IN THE CASE OF:	   

		BOARD DATE:	     7 December 2010

		DOCKET NUMBER:  AR20100011729 


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 records to include his award of the Purple Heart.

2.  The applicant states, in effect, that:

* the Purple Heart is not listed on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* the Purple Heart needs to be part of his permanent record because he earned it

3.  The applicant provides:

* DD Form 214
* Purple Heart Award Certificate

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 record shows he was inducted into the Army of the United States on 10 May 1966.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  Records show the applicant served in the Republic of Vietnam (RVN) during the period 10 January 1967 through 2 September 1967.  During his Vietnam tour of duty, he was assigned to Company C, 3rd Battalion, 47th Infantry Regiment, 9th Infantry Division.  The highest rank he attained while serving on active duty was specialist four/pay grade E-4.

4.  Records show the applicant was wounded in theater on 16 June 1967 and admitted to the 24th Evacuation Hospital with shrapnel wounds to his left chest to include laceration of his liver and left lung resulting from a hostile booby trap.  Medical note:  "Wound is the result of hostile action."  The applicant was taken off the seriously ill list on 27 June 1967, but his hospital stay at the 24th Evacuation Hospital was continued for an indefinite period.  There are no records showing his hospital discharge date.

5.  Records show the applicant was able to complete his 2-year commitment and was honorably released from active duty on 9 May 1968.  The applicant transferred to the U.S. Army Reserve where he served out his remaining term of service (4 years) and was honorably discharged on 9 May 1972.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded or authorized the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, Army Good Conduct Medal, Bronze Star Medal with "V" Device, Combat Infantryman Badge, and Expert Marksmanship Qualification Badge with Rifle Bar.

7.  A review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

8.  Department of the Army General Orders Number 8, dated 1974, announced award of the RVN 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.

9.  Army Pamphlet 672-3 (Unit Citation and Campaign Credit Register) lists the unit awards and campaign periods for the Vietnam era.  Two designated campaigns coincide with the applicant's periods of service in the RVN, the Vietnam Counteroffensive Phases II and III.

10.  Army Regulation 600-8-22 states a bronze service star is awarded for each campaign listed in appendix B and states that authorized bronze service stars will be worn on the appropriate service medal.  In this case, the applicant was awarded the Vietnam Service Medal.

11.  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 medical personnel, and the medical treatment must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he is entitled to correction of his DD Form 214 to show award of the Purple Heart.  There is sufficient evidence to support this request.

2.  Records show the applicant was medically evacuated for injuries sustained in ground combat while serving in Vietnam.  The applicant provided a copy of his Purple Heart which was presented on the date of his injury (16 June 1967) in Vietnam by the commanding officer.  Therefore, the applicant is entitled to an update of his records to include the Purple Heart.

3.  Records show the applicant was assigned to Company C, 3rd Battalion, 47th Infantry Regiment, 9th Infantry Division, in the RVN for the period 10 January 1967 through 2 September 1967.  During this service, he participated in two campaigns and as a result is entitled to two bronze service stars to be affixed to his previously-awarded Vietnam Service Medal.  Additionally, orders show he is entitled to correction of his records to show the RVN Gallantry Cross with Palm Unit Citation.



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 is 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 injuries received on 16 June 1967,

	b.  deleting the Vietnam Service Medal from his DD Form 214, and 

	c.  adding the following to his DD Form 214:

* Purple Heart
* Vietnam Service Medal with two bronze service stars
* 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)                                         AR20100009823



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ABCMR Record of Proceedings (cont)                                         AR20100011729



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