant's parents that he was treated and held at the 85th Evacuation Hospital and was being held for further treatment.

8.  The applicant's record contains (and he also provides) a Standard Form 502 (Narrative Summary), dated 27 March 1968, and a DA Form 8-118 (Medical Board Proceedings) which show a medical evaluation board conducted at Ireland Army Hospital determined the applicant's medical condition did not meet retention standards according to Army Regulation 40-501 (Standards of Medical Fitness) and referred his case to a physical evaluation board for further evaluation.

9.  The applicant's record contains and he also provides a DA Form 1361 (Recommended Findings of Physical Evaluation Board (Informal Hearing)), dated 14 May 1968, which shows a physical evaluation board was conducted at the Valley Forge General Hospital located in Phoenixville, Pennsylvania.  This board determined the applicant was unfit for military service due to physical disability he incurred from an instrumentality of war as a direct result of armed conflict.

10.  Item 40 (Wounds) of the applicant's DA Form 20 is blank.

11.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows he was awarded or authorized to wear the National Defense Service Medal, the Vietnam Service Medal, and the Republic of Vietnam Campaign Medal.  This form does not show award of the Purple Heart.

12.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded or authorized to wear the Army Good Conduct Medal (1st Award), the National Defense Service Medal, the Vietnam Service Medal, and the Republic of Vietnam Campaign Medal.  This form does not show award of the Purple Heart.

13.  A review of the Vietnam casualty roster shows the applicant sustained a wound as the result of hostile action on 29 July 1967.

14.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal the applicant was awarded the Purple Heart.

15.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a direct 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 military medical personnel, and the medical treatment must have been made a matter of official record.

16.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows unit awards received by units serving in the Republic of Vietnam.  This pamphlet shows the unit the applicant was assigned to while serving in the Republic of Vietnam was cited for award of the Valorous Unit Award for the period 22 April 1967 through 31 July 1967 by Department of the Army General Orders Number 43, dated 1972.

17.  Department of the Army Pamphlet 672-3 shows the unit the applicant was assigned to while serving in the Republic of Vietnam was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period October 1966 through 1 August 1967 by Department of the Army General Orders Number 3, dated 1970.

18.  Department of the Army Pamphlet 672-3 shows the unit the applicant was assigned to while serving in the Republic of Vietnam was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for actions during the period 1 October 1966 through 1 August 1967 by Department of the Army General Orders Number 53, dated 1970.

19.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Service Medal.  This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  Appendix B of this regulation shows the campaigns for Vietnam.  During the applicant's tour of duty in the Republic of Vietnam he participated in the Vietnam Counteroffensive Phase II and 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his record should be corrected to show award of the Purple Heart was carefully considered and determined to have merit.

2.  The evidence clearly shows the applicant sustained wounds as a direct result of hostile action.  Substantiating evidence verifies the wounds required treatment by military medical personnel and the medical treatment was made a matter of official record.  Therefore, the applicant is entitled to award of the Purple Heart and correction of his DD Form 214 to show the Purple Heart.

3.  Special orders awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).  Therefore, he is entitled to have his records corrected to show this badge.

4.  General orders show the applicant's unit was awarded the Valorous Unit Award for actions during his tenure of assignment.  Therefore, he is entitled to have his records corrected to show this unit award.

5.  General orders show the applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for actions during his tenure of assignment.  Therefore, he is entitled to have his records corrected to show this unit award.

6.  General orders show the applicant's unit was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for actions during his tenure of assignment.  Therefore, he is entitled to have his records corrected to show this unit award.

7.  Records show the applicant participated in two campaigns while serving in the Republic of Vietnam.  The applicant's record also shows he was previously awarded the Vietnam Service Medal.  Therefore, he is entitled to two bronze service stars to be affixed to his previously-awarded Vietnam Service Medal and correction of his records to show this addition.

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 the applicant the Purple Heart for wounds received on 29 July 1967 and

	b.  adding the following awards to item 24 of the applicant's DD Form 214:

		(1)  the Purple Heart,

		(2)  the Valorous Unit Award,

		(3)  the Republic of Vietnam Gallantry Cross with Palm Unit Citation,

		(4)  the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation,

		(5)  two bronze service stars to be affixed to his previously-awarded Vietnam Service Medal, and

		(6)  the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).



      _____________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)                                         AR20090014863



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ABCMR Record of Proceedings (cont)                                         AR20090014863



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