IN THE CASE OF:	  

		BOARD DATE:	  13 July 2010

		DOCKET NUMBER:  AR20100006936 


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).


COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  The applicant requests award of the Purple Heart.

2.  The applicant states he sustained fragment wounds to his left arm, both legs, and the chest on 11 January 1970.

3.  The applicant provides copies of a Western Union telefax, dated 16 January 1970, informing his parents that he was slightly wounded in the left arm, both legs, and the chest on 11 January 1970; and page 4 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 on 19 February 1969.  He completed basic combat and advanced individual training and he was awarded military occupational specialty 11B (light weapons infantryman).  He was also awarded the Expert Marksmanship Qualification Badge with Machinegun Bar.

3.  He arrived in Vietnam on 25 July 1969 and after training at the Americal Division Combat Center he was assigned to C Company, 3rd Battalion,
1st Infantry, 11th Infantry Brigade on 3 Aug 1969.

4.  Headquarters U.S. Army Vietnam message, date-time-group 121910Z January 1970, reported that on 11 January 1970 the applicant was wounded by an enemy booby trap.  He sustained fragment wounds to his left arm, both legs, and the chest.

5.  The applicant returned to the continental United States on 15 July 1970 and he was honorably released from active duty on 18 February 1971 and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.

6.  Block 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) lists his awards as the National Defense Service Medal. Army Commendation Medal with 1st Oak Leaf Cluster, Vietnam Service Medal, Combat Infantryman Badge, Republic of Vietnam Campaign Medal with Device (1960), Expert Marksmanship Qualification Badge with Rifle Bar, two Overseas Bars, and the Army Good Conduct Medal.

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

8.  Army Regulation 600-8-22, paragraph 2-13, 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.  Appendix B shows that during his service in Vietnam, the applicant participated in the following four campaigns:

* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)


* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)
* Sanctuary Counteroffensive (1 May - 30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  It shows the unit to which the applicant was assigned was awarded the:

* Valorous Unit Award for the period 11-31 August 1969 by Department of the Army General Order (DAGO) 43, dated 1970
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the periods 24-31 August 1969 and 31 March-30 June 1970 by DAGO 42, dated 1972.

10.  DA Pamphlet 672-3, paragraph 6 (Miscellaneous Information) states that not more than one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation may be worn by any individual.  Although wear of multiple awards of this unit citation badge is not authorized, official military personnel and historical records will indicate all awards received.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states he sustained fragment wounds to his left arm, both legs, and the chest on 11 January 1970.

2.  Evidence of record show the applicant was wounded by fragments to the left arm, both legs, and the chest on 11 January 1970.  Therefore, he should be awarded the Purple Heart for wounds received in action in the Republic of Vietnam on 11 January 1970 and correction of his DD Form 214 to show this award.

3.  Record shows the applicant was awarded the Vietnam Service Medal.  He also participated in four campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of four bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show the bronze service stars.

4.  The applicant's unit was awarded the Valorous Unit Award and two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be corrected to show these foreign unit awards.

5.  He was also awarded the Expert Marksmanship Qualification Badge with Machinegun Bar while in advanced individual training.  Therefore, his DD Form 214 should be corrected to show this marksmanship badge.

6.  In view of the foregoing, it would be appropriate to correct the applicant's
DD Form 214 as recommended below.

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 block 24 of his DD Form 214 the Vietnam Service Medal;

	b.  awarding him the Purple Heart for wounds received in action in Vietnam on 11 January 1970; 

	c.  adding to block 24 of his DD Form 214 the Purple Heart, Vietnam Service Medal with four bronze service stars, Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation (two awards), and the Expert Marksmanship Qualification Badge with Machinegun 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)                                         AR20100006936



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ABCMR Record of Proceedings (cont)                                         AR20100006936



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