IN THE CASE OF:	

		BOARD DATE:	  6 April 2010

		DOCKET NUMBER:  AR20090017726 


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

2.  The applicant states there is no record of his being awarded the PH and it is not included on his DD Form 214.

3.  The applicant provides copies of his DD Form 214; a DA Form 8-275-2 (Clinical Record Cover Sheet), dated 18 February 1968; and a DA Form 8-275-3 (Clinical Record Cover Sheet), dated 7 February 1968, 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 record shows he was inducted into the Army of the United States and entered active duty on 27 March 1967.  He was trained in and awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 15 September 1967 through 11 February 1968.  Item 38 (Record of Assignments) shows he was assigned to Company B, 1st Battalion, 14th Infantry Regiment, 4th Infantry Division, performing duties as a rifleman during his RVN tour of duty.

4.  The record contains a Casualty Report, dated 4 February 1968.  This document confirms that while on a search and destroy mission in the RVN on
4 February 1968, the applicant sustained a wound to his neck as the result of hostile sniper fire.  The record also contains a Western Union Telefax, dated
20 February 1968.  This telefax notified the applicant's mother he was slightly wounded in action in the RVN on 4 February 1968, when he sustained a gunshot wound to the neck from sniper fire while on a combat operation.

5.  On 26 March 1969, the applicant was honorably released from active duty, in the rank/grade of specialist four/E-4, after completing 2 years of active military service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued shows he earned the following awards:

   ?  National Defense Service Medal
   ?  Vietnam Service Medal with 1 bronze service star
   ?  Vietnam Campaign Medal with Device (1960)
   ?  Combat Infantryman Badge
   ?  Army Good Conduct Medal
   ?  Sharpshooter Marksmanship Qualification Badge with Rifle (M-14 and
       M-16) Bar
   ?  Expert Marksmanship Qualification Badge with Machine Gun Bar

6.  During the processing of this case, a staff member of the Board reviewed the Department of the Army Vietnam Casualty Roster, the official list of RVN battle casualties.  This search revealed an entry confirming the applicant was wounded in action in the RVN on 4 February 1968.

7.  The applicant provides a DA Form 8-275-3 which shows the applicant was treated for a gunshot wound to his right posterior neck.  It also shows the wounds were received as a result of a hostile forces sniper fire in the RVN on 4 February 1968.  It further shows the PH was awarded by the 2nd Surgical Hospital commander in General Orders Number 35, dated 5 February 1968.

8.  Army Regulation 600-8-22 (Military Awards) provides the Army's awards policy.  Paragraph 2-8 provides guidance on award of the PH.  It states it is authorized for being wounded in action.  To support award of the PH the evidence must show the wound for which the award is being made was received as a result of enemy action; required treatment by military medical personnel; and a record of the medical treatment must have been made a matter of official record.

9.  Paragraph 2-13 of the awards regulation contains guidance on the Vietnam Service Medal.  It states a bronze service star is authorized with the award for each campaign a member is credited with participating in while serving in the RVN.  Table B-1 contains a list of authorized campaigns and shows that during the applicant's tenure of assignment in the RVN, participation credit was granted for the Vietnam Counteroffensive Phase III (1 June 1967 to 29 January 1968) and the TET Counteroffensive (30 January 1968 to 1 April 1968) campaigns.

10.  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 during his tenure of assignment in the RVN, the applicant's unit (1st Battalion, 14th Infantry Regiment) received the RVN Civil Actions Honor Medal First Class Unit Citation for the period 1 August 1967 - 31 October 1969 by Department of the Army General Orders (DAGO) 53, dated 1970. 

11.  DAGO Number 8, dated 1974, authorized the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all personnel assigned to the RVN from 8 February 1962 through 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention his earned PH should be added to his DD Form 214 was carefully considered and found to have merit.

2.  The evidence of record confirms the applicant was wounded in action in the RVN on 4 February 1968, as evidenced by a casualty report, notification telefax in the record, an entry on the Vietnam Casualty Roster, and the DA Form
8-275-3 he provides.  As a result, the PH should be added to item 24 of his DD Form 214.

3.  The evidence of record also shows that based on his RVN service and campaign participation, the applicant is eligible for the RVN Gallantry Cross with Palm Unit Citation, RVN Civil Actions Honor Medal First Class Unit Citation, and 
2 bronze service stars for wear on his already-awarded Vietnam Service Medal.  As a result, it would also be appropriate to add these awards to his record and DD Form 214.

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 his DD Form 214 the Vietnam Service Medal and 
   
   b.  adding to item 24 of his DD Form 214 the following awards:

   ?  Purple Heart
   ?  Vietnam Service Medal with 2 bronze service stars
   ?  Republic of Vietnam Gallantry Cross with Palm Unit Citation
   ?  Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation



      __________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)                                         AR20090017726



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090017726



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1