IN THE CASE OF:	  

		BOARD DATE:	  30 November 2010

		DOCKET NUMBER:  AR20100014934 


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 two awards of the Purple Heart.

2.  The applicant states he was wounded on 1 May and 21 August 1970 in Vietnam.  He was awarded a Purple Heart for his 1 May 1970 wound by the U.S. Naval Hospital in St. Albans, NY.  When he reviewed his service records, he noticed his file still contained a completed but unsigned USARV Form 157-R (Recommendation for Decoration for Valor or Merit) and a DD Form 1380 (U.S. Field Medical Card).

3.  The applicant provides:

* DD Form 214
* Naval Hospital awards of the Purple Heart
* General Orders Number 13772
* USARV Form 157-R
* DD Form 1380

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 records show he was inducted on 1 October 1969 and held military occupational specialty 11B (Light Weapons Infantryman).  He served in Vietnam from 16 March 1970 to 24 September 1970.  He was assigned to Company A, 3rd Battalion, 21st Infantry, 196th Infantry Brigade. 

3.  He was honorably released from active duty on 4 September 1971 the rank/grade of specialist four/E-4 and he was transferred to the U.S. Army Reserve Control Group to complete his remaining service obligation.  

4.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal, Vietnam Service Medal, Purple Heart, Combat Infantryman Badge, Vietnam Campaign Medal, Expert Marksmanship Qualification Badge with Rifle Bar, one overseas service bar, and Good Conduct Medal.

5.  Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) shows he suffered a fragment wound to his back on 21 August 1970 and a shrapnel wound to his left arm on 1 May 1970.

6.  Item 31 (Awards and Decorations) of his DA Form 20 shows two awards of the Purple Heart

7.  His records contain the following documents:  

	a.  Unsigned USARV Form 157-R and an accompanying DD Form 1380 that show he was recommended for the Purple Heart for wounds received in action to his left arm on 1 May 1970.  

	b.  Two letters, dated 15 and 31 October 1970, issued by the Naval Hospital, St. Albans, NY, awarding him two awards of the Purple Heart for wounds received in action on 21 August 1970 and 1 May 1970 respectively, in the area of Tam Ky in the Republic of Vietnam.

	c.  General Orders Number 13772, issued by Headquarters, Americal Division, on 13 October 1970, awarding him the Purple Heart for wounds received in action on 21 August 1970 in the Republic of Vietnam.

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

9.  Headquarters, U.S. Army School/Training Center, Fort McClellan, AL, Special Orders Number 30, dated 12 February 1970, awarded him the Sharpshooter Marksmanship Qualification Badge with Pistol Bar (.45 caliber) and the Expert Marksmanship Qualification Badge with Machinegun Bar (M-60).

10.  Department of the Army General Orders Number 42, dated 1972, awarded the 3rd Battalion, 21st Infantry, the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 31 March to 30 June 1970.

11.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that he participated in the Vietnam Winter-Spring 1970 (1 November 1969 to 30 April 1970), DA Sanctuary Counteroffensive (1 May to 30 June 1970), and Vietnam Counteroffensive, Phase VII (1 July 1970 to 30 June 1971) campaigns during his tour of duty in the Republic of Vietnam.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show the two awards of the Purple Heart

2.  The applicant was clearly wounded on 1 May 1970 as evidenced by the entry on his DA Form 20, the field medical card, and a letter indicating award of the Purple Heart by the Naval Hospital in St. Albans.  It appears his unit of assignment inadvertently failed to process his award of the Purple Heart.  Therefore, he is entitled to the issuance of an order and a certificate awarding him the Purple Heart. 

3.  General orders awarded him the Purple Heart for wounds received in action in the Republic of Vietnam on 21 August 1970 which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.

4.  General orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not shown on his records; therefore, he is entitled to correction of his records to show this unit award.
5.  The evidence of record shows he was awarded the Vietnam Service Medal.  Additionally, records show he participated in three campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to three bronze service stars to be affixed to his Vietnam Service Medal.

6.  Special orders awarded him the Sharpshooter Marksmanship Qualification Badge with Pistol Bar (.45 caliber) and the Expert Marksmanship Qualification Badge with Machinegun Bar (M-60) which are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these badges.

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 the DD Form 214 of the individual concerned be corrected by:

	a.  awarding the applicant the Purple Heart for wounds received in action on 1 May 1970 in the Republic of Vietnam; 

	b.  deleting the Purple Heart from his DD Form 214; and

	c.  adding to his DD Form 214 the Purple Heart (1st Oak Leaf Cluster), Sharpshooter Marksmanship Qualification Badge with Pistol Bar (.45 caliber), Expert Marksmanship Qualification Badge with Machinegun Bar (M-60), Republic of Vietnam Gallantry Cross with Palm Unit Citation, and three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.


      _______ _   __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)                                         AR20100014934





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ABCMR Record of Proceedings (cont)                                         AR20100014934



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