IN THE CASE OF:	  

		BOARD DATE:	 11 January 2011 

		DOCKET NUMBER:  AR20100016976 


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 award of the Purple Heart.

2.  The applicant states he was awarded the Purple Heart for burn and shrapnel wounds.

3.  The applicant provides copies of his DD Form 214 and Department of Veterans Affairs (VA) rating decision.

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.  On 17 March 1969, the applicant enlisted in the Regular Army.  He completed his initial training and was awarded military occupational specialty 11H (Infantry Direct Fire Crewman).

3.  Special Orders Number 135, Fort Gordon, Georgia, dated 27 June 1969, awarded the applicant the Second Class Gunner [Marksman] Marksmanship Qualification Badge with Recoilless Rifle [90 millimeter] Bar.

4.  Special Orders Number 140, Fort Gordon, Georgia, dated 7 July 1969, awarded the applicant the Expert Marksmanship Qualification Badge with Recoilless Rifle [106 millimeter] Bar.

5.  On 8 August 1969, the applicant departed Fort Gordon, Georgia, for duty in the Republic of Vietnam.

6.  On 8 September 1969, the applicant was assigned as a student with the 23rd Administration Company.

7.  On 19 September 1969, the applicant was reassigned for duty as a rifleman with D Company, 1st Battalion, 6th Infantry Regiment, 198th Infantry Brigade.

8.  Special Orders Number 322, Headquarters, Americal Division, dated 
18 November 1969, awarded the applicant the Combat Infantryman Badge.

9.  DA Form 20 (Enlisted Qualification Record) records in Item 40 (Wounds) that he had received powder burns to both of his arms on 3 February 1970.

10.  The Vietnam Casualty Roster shows that the applicant was hospitalized on 
5 February 1970 for wounds received in action.

11.  On 2 September 1970, the applicant returned to the United States.  He was subsequently sent to Europe for duty as a personnel carrier driver with the 87th Infantry Regiment.

12.  On 18 January 1972, the applicant was released from active duty and transferred to the U. S. Army Reserve Control Group (Reinforcement).  He had attained the rank of specialist four, pay grade E-4, and had completed 2 years, 
10 months, and 2 days of creditable active duty service.

13.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as the National Defense Service Medal, Good Conduct Medal, Army Commendation Medal, Vietnam Service Medal, [Republic of] Vietnam Campaign Medal [with 1960 Device], Marksman Marksmanship Qualification Badge with Rifle (M-16) Bar, and the Expert Marksmanship Qualification Badge with Pistol Bar.

14.  Army Regulation 600-8-22 provides for award of the Purple Heart to a member of the Armed Force or any civilian national of the United States who, while serving in any capacity with one of the U.S. Armed Services after 5 April 1917, has been wounded or killed, or who has died or may die after being wounded in any action against an enemy of the U.S.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

15.  Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the following four campaign periods: the Vietnam Summer-Fall 1969; Vietnam Winter-Spring; DA Sanctuary Counteroffensive; and the Vietnam counteroffensive, Phase VII.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

16.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that the 23rd Administration Company, during the time of the applicant's assignment, was cited in Department of the Army General Orders (DAGO) Number 32, dated in 1973, for award of the Meritorious Unit Award; and in DAGO Number 42, dated in 1972, for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

DISCUSSION AND CONCLUSIONS:

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

2.  There are no general orders available that show the applicant was awarded the Purple Heart.  However, the applicant's name is listed on the Vietnam Casualty Roster and his DA Form 20 indicates he was wounded in action on 
3 February 1970.  Therefore, the applicant's records should be corrected to show award of the Purple Heart.



3.  Special orders awarded the applicant the Combat Infantryman Badge, and the recoilless rifle bar for both the 90 millimeter [sharpshooter] and the 106 millimeter [expert], qualification badges.  Therefore, his records should be corrected to show these awards.

4.  Records show that the applicant participated in four campaign periods during his service in the Republic of Vietnam.  Therefore, he is eligible for award of four bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

5.  The applicant's unit was cited in general orders for award of the Meritorious Unit Commendation.  Therefore, his records should be corrected to show this unit award.

6.  The applicant's unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his records should be corrected to show this foreign 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.  awarding him the Purple Heart for wounds received in action on 
3 February 1970;

	b.  deleting from his DD Form 214 the "Vietnam Service Medal", "Rifle Marksman M16", and the Expert 45 Pistol"; and




	c.  showing that, in addition to the awards shown on his DD Form 214, his authorized awards include the Purple Heart, Meritorious Unit Commendation, Vietnam Service Medal with four bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Combat Infantryman Badge, Expert Marksmanship Qualification Badge with Recoilless [106 millimeter] Rifle and Pistol Bars, Sharpshooter Marksmanship Qualification Badge with Recoilless
[90 millimeter] Rifle Bar, and the Marksman Marksmanship Qualification Badge with Rifle Bar.
  




      _______ _   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)                                         AR20100016976





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ABCMR Record of Proceedings (cont)                                         AR20100016976



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