IN THE CASE OF:	 

		BOARD DATE:	  20 April 2010

		DOCKET NUMBER:  AR20090019288 


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 his award of the Purple Heart.

2.  The applicant states his award of the Purple Heart was omitted from his DD Form 214.

3.  The applicant provides the following:

* a copy of his Purple Heart Certificate
* a copy of a newspaper article
* a Standard Form (SF) Form 502 (Clinical Report/Narrative Summary) 
* an SF 600 (Chronological Record of Medical Care)
* an SF 519A (Radiographic Report)
* a copy of his DD Form 214

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 8 December 1964.  He was trained in and awarded military occupational specialty (MOS) 55B (Ammunition Storage Specialist).

3.  The applicant's DD Form 214 shows he was honorably released from active duty on 29 October 1967 after completing 2 years, 10 months, and 22 days of active military service.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the following awards:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam (RVN) Campaign Medal with Device (1960)
* Good Conduct Medal 
* Overseas Service Bar

5.  Item 5 (Oversea Service) of the applicant's DA Form 2-1 (Personnel Qualification Record) is blank and item 9 (Awards, Decorations, and Campaigns) does not include the Purple Heart in the awards listed.  His record is void of orders or any other documents showing he was awarded the Purple Heart by proper authority.

6.  The applicant's medical records contain copies of an SF 502, SF 600, and
SF 519A.  These forms indicate the following:

   a.  The SF 502, dated 27 April 1967, shows the entry "FW IRHA" [fragmentation wound - injury as a result of hostile action" in (R) [right] arm,
(R) chest wall, and (L) [left] knee.  This document is signed by the attending physician from the 93rd Evacuation Hospital.

   b.  The SF 600, dated 12 August 1967, shows the applicant complained of continuous aching in (L) knee.  Received shrapnel in (L) knee 3 months ago….  This form is signed by the attending physician.

   c.  The SF 519A, dated 12 August 1967, shows the entry "pain in (L) knee – had shrapnel fragments in joint from mortar attack 3 months ago.

7.  The applicant's name appears on the Vietnam Casualty Roster.  He was reported as a casualty on 17 April 1967 under casualty status code 23, which indicates he was "hostile wounded in action, not serious, hospitalized."

8.  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.

9.  Army Regulation 600-8-22 (Military Awards) states 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.

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

11.  The applicant’s DD Form 214 shows that he was awarded the Vietnam Service Medal, but it does not show that he was awarded any bronze service stars to signify campaign participation credit.  Paragraph 2-13 of Army Regulation 600-8-22 
contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Table B-1 contains a list of Vietnam campaigns.  Although his specific dates of service in the RVN are not available, evidence shows that at a minimum he participated in the Vietnam Counteroffensive, Phase II (1 July 1966 - 31 May 1967) and the Vietnam Counteroffensive, Phase III (1 June 1967 - 
29 January 1968) campaigns.

12.  Department of the Army General Orders 8, 1974, announced award of the RVN Gallantry Cross Unit Citation with Palm for service in the RVN to Headquarters, United States Army Vietnam (USARV) and its subordinate units during the period 20 July 1965 to 28 March 1973.





DISCUSSION AND CONCLUSIONS:

1.  The applicant's request that his record be corrected by awarding him the Purple Heart was carefully considered and is supported by the evidence of record.

2.  Evidence shows the applicant suffered a mortar wound to the left knee on 
17 April 1967 as a result of hostile action that was treated by the appropriate medical personnel.  His name also appears on the Vietnam Casualty Roster that confirms he was wounded in action on 17 April 1967.  Therefore, he is entitled to award of the Purple Heart and correction of his records to show this award.

3.  Evidence shows the applicant participated in two campaign phases during his service in the RVN.  Therefore, he is entitled to two bronze service stars for wear on his already-awarded Vietnam Service Medal.

4.  General orders awarded the RVN Gallantry Cross with Palm Unit Citation to Headquarters, USARV and its subordinate units during his assignment in the RVN.  Therefore, he is entitled to correction of his records 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 his DD Form 214 the Vietnam Service Medal,

   b.  awarding him the Purple Heart for injuries received as a result of hostile action on 17 April 1967, and

   c.  adding to item 24 of his DD Form 214 the Purple Heart, Vietnam Service Medal with two bronze service stars, and the RVN Gallantry Cross with Palm 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)                                         AR20090019288



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ABCMR Record of Proceedings (cont)                                         AR20090019288



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