IN THE CASE OF:	  

		BOARD DATE:	  14 December 2010

		DOCKET NUMBER:  AR20100015252 


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 wounded during a mortar attack on 19 January 1968.

3.  The applicant provides copies of:

* his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 13 March 1969
* a Standard Form 600 (Chronological Record of Medical Care)
* a Standard Form 519A (Radiographic Report)

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 14 March 1967.  He completed basic combat training and advanced individual training and was awarded the military occupational specialty of 11B (Light Weapons Infantryman).

3.  The applicant was assigned to the 2nd Battalion, 14th Infantry from 26 August 1967 to 2 July 1968 in the Republic of Vietnam.

4.  A Standard Form 600 documents treatment of the applicant for a 3/4 inch fragment wound on his left flank towards his back on 19 January 1968.

5.  A Standard Form 519A reports the applicant had a small metal fragment in his left lateral chest wall below his axilla (upper arm/arm pit).

6.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) shows that he received a fragment wound to his back on 19 January 1968.

7.  Headquarters, 25th Infantry Division General Orders Number 4849, date 
4 July 1968, awarded the applicant the Army Commendation Medal for meritorious service in connection with military operations against a hostile force from August 1967 to August 1968.

8.  On 13 March 1969, the applicant was released from active duty.  He had completed 2 years of active service that was characterized as honorable.  
Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 does not show he was awarded the Purple Heart.  Item 24 does show he is authorized the Vietnam Service Medal with two bronze service stars.

9.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS) an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command failed to reveal any orders awarding the applicant the Purple Heart.

10.  Based on the applicant's dates of service in Vietnam, Table B-1 of Army Regulation 600-8-22 (Military Awards) shows he served in the:

* Vietnam Counteroffensive, Phase III Campaign (1 June 1967 - 29 January 1968) 
* Tet Counteroffensive Campaign (30 January 1968 - 1 April 1968)
* Vietnam Counteroffensive, Phase IV Campaign (2 April 1968 - 30 June 1968) 
* Vietnam Counteroffensive, Phase V Campaign (1 July 1968 - 1 November 1968) 

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems awarded during the Vietnam Conflict.  This pamphlet shows that, during the time of the applicant’s assignment to the 2nd Battalion, 14th Infantry the unit received the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation - April 1966 - August 1968
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation - 20 April 1966 to 21 January 1970

12.  Army Regulation 600-200 (Enlisted Personnel Management System), chapter 9 of the version in effect at the time, stated that a brief description of wounds or injuries (including injury from gas) requiring medical treatment that were received through hostile or enemy action, including those requiring hospitalization would be entered in item 40 (wounds) of the DA Form 20.  This regulation further stated that the date the wound or injury occurred would also be placed in item 40.

13.  Army Regulation 600-8-22 authorizes award of a bronze service star based on qualifying service for each campaign listed in Appendix B of this regulation.  The regulation states that authorized bronze service stars will be worn on the appropriate campaign and service medal, which in this case is the Vietnam Service Medal.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he should be awarded the Purple Heart for wounds he received on 19 January 1968 in the Republic of Vietnam.

2.  The applicant's DA Form 20 shows that he received a fragment wound to his back on 19 January 1968.  The DA Form 20 is a record of the applicant's history in the Army and an entry for wounds received would not be made on this document without orders or a casualty report.  The Standard Forms 519A and 600 document treatment he received for this wound.  Therefore, there is sufficient evidence to award the applicant the Purple Heart.

3.  Orders show the applicant was awarded the Army Commendation Medal.  Therefore, it is appropriate to include this award on his DD Form 214.

4.  Based on his service with the 2nd Battalion, 14th Infantry, the applicant is authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

5.  The applicant's military personnel records show he participated in four campaigns during his service in Vietnam.  Therefore, he is entitled to four bronze service stars to be worn on 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 on 19 January 1968 in the Republic of Vietnam; and


	b.  amending item 24 of his DD Form 214 to show he was awarded or is authorized the:

* Purple Heart
* Army Commendation Medal
* Vietnam Service Medal with four bronze service stars
* 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)                                         AR20100015252



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ABCMR Record of Proceedings (cont)                                         AR20100015252



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