IN THE CASE OF:	  

		BOARD DATE:	  14 September 2010

		DOCKET NUMBER:  AR20100010108 


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 that his award of the Purple Heart be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states that he received the Purple Heart for wounds received in Vietnam and it was not entered on his DD Form 214.

3.  The applicant provides copies of medical treatment records of which the originals are contained in his official records.

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.  He was inducted into the Army of the United States in Brooklyn, New York, on 26 October 1966.  He completed his basic training at Fort Jackson, South Carolina, and his advanced individual training as a light weapons infantryman at Fort Gordon, Georgia, before being transferred to Vietnam on 26 June 1967.  He was assigned to Company C, 2nd Battalion, 1st Infantry Regiment, 196th Light Infantry Brigade.

3.  He was awarded the Combat Infantryman Badge on 29 July 1967.

4.  On 6 January 1968, he was treated for multiple fragment wounds received on 5 January 1968 to his left hand and buttocks.  He subsequently had the third, fourth, and fifth digits of his left hand amputated and sutures removed from his buttocks.

5.  He departed Vietnam on 23 June 1968 and was transferred to Fort Benning, Georgia, where he remained until he was honorably released from active duty on 26 November 1968 due to the expiration of his term of service.  He had served 2 years of total active service and his DD Form 214 issued at the time of his separation shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal with two bronze service stars, the Combat Infantryman Badge, and the Vietnam Campaign Medal.

6.  A review of the available records failed to show the applicant was ever awarded the Purple Heart for his wounds of 5 January 1968.  Additionally, his name is not contained on the Vietnam casualty listing.

7.  A search of the U.S. Army Human Resources Command Awards and Decorations Computer-Assisted Retrieval System, a web-based index containing roughly 611,000 general orders issued between 1965 and 1973 for the Vietnam era, failed to reveal an order awarding the applicant the Purple Heart.

8.  Army Regulation 600-8-22 (Military Awards) provides 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 a medical officer, and the medical treatment must have been made a matter of official record.

9.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register-Vietnam Era) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  Table 1 (Army Units in Numerical Order) of the pamphlet indicates the applicant's unit was subsequently awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he was assigned to the unit.

DISCUSSION AND CONCLUSIONS:

1.  Although there are no orders in the available records to show the applicant was awarded the Purple Heart, the available evidence does show that he was treated for multiple fragment wounds to his hand and buttocks received on 5 January 1968 which resulted in the amputation of his fingertips.

2.  Additionally, the applicant claims that he was awarded the Purple Heart and given the available evidence, it is reasonable to presume that such was the case.  In any event, the applicant should be given the benefit of the doubt and his award of the Purple Heart should be added to his records at this time.

3.  Additionally, his records should be corrected to show his awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ___X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  Notwithstanding the staff DISCUSSION AND CONCLUSIONS above, the Board determined that there was insufficient evidence of record, and the applicant provided insufficient evidence, to show that he was awarded the Purple Heart (such as orders) or that his wounds resulted from hostile fire.  The applicant did not say his injuries were the result of hostile fire.  

2.  However, the Board determined that the evidence presented was sufficient to warrant partial relief in that the other correction recommended by the staff should be approved.  The Board therefore recommends that all Department of the Army records of the individual concerned be corrected by adding the Republic of Vietnam Gallantry Cross with Palm Unit Citation to his DD Form 214.

3.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to adding the Purple Heart to his DD Form 214.



      ___________XXX__________
                 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)                                         AR20100010108



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ABCMR Record of Proceedings (cont)                                         AR20100010108



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