IN THE CASE OF:	  

		BOARD DATE:	  20 October 2010

		DOCKET NUMBER:  AR20100010331 


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

2.  He states, in effect, he was awarded the Purple Heart for sustaining wounds as the result of hostile action while serving in the Republic of Vietnam.  He desires to have this correction made for both himself and his family.

3.  He provides no evidence in support of his request.

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.  His record shows he was inducted into Army of the United States on 8 December 1965 and held military occupational specialty 11D (Armor Intelligence Specialist).  The highest rank/pay grade he attained while serving on active duty was specialist four/E-4.  However, at the time of his separation he held the rank/pay grade of private first class/E-3.  On 9 August 1968, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training).

3.  His DA Form 20 (Enlisted Qualification Record) contains the following pertinent information:

	a.  Item 31 (Foreign Service) shows he served a tour of duty in the Republic of Vietnam during the period 15 September 1966 through 12 September 1967.

	b.  Item 38 (Record of Assignments) shows that during his tour of duty in the Republic of Vietnam he served in Headquarters and Headquarters Company, 3rd Battalion, 12th Infantry Regiment, 4th Infantry Division from 15 September 1966 through 27 December 1966.  He also served in Company C, 3rd Battalion, 12th Infantry Regiment, 4th Infantry Division from 28 December 1966 to 10 September 1967.

	c.  Item 40 (Wounds) is blank.

	d.  Item 41 (Awards and Decorations) does not show award of the Purple Heart.

4.  Special Orders Number 30 issued by Headquarters 4th Infantry Division on 1 February 1966 show he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar [M-14], effective 27 January 1966.

5.  The Vietnam Casualty Roster shows he sustained a wound as the result of hostile fire on 28 October 1966.  The roster also shows he was hospitalized to receive treatment for his wound.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded or authorized to wear:

* the National Defense Service Medal
* the Combat Infantryman Badge
* the Vietnam Service Medal
* the Vietnam Campaign Medal [correctly known as the Republic of Vietnam Campaign Medal with Device (1960)]
* the Good Conduct Medal

7.  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.

8.  Army Regulation 600-8-22 provides for award of the Vietnam Service Medal.  Appendix B shows the campaigns for Vietnam.  During his tour in Vietnam he participated in two campaigns:  Vietnam Counteroffensive Phase II and Vietnam Counteroffensive Phase III.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

9.  Department of the Army General Orders (DAGO) awarded the following awards to his unit for achievements during his period of assignment:  

* the Presidential Unit Citation, DAGO 69, dated 1969
* the Republic of Vietnam Gallantry Cross with Palm Unit Citation, DAGO 3, dated 1970
* the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, DAGO 53, dated 1970

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show award of the Purple Heart was carefully considered and determined to have merit.

2.  The evidence clearly shows he sustained a wound as the result of hostile fire on 28 October 1966 while serving in the Republic of Vietnam and that he was hospitalized to receive treatment for his wound.  Therefore, he is entitled to correction of his record to show receipt of this award.

3.  Special orders awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar [M-14].  Therefore, he is entitled to correction of his record to show receipt of this marksmanship badge.

4.  General Orders awarded his unit the Presidential Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during a period of time the applicant was assigned to the unit.  Therefore, he is entitled to have his records corrected to show these unit awards.

5.  His records show he was awarded the Vietnam Service Medal.  The evidence shows he participated in two campaigns during his service in the Republic of Vietnam.  Therefore, he is eligible for the wear of two bronze service stars to be affixed to his 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 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.  awarding him the Purple Heart for sustaining a wound as the result of hostile fire on 28 October 1966 while serving in the Republic of Vietnam;

	b.  deleting the following awards from item 24 of his DD Form 214:

		(1)  the Vietnam Service Medal and

		(2)  the Vietnam Campaign Medal; and

	c.  adding the following awards to item 24 of his DD Form 214:

		(1)  the Purple Heart,

		(2)  the Presidential Unit Citation,

		(3)  the Republic of Vietnam Gallantry Cross with Palm Unit Citation,

		(4)  the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation,

		(5)  the Vietnam Service Medal with two bronze service stars,

		(6)  the Republic of Vietnam Campaign Medal with Device (1960), and

		(7)  the Marksman Marksmanship Qualification Badge with Rifle Bar 
[M-14].



      __________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)                                         AR20100010331





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ABCMR Record of Proceedings (cont)                                         AR20100010331



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