BOARD DATE:	  12 October 2010

		DOCKET NUMBER:  AR20100010458 


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) for the period ending 
4 September 1970 to show award of the Purple Heart.  

2.  The applicant states he received shrapnel wounds while serving in the Republic of Vietnam (RVN).  He was told that the award of the Purple Heart would catch up with him, but his DD Form 214 does not reflect award of the Purple Heart.

3.  The applicant provides a copy of: 

* his DD Form 214 
* his DA Form 20 (Enlisted Qualification Record), last reviewed on
11 December 1968
* a National Personnel Records Center (NPRC) letter, dated 5 February 2010

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 enlisted in the Regular Army on 6 January 1967 for a period of 3 years and he successfully completed basic combat and advanced individual training.  He was awarded military occupational specialty (MOS) 64A (Light Vehicle Driver).

3.  On 5 September 1967, the applicant was honorably discharged for the purpose of immediate reenlistment.  On 6 September 1967, he reenlisted for a period of 3 years.  He arrived in the RVN and he was assigned to the 58th Transportation Company on 13 November 1967.

4.  The applicant departed the RVN on 27 October 1968 en route to the continental United States.  On 12 December 1968 he was assigned to Fort Benning, GA for duty as a military policemen in MOS 95B.  He was awarded MOS 95B as his primary MOS on 28 January 1969.  On 4 September 1970, he was honorably released from active duty.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* Army Good Conduct Medal (1st Award)
* Safety Driver Badge
* Vietnam Service Medal with four bronze service stars
* RVN Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Pistol Bar (.45 Caliber)
* two overseas service bars

6.  There are no general orders in the applicant’s service personnel records that show he was awarded the Purple Heart.  The applicant's name is not listed on the Vietnam Casualty Roster.

7.  Item 40 (Wounds) of the applicant's DA Form 20 shows the entry "Shrapnel in Right arm and side - 15 May 68."

8.  The applicant's service personnel records contain a DD Form 1380 (U.S. Field Medical Card), dated 15 May 1968, that shows he was tagged and treated at the 755th Medical Detachment for minor scratches on the right forearm and right side of neck from shrapnel that occurred on 15 May 1968 while driving a gun truck from Qui Nhon, RVN.  The form further indicated that his injury was a result of enemy action.

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

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), shows that, at the time of the applicant’s assignment to the 58th Transportation Company, it was cited for award of the following:

* Meritorious Unit Commendation for the period 2 September 1967 - 
31 March 1968 by Department of the Army General Orders (DAGO) Number 31, dated 1969
* RVN Gallantry Cross with Gold Star for the period 4 November 1966 - 
   2 November 1968 by DAGO 24, dated 1972

11.  Department of the Army Pamphlet 672-3, paragraph 6d, states that DAGO Number 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.

DISCUSSION AND CONCLUSIONS:

1.  There are no orders in the applicant’s service personnel records which show he was awarded the Purple Heart.  However, the applicant's DA Form 20 and
DD Form 1380 show he was injured from shrapnel to his right arm and side by enemy action on 15 May 1968.  Therefore, the evidence is accepted as sufficient to award him the Purple Heart for wounds sustained during hostile action in the RVN and to correct his DD Form 214 to show this award.

2.  The applicant was assigned to a unit during a period of time the unit was awarded the Meritorious Unit Commendation and the RVN Gallantry Cross with Gold Star.  Therefore, he is entitled to correction of his DD Form 214 to show these foreign unit awards.

3.  Headquarters, U.S. Army Vietnam and all its subordinate units were awarded the RVN Gallantry Cross with Palm Unit Citation during the period 20 July 1965 to 28 March 1973.  Therefore, he is entitled to correction of his DD Form 214 to show this foreign unit award.

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.  awarding him the Purple Heart for wounds received as a result of enemy action on 15 May 1968; and

	b.  adding to item 24 of his DD Form 214 the:
   
* Purple Heart
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Gold Star
* 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)                                         AR20100010458



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ABCMR Record of Proceedings (cont)                                         AR20100010458



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