IN THE CASE OF:	  

		BOARD DATE:	  7 December 2010

		DOCKET NUMBER:  AR20100015031 


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 and correction of his 
DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show it. 

2.  The applicant states he was wounded by shrapnel to his left arm in Vietnam and he was treated for this injury on 13 March 1971.  Additionally, there is a note on his medical records of a scar to his left forearm.  

3.  The applicant provides documents through counsel.

COUNSEL'S REQUEST, STATEMENT, AND EVIDENCE:

1.  Counsel requests the applicant be awarded the Purple Heart. 

2.  Counsel states upon reviewing the applicant's records, she noticed the Purple Heart is missing.  She found clear evidence that he had been wounded in Vietnam on 2 March 1971, on the very same day he arrived in Vietnam.  His medical records, dated 13 March 1971, clearly show he had suffered a shrapnel/fragment wound 11 days earlier at the 90th Replacement Station and that he returned on 13 March 1971 to have his stitches removed.  This established his wound as 2 March 1971.  Additionally, his separation physical examination at Fort Dix, NJ, on 5 April 1977 noted a scar on his left arm corresponding to the location of his wound.


3.  Counsel provides the following documents:

* Page 1 of his 4-page DA Form 20 (Enlisted Qualification Record)
* DD Form 214
* Chronological Record of Medical Care
* Report of Medical Examination

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 enlisted in the Regular Army (RA) on 17 June 1969 and was trained in and held military occupational specialty 36K (Wireman).  He was honorably discharged on 22 December 1970 and executed a 6-year reenlistment in the RA on 23 December 1970.  

3.  His records show he served in Vietnam from on or about 2 March 1971 to on or about 26 January 1972.  He was assigned as follows:

* 596th Signal Company from on or about 8 March to 3 November 1971
* 337th Signal Company, 63rd Signal battalion from on or about 4 November to 26 January 1971

4.  He was honorably discharged on 15 April 1977.  He completed 7 years, 9 months, and 29 days of creditable active service.

5.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal, Good Conduct Medal (2nd Award), Parachutist Badge, Vietnam Service Medal, Vietnam Campaign Medal, one Overseas Service Bar, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16). 

6.  His records do not contain general orders which authorized him award of the Purple Heart.

7.  His name is shown on the Vietnam casualty roster as having been wounded as a result of hostile action.  The date of his wound is listed as 5 March 1971.

8.  His official medical records are not available for review with this case; however, he submitted the following documents:

	a.  Chronological record of medical care, dated on various dates in 1971 that shows an entry was made on 13 March 1971 that listed a "frag wound to left arm, 11 days ago, while at the 90th Replacement Station; received numerous stitches, cleaned wound and dress." 

	b.  Report of Medical Examination, dated 15 April 1977, noting a scar on his left arm. 

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against and 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.  The applicant's records indicate he is entitled to additional awards and decorations that are not shown on his DD Form 214.

11.  Headquarters, Department of the Army, General Orders Number 8, dated 1974, awarded the United States Army Vietnam and its subordinate units the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period 20 July 1965 to 28 March 1973.

12.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows during his service in Vietnam (from on or about 2 March 1971 to on or about 26 January 1972), he participated in the Vietnam Counteroffensive, Phase VII (1 July 1970 to 30 June 1971), Consolidation I (1 July to 30 November 1971), and Consolidation II (1 December 1971 to 29 March 1972) campaigns.  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 medical documents he submitted show he sustained a combat injury on or about 5 March 1971 in Vietnam.  This injury is further confirmed with his name being listed on the Vietnam casualty roster as having been wounded in action on this date.  Therefore, he is entitled to award of the Purple Heart and correction of his records to show it. 

2.  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. 

3.  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.

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 in action on 5 March 1971 in Vietnam; and 






	b.  adding to item 24 of his DD Form 214 the Purple Heart, 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)                                         AR20100015031



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ABCMR Record of Proceedings (cont)                                         AR20100015031



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