IN THE CASE OF:	

		BOARD DATE:	  2 February 2010

		DOCKET NUMBER:  AR20090015332 


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 record to show award of the Purple Heart (PH).

2.  The applicant states that he was wounded by stepping on a punji stick while serving in the Republic of Vietnam (RVN).  He also states that he was awarded the PH while being treated for this wound in the hospital.

3.  The applicant provides no documentary evidence 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 military records show that he was inducted into the Army and entered active duty on 23 April 1969.  He was trained in, awarded, and served in military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) confirms that he served in the RVN from 29 September 1969 to 27 September 1970.  Item 38 (Record of Assignments) shows that during his RVN tour he was assigned to Headquarters and Headquarters Company (HHC), 1st Battalion, 50th Infantry Regiment, performing duties in MOS 11B as a scout observer and machine gunner.  Item 40 (Wounds) contains an entry indicating he received a punji stick wound to his right foot on 7 July 1970.

4.  The applicant's record is void of any orders or other documents that indicate he was ever recommended for or awarded the PH.

5.  The applicant's military personnel records jacket contains a Standard Form 89 (Report of Medical History), dated 24 March 1971, which documents his separation physical examination.  Item 39 (Physician's Summary and Elaboration of All Pertinent Data) includes an entry which shows that the applicant sustained a punji stick wound while serving in the RVN.

6.  On 22 April 1971, the applicant was honorably released from active duty in the rank of specialist four.  The DD Form 214 he was issued upon his separation shows that he completed a total of 2 years of active military service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) lists the following awards during his active duty tenure:  National Defense Service Medal, Vietnam Service Medal (VSM) with two bronze service stars, RVN Campaign Medal with Device (1960), Combat Infantryman Badge, Army Commendation Medal, Army Good Conduct Medal, two overseas service bars, and Marksman Marksmanship Qualification Badge with Rifle Bar.

7.  During the processing of this case, a member of the Board staff reviewed the DA Vietnam casualty roster.  This roster contains an entry pertaining to the applicant that confirms he was wounded in action in the RVN on 7 July 1970.

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 2-8 contains the regulatory guidance pertaining to awarding the PH.  It states, in pertinent part, that the PH is awarded to any member who has been wounded or killed in action. 
A wound is defined as an injury to any part of the body from an outside force or agent sustained under conditions defined by this regulation.  In order to support awarding a member the PH, it is necessary to establish that the wound for which the award is being made required treatment by a medical officer.  This treatment must be supported by records of medical treatment for the wound or injury received in action and must have been made a matter of official record.

9.  Paragraph 2-8b(4) of Army Regulation 600-8-22 contains examples of enemy-related injuries which clearly justify award of the PH.  Included in this list of examples is an injury caused by enemy placed mines or traps.

10.  Paragraph 2-13 of Army Regulation 600-8-22 contains guidance on award of the VSM.  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.  Table B-1 contains a list of campaigns and shows that during the applicant's tenure of assignment in the RVN, participation credit was granted for the Vietnam Summer-Fall, Vietnam Winter-Spring 1970, Sanctuary Counteroffensive, and Vietnam Counter Phase VIII campaigns.

11.  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 HHC, 1st Battalion, 50th Infantry Regiment, was awarded the RVN Gallantry Cross with Palm Unit Citation and RVN Civil Actions Honor Medal First Class Unit Citation during the applicant's tenure of assignment in the RVN.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his records should be corrected to show award of the PH for being wounded in the RVN was carefully considered and found to have merit.  The evidence of record confirms the applicant received a punji-stick wound while serving in the RVN on 7 July 1970 as evidence by an entry in item 40 of his DA Form 20, an entry on his separation physical examination, and an entry on the Vietnam casualty roster which is the official DA list of RVN battle casualties.  However, his record is void of any orders or other documents that indicate he was ever recommended for or awarded the PH.  Therefore, it would be appropriate to award the applicant the PH and to add it to his record and DD Form 214 at this time.

2.  The evidence of record further shows that based on his service and campaign participation in the RVN, the applicant is eligible for the RVN Gallantry Cross with Palm Unit Citation, RVN Civil Actions Honor Medal First Class Unit Citation, and four bronze service stars with his VSM instead of two as currently shown on his DD Form 214.  Thus, it would also be appropriate to add these awards to his record and DD Form 214 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 awarding the applicant the PH; by amending item 24 of his DD Form 214 by deleting the current VSM with two bronze service stars; by amending item 24 of his DD Form 214 by adding the PH, RVN Gallantry Cross with Palm Unit Citation, RVN Civil Actions Honor Medal First Class Unit Citation, and VSM with four bronze service stars; and by providing him a correction to his DD Form 214 that includes these changes.



      _____________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)                                         AR20090014715



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ABCMR Record of Proceedings (cont)                                         AR20090015332



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