BOARD DATE:	  20 October 2010

		DOCKET NUMBER:  AR20100012626 


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 award of the Purple Heart.

2.  The applicant states he was injured by hostile forces while in the Republic of Vietnam (RVN).

3.  The applicant provides a Clinical Record Cover Sheet in support of this 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.  The applicant enlisted in the Regular Army on 31 July 1968.  He completed initial entry training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  Item 31(Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in the RVN from 28 January 1969 to 27 January 1970.  Item 38 (Record of Assignments) shows he was assigned to 3rd Battalion, 21st Infantry, 196th Infantry Brigade while in the RVN.  Item 40 (Wounds) shows he sustained a fragment wound to his right shoulder on 14 June 1969.

4.  There are no orders or any other evidence in his OPMF that show he was awarded the Purple Heart; however, his name is listed on the RVN Casualty Roster as being wounded as a result of hostile action on 14 June 1969.

5.  On 12 October 1970, he was discharged for the purpose of immediate reenlistment.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the following awards:

* National Defense Service Medal
* Vietnam Service Medal 
* Combat Infantryman Badge
* Vietnam Service Medal (duplicate entry)
* Bronze Star Medal
* two Overseas Service Bars
* Marksman Marksmanship Qualification Badge with Machine Gun Bar 
(M-60)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

6.  On 13 October 1970, he reenlisted for 4 years.  He was discharged on 
27 October 1972.  Item 24 of his DD Form 214 for this period of service shows the National Defense Service Medal, Good Conduct Medal, Expert Marksmanship Qualification Badge with Rifle Bar (M-16), and Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60).

7.  He provided a Clinical Record Cover Sheet, dated 14 June 1969, that shows he was wounded by a rocket-propelled grenade round while in the RVN.

8.  During the processing of this case, a member of the Board's staff reviewed the Awards and Decorations Computer Assisted Retrieval System (ADCARS).  This is a web based index containing general orders issued during the Vietnam Era between 1965 and 1973.  No orders pertaining to the applicant were found in the ADCARS file.

9.  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.

10.  Paragraph 2-13 of Army Regulation 600-8-22 contains guidance on the Vietnam Service Medal and states a bronze service star is authorized with this award for each campaign a member is credited with participating in while in the RVN.  Appendix B of this regulation shows the campaigns for the RVN.  During his tour in the RVN, he participated in four campaigns:

* Vietnam Counteroffensive Phase IV (2 November 1968 - 22 February 1969)
* Tet 69 Counteroffensive, 1969 (23 February - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)
* Vietnam Winter Spring 1970 (1 November 1969 - 30 April 1970)

11.  Paragraph 9-13 of Army Regulation 600-8-22 states the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the RVN.  This pamphlet shows the unit to which the applicant was assigned (3rd Battalion, 21st Infantry) was cited for the Valorous Unit Award for the period 
13 May - 17 June 1969 by Department of the Army General Orders (DAGO) Number 43, dated 1972, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 16 April - 28 August 1969 by DAGO Number 6, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for award of the Purple Heart has been carefully considered.

2.  Item 40 of his DA Form 20 shows he sustained a fragment wound to his right shoulder on 14 June 1969 and his name is listed on the RVN Casualty Roster as being wounded as a result of hostile action.  Therefore, there is sufficient evidence on which to base awarding him the Purple Heart and adding this award to his DD Form 214 for the period ending 12 October 1970.

3.  He was awarded the Vietnam Service Medal.  Additionally, he participated in four campaigns while in the RVN; therefore, he is entitled to four bronze service stars to be affixed to his Vietnam Service Medal and correction of his DD Form 214 to show this fact.

4.  Records show he served in the RVN for 12 months.  Therefore, he is also entitled to the Republic of Vietnam Campaign Medal with Device (1960) and to have this award added to his DD Form 214.

5.  Based on his service with the 3rd Battalion, 21st Infantry while in the RVN, he is also entitled to correction of his DD Form 214 to show the Valorous Unit Award and the Republic of Vietnam 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 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 sustained as a result of hostile action on 14 June 1969; and

	b.  amending item 24 of his DD Form 214 for the period ending 12 October 1970 by deleting the Vietnam Service Medal, to include the duplicate entry, and adding the Purple Heart, Vietnam Service Medal with four bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), Valorous Unit Award, and the 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)                                         AR20100012626



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ABCMR Record of Proceedings (cont)                                         AR20100012626



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