IN THE CASE OF:	  

		BOARD DATE:	  5 August 2010

		DOCKET NUMBER:  AR20100008119 


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 the date on his Purple Heart certificate from 3 January 1966 to 3 January 1967 and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart.  

2.  The applicant states he was not on active duty on 3 January 1966 and he was wounded on 26 December 1966.  He contends it was probably a typographical error.  

3.  The applicant provides a copy of his Purple Heart certificate and a 
self-authored statement 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 was inducted into the Army of the United States on 16 February 1966.  

3.  The applicant served in Vietnam from 22 December 1966 to 3 December 1967 with Company E, 3rd Battalion, 7th Infantry, 199th Brigade.

4.  Item 40 (Wounds) on his DA Form 20 (Enlisted Qualification Record) shows he sustained a gunshot wound to his neck on 3 January 1967.  His name is not listed on the Vietnam Casualty Roster.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS) failed to reveal any orders for the Purple Heart pertaining to the applicant.  

5.  The applicant was issued an award certificate for the Purple Heart which shows the date of issuance as 3 January 1966.  The certificate does not reflect the date the applicant was wounded.  

6.  The applicant’s DA Form 20 shows he was awarded the Combat Infantryman Badge on 6 January 1967.

7.  The applicant was released from active duty on 4 December 1967.  His DD Form 214 shows he was issued the following awards:

* National Defense Service Medal
* Republic of Vietnam Campaign Medal
* Vietnam Service Medal
* Combat Infantryman Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

8.  The applicant provided a self-authored statement in support of his claim and stated the following:

* He was drafted into the U.S. Army on 16 February 1966 and attended basic training and advanced individual training at Fort Jackson, SC
* He attended training at Fort Benning, GA for 5 months
* His unit was sent to South Vietnam on 25 December 1966 and on that night his unit came under enemy fire
* He was wounded by gunshot on the neck and received a Purple Heart on 3 January 1967 for wounds received in action in Vietnam
* His Purple Heart certificate has a clerical error

9.  The applicant was issued a DD Form 215 (Correction to DD Form 214), dated 20 June 2009 which added the Army Commendation Medal, the Army Good Conduct Medal, the Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Gallantry Cross Unit Citation with Palm Device, and the Republic of Vietnam Civil Actions Honor Medal Unit Citation to his DD Form 214.

10.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained while in action against an enemy or 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.

11.  Army Regulation 600-200, chapter 9 of the version in effect at the time, stated, in pertinent part, that a brief description of wounds or injuries (including injury from gas) requiring medical treatment received through hostile or enemy action, including those requiring hospitalization would be entered in item 40 (wounds) of the DA Form 20.  This regulation further stated that the date the wound or injury occurred would also be placed in item 40.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s award certificate for the Purple Heart is dated 3 January 1966.  This certificate does not indicate the date he was wounded.  However, the evidence of record shows he did not enter active duty until 16 February 1966.  

2.  The applicant’s DA Form 20 indicates he was wounded on 3 January 1967 and was awarded a Combat Infantryman Badge on 7 January 1967, a period in which he was engaged in active ground combat in Vietnam.  

3.  Although the applicant contends he was wounded on 26 December 1966, his service record does not contain sufficient evidence which confirms he was wounded on this date.  However, it would be appropriate to amend his Purple Heart certificate to reflect the date as 3 January 1967 to coincide with the date he was wounded as shown on his DA Form 20.

4.  The applicant’s Purple Heart certificate and the entry on his DA Form 20 are accepted as sufficient evidence on which to amend his DD Form 214 to show award of the Purple Heart.  



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.  amending his Purple Heart certificate to show the date “3 January 1967” and 

	b.  amending his DD Form 214 to show award of the Purple Heart.



      _______ _   _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)                                         AR20100008119





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ABCMR Record of Proceedings (cont)                                         AR20100008119



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