IN THE CASE OF:	  

		BOARD DATE:	  20 October 2010

		DOCKET NUMBER:  AR20100012256 


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 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 his DD Form 214 does not show he received the Purple Heart for wounds incurred in the Republic of Vietnam.

3.  The applicant provides the following documentary evidence in support of his application:

	a.  DD Form 214 with a separation date of 5 April 1971;

	b.  Purple Heart certificate showing he was wounded in action on 13 August 1970; and

	c.  a Department of Veterans Affairs (VA) Rating Decision, dated 20 January 2005.

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 was inducted into the Army of the United States on 3 April 1969.  He completed his initial entry training and he was awarded military occupational specialty 11B (Light Weapons Infantryman).  The highest rank/grade he attained was specialist four (SP4)/E-4.

3.  The applicant served in the Republic of Vietnam from 3 September 1969 to 2 September 1970.  He was assigned to Company C, 1st Battalion, 11th Infantry, 5th Infantry Division. 

4.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he received fragment wounds to both of his feet and his right leg on 10 August 1970.

5.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 does not show he was awarded the Purple Heart.

6.  The applicant was honorably released from active duty on 5 April 1971 by reason of expiration of term of service.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining statutory military service obligation.  The DD Form 214 he was issued confirms he competed 2 years of total active Federal service with 1 year of foreign service.

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show award of the Purple Heart.  It shows he received the following awards:

* Vietnam Service Medal with 3 bronze service stars
* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge 
* Bronze Star Medal
* Army Commendation Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

8.  The Vietnam Casualty Roster shows the applicant was wounded in battle on 10 August 1970 while serving in the Republic of Vietnam as an infantryman.

9.  In support of his application, the applicant's VA Rating Decision shows he receives service connected compensation for shrapnel wounds to his left foot, right foot, and right leg incurred in the Vietnam Era.  He also provided a Purple Heart certificate showing he was wounded in action on 13 August 1970.  However, he did not submit general orders with his certificate. 

10.  References:

	a.  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.

   b.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  This pamphlet shows that while the 
applicant was assigned to the 1st Battalion, 5th Infantry, his unit was awarded the following awards:

		(1)  Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 September 1968 to 30 September 1970, by Department of the Army General Order (DAGO) 5, dated 1973; and

		(2)  Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1966 to 21 January 1970, by DAGO 9, dated 1979 that amended DAGO Number 51, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  While the applicant's Purple Heart certificate shows he was wounded in action on 13 August 1970, the Vietnam Casualty Roster and the applicant's DA Form 20 show the date he was wounded as 10 August 1970.  Therefore, he is entitled to award of the Purple Heart for wounds received in action on 10 August 1970.  In addition, he is entitled to a correction of his DD Form 214 to show this award.

2.  During the applicant's assignment to his unit in Vietnam it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class unit citation.  Therefore, he is entitled to correction of his DD Form 214 to show these two unit awards.

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 as follows:

	a.  by awarding him the Purple Heart for wounds incurred on 10 August 1970 and

	b.  adding to his DD Form 214 the following awards:

* Purple Heart
* Republic of Vietnam Gallantry Cross with Palm Unit Citation 
* Republic of Vietnam Civil Actions Honor Medal First Class 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)                                         AR20100012256



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ABCMR Record of Proceedings (cont)                                         AR20100012256



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