IN THE CASE OF:	  

		BOARD DATE:	  21 September 2010

		DOCKET NUMBER:  AR20100010269 


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, in effect, his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show he was awarded the Purple Heart.

2.  The applicant states he was awarded the Purple Heart and it is not on his DD Form 214.

3.  The applicant provides a copy of his Purple Heart citation, dated 21 February 1968, 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.  Records show he was inducted into the Army of the United States on 
22 June 1967 and he was trained in and held military occupational specialty 11B (Light Weapons Infantryman).

3.  His records also show he served in the Republic of Vietnam (RVN) from on or about 22 November 1967 to on or about 21 November 1968.  He was assigned to the following units:

* Company C, 1st Battalion, 12th Infantry, 4th Infantry Division
* 25th Engineer Detachment
* 599th Engineer Detachment
* 82d Engineer Detachment

4.  He was honorably released from active duty in the rank/grade of sergeant (SGT)/E-5 on 27 May 1971 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 RVN Campaign Medal, National Defense Service Medal, Vietnam Service Medal, Combat Infantryman Badge, two overseas bars, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), Marksmen Marksmanship Qualification Badge with Rifle Bar (M-16), and the Army Good Conduct Medal.

6.  His name is shown on the Vietnam Casualty Roster.

7.  The records contain a casualty report, dated 19 February 1968, and a Western Union Telegram, dated 22 February 1968, which show he was slightly wounded in RVN on 11 February 1968 as the result of hostile action.  He received mortar fragment wounds to both hands while on a combat assault mission.

8.  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.

9.  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 U.S. Army Human Resources Command, failed to reveal any Purple Heart orders pertaining to the applicant.

10.  He provided a copy of his Purple Heart citation, dated 21 February 1968.  The citation reads "For wounds received in action in the Republic of Vietnam on 11 February 1968."

11.  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.

12.  Army Regulation 600-8-22 states a bronze service star, based on qualifying service for each campaign listed in Appendix B of this regulation, will be worn on the appropriate service medal.  A silver service star is authorized in lieu of five bronze service stars.  Appendix B shows that during his service in Vietnam, the applicant participated in the following campaigns:

* Vietnam Counteroffensive, Phase III (1 June 1697 to 29 May 1968)
* Tet Counteroffensive, (30 January 1968 to 1 April 1968)
* Vietnam Counteroffensive, Phase IV ( 2 April 1968 to 30 June 1968)
* Vietnam Counteroffensive, Phase V (1 July 1968 to 1 November 1968)
* Vietnam Counteroffensive, Phase VI ( 2 November 1968 to 22 February 1969)

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows:

   a.  Department of the Army General Orders (DAGO) 3, dated 1970, announced award of the RVN Gallantry Cross with Palm Unit Citation to the 1st Battalion, 12th Infantry, during the period 1 October 1966 to 28 July 1969;
   
   b.  DAGO 53, dated 1970, announced the RVN Civil Actions Honor Medal First Class Unit Citation to the 1st Battalion, 12th Infantry, during the period         1 October 1966 to 31 October 1969; and



   c.  DAGO 43, dated 1970, announced the Valorous Unit Award to Company C, 1st Battalion, 12th Infantry, 4th Infantry Division, for the period 4 February 1968 to 10 February 1968.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he was awarded the Purple Heart.

2.  The evidence of record contains a casualty report and a Western Union Telegram which confirm he was injured in hostile action while serving in the RVN. His name appears on the Vietnam Casualty Roster and his injury is further confirmed by a copy of a Purple Heart citation provided by the applicant.  Therefore, he is entitled correction of his DD Form 214 to show this award.

3.  General orders awarded the RVN Gallantry Cross with Palm Unit Citation, RVN Civil Actions Honor First Class Unit Citation, and the Valorous Unit Award to the units he served with during his tour.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

4.  The evidence of record shows he participated in five campaign phases during his tour in the RVN.  Therefore, he is entitled to one silver service star for wear on his previously-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 adding to item 24 of his DD Form:

* Purple Heart
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* One silver service star to be affixed to his previously-awarded Vietnam Service Medal




      _______ _   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)                                         AR20100010269





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ABCMR Record of Proceedings (cont)                                         AR20100010269



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