IN THE CASE OF:	  

		BOARD DATE:	  9 September 2010

		DOCKET NUMBER:  AR20100009850 


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.

2.  The applicant states he was wounded in combat on 23 March 1967 when he was shot in the left shoulder along with receiving mortar fragments.  He was treated at a field hospital for 2 days as a result of this injury.  However, there was a mistake in the reporting between him and another wounded Soldier.

3.  The applicant provides the following documents:

* a letter from the National Personnel Records Center
* a newspaper article
* a Standard Form (SF) 502 (Clinical Record - Narrative Summary)
* a Veterans Administration (VA) Treatment Record
* a VA Form 07-3101 (Request for Information) 
* the reverse side of an SF 88 (Report of Medical Examination)
* a VA Form 21-528 (VA Application for Compensation)
* a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) 

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 records show he was inducted into the Army of the United States on 19 October 1965 and he was trained in and held military occupational specialty 31M (Radio Relay and Carrier Attendant).

3.  His records also show he served in the Republic of Vietnam from on or about 16 May 1966 to on or about 26 April 1967.  He was assigned to Company B, 53rd Signal Battalion.

4.  He was honorably released from active duty in the rank/grade of specialist four (SP4)/E-4 on 18 October 1967 and he was transferred to the U.S. Army Reserve (USAR) Control Group to complete his remaining Reserve obligation.

5.  Item 24 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Republic of Vietnam Campaign Medal with Device (1960), Sharpshooter Marksmanship Qualification Badge with Rifle Bar, National Defense Service Medal, and the Vietnam Service Medal.

6. Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency rating throughout his service.  There is no evidence of any disciplinary actions or a commander's disqualification for award of the Army Good Conduct Medal.

7.  Item 40 (Wounds) of his DA Form 20 is blank.

8.  His name is shown on the Vietnam Casualty Roster under casualty status code "23" indicating he was "hostile wounded in action - not serious - hospitalized."  The date of his injury is listed as 23 March 1967.

9.  His records do not contain general orders which authorized him award of the Purple Heart.  Additionally, his medical records are not available for review with this case.

10.  During the processing of this case, a member of the Board staff reviewed the Awards and Decorations Computer Assisted Retrieval System (ADCARS) maintained by the Military Awards Branch of the U.S Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973.  This review failed to reveal any Purple Heart orders pertaining to the applicant.

11.  The applicant provided the back page of an SF 88 showing the entry "Fragment wound left shoulder while in Vietnam, no trouble now" and the following documents:

	a.  An undated newspaper article stating he was wounded in action by shrapnel to the left shoulder and arm on 23 March 1967 in Vietnam.  He was airlifted to the 93rd Evacuation Hospital for treatment.

	b.  An SF 502, dated 25 March 1967, that shows he received a fragment wound to the left shoulder on 23 March 1967 and he received treatment for this wound.

	c.  A VA medical document wherein he describes a gunshot wound to his left shoulder in Vietnam.

12.  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.

13.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.

14.  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 three campaigns:

* Vietnam Counteroffensive (25 December 1965 to 30 June 1966)
* Vietnam Counteroffensive, Phase II (1 July 1966 to 31 May 1967)

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) states that Department of the Army General Orders (DAGO) 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

16.  Department of the Army Pamphlet 672-3 shows that during his assignment to the 53rd Signal Battalion, his unit was cited for award of the Meritorious Unit Commendation for the period from 1 July 1966 to 30 June 1967 by DAGO 1, dated 1969.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he should be awarded the Purple Heart.

2.  The evidence of record shows he sustained shrapnel wounds to his left shoulder on 23 March 1967 in Vietnam and he appears to have been evacuated to a field hospital subsequent to this injury.  His injury is further confirmed with his name being listed on the Vietnam Casualty Roster.  Therefore, he is entitled to award of the Purple Heart for wounds sustained on 23 March 1967 and correction of his DD Form 214 to show this award.

3.  The applicant served a qualifying period of service and he received "excellent" conduct and efficiency ratings throughout his service with no disciplinary actions or a commander's disqualification.  Therefore, he is entitled to award of the Army Good Conduct Medal (First Award) and correction of his DD Form 214 to show this award.

4.  General orders awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.  Therefore, the applicant is entitled to correction of his DD Form 214 to show this unit award.

5.  General orders awarded the Meritorious Unit Commendation to the applicant's unit during his period of assignment.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

6.  The evidence of record shows he participated in two campaign phases during his tour in Vietnam.  Therefore, he is entitled to two bronze service stars for wear on his already-awarded Vietnam Service Medal.

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 wounds received in action on 23 March 1967 in Vietnam;

	c.  awarding him the Army Good Conduct Medal (First Award) for the period 19 October 1965 through 18 October 1967; and

	d.  adding to item 24 of his DD Form 214 the Purple Heart, Army Good Conduct Medal (First Award), Vietnam Service Medal with two bronze service stars, Meritorious Unit Commendation, and the Republic of Vietnam 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)                                         AR20100009850



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)