IN THE CASE OF:	  

		BOARD DATE:	  16 December 2010

		DOCKET NUMBER:  AR20100015627 


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 the award of the Purple Heart.

2.  The applicant states he was wounded in Vietnam by enemy mortar on 6 January 1968 but it was never recorded on his DD Form 214.

3.  The applicant provides the following:

* a self-authored statement
* a letter from the National Personnel Records Center
* eleven Department of the Army orders
* his DD Form 214
* his DA Form 20 (Enlisted Qualification Record)

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 into the Army of the United States on 12 April 1967.  He completed basic combat and advanced individual training and he was awarded military occupational specialty 11B (Light Weapons Infantryman).  

3.  His records show he served in the Republic of Vietnam (RVN) from 5 October 1967 to 22 September 1968 while assigned to Company C, 2nd Battalion,
1st Infantry, 196th Infantry Brigade.

4.  His records contain Special Orders Number 303, issued by Headquarters,196th Light Infantry Brigade, dated 5 November 1967, awarding him the Combat Infantryman Badge effective 29 October 1967.

5.  He was honorably released from active duty on 11 April 1969 in the rank/grade of sergeant (SGT)/E-5 and he was transferred to the U.S. Army Reserve (USAR) Control Group to complete his remaining Reserve obligation.  He completed 2 years of total active service.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal, Vietnam Service Medal, RVN Campaign Medal with Device (1960), Army Commendation Medal, Army Good Conduct Medal, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

7.  Item 29 (Qualification in Arms) of his DA Form 20 shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) on
22 May 1967, Marksman Marksmanship Qualification Badge with Rifle Bar
(M-16) on 7 July 1967, and the 1st Class Gunner [Sharpshooter] Marksmanship Qualification Badge with Machinegun Bar (M-60) on 12 July 1967. 

8.  Item 40 (Wounds) of his DA Form 20 shows the entry "fragment wound to the right hip, 6 January 1968."  His records do not contain official orders for the award of the Purple Heart and his name is not shown on the Vietnam casualty roster.


9.  The applicant's medical records are not available for review with this case.

10.  In a self-authored statement, the applicant stated he was wounded in action in Vietnam on 6 January 1968 and he received multiple wounds to his right hip from an enemy mortar round.  He was [medically] evacuated and spent 2 to 3 weeks in a field hospital.  He received the Purple Heart medal but it was never documented in any of his records.

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

12.  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.

13.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It states that awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 will be entered on the DD Form 214.  Each entry will be verified by the Soldier’s records.

14.  A review of the applicant's records indicates his entitlement to additional awards which are not shown on his DD Form 214.

15.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, the applicant participated in the following four campaigns:

* Vietnam Counteroffensive, Phase III (1 June 1967 - 29 January 1968)
* TET Counteroffensive (30 January 1968 - 1 April 1968)


* Vietnam Counteroffensive, Phase IV (2 April 1968 - 30 June 1968)
* Vietnam Counteroffensive, Phase V (1 July 1968 - 1 November 1968)

16.  Department of the Army Pamphlet 672-3, paragraph 6d, states that Department of the Army General Orders Number 8, dated 1974, announced award of the RVN Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 - 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows he sustained a fragment wound to his right hip in the RVN.  The regulation in effect at the time specified for item 40 of a Soldier's DA Form 20 enter a brief description of wounds or injuries received through hostile or enemy action and requiring medical treatment and/or hospitalization.  The applicant's contention that he was wounded on 6 January 1968 by a mortar round is consistent with the entry on his DA Form 20.  Therefore, he is entitled to correction of his DD Form 214 to show the Purple Heart.

2.  Special orders awarded him the Combat Infantryman Badge which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his
DD Form 214 to show this award.

3.  His record shows he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) and the 1st Class Gunner [Sharpshooter] 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 qualification badges.

4.  His record confirms he participated in four campaigns phases while serving in Vietnam.  Therefore, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

5.  General orders awarded all units the RVN Gallantry Cross with Palm Unit Citation while he was assigned to Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.


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.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal; and

   b.  adding to item 24 of his DD Form 214 the Purple Heart, Vietnam Service Medal with four bronze service stars, Combat Infantryman Badge, RVN Gallantry Cross with Palm Unit Citation, Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), and the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar (M-60).



      __________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)                                         AR20100015627



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ABCMR Record of Proceedings (cont)                                         AR20100015627



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