BOARD DATE:	  3 February 2011

		DOCKET NUMBER:  AR20100017617


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 for wounds received in Vietnam.

2.  The applicant states, in effect, his left arm was injured and his right arm was torn from his body.  He thought he had been awarded the Purple Heart until he recently looked at his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

3.  The applicant provides a copy of his DD Form 214.

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 for 2 years on 24 May 1966.  His DA Form 20 (Enlisted Qualification Record) shows:

* 19660524		US Army Reception Station, Fort Knox, KY
* 19660607		Basic Training, Fort Knox
* 19660803		Field Artillery Advanced Individual Training, Fort Sill, OK
* 19661007		B Battery, 1st Battalion, 27th Artillery (1/27 Arty), Fort Sill, Cannoneer
* 19661130		Service Battery, 1/27 Arty, Fort Sill, Ammo Handler
* 19670322		Unit Permanent Change of Station (PCS) to Vietnam
* 19670912	Patient, Ireland Army Hospital, Fort Knox
* 19680111		Service Battery, 2nd Battalion, 2nd Artillery (2/2 Arty), Fort Sill, Light Vehicle Mechanic
* 19680523		Release from Active Duty

3.  The applicant's DA Form 20 also shows he served in Vietnam from 24 March 1967 to 12 September 1967 as an ammunition handler with Service Battery, 1/27 Arty.  On 10 August 1967, he was performing duties as an ammo handler on a gun crew when a muzzle burst occurred.  He received fragmentation wounds.  This is confirmed by a DA Form 1154 (Casualty Report), dated 11 August 1967.  He entered the medical treatment system and was evacuated through Japan to Fort Knox.

4.  The applicant's DD Form 214 shows he was a specialist four (SP4)/E-4 serving in military occupational specialty 13A (Field Artillery, Basic).  It does not show the Purple Heart as an authorized award.  It does show:

* the [Army] Good Conduct Medal
* the National Defense Service Medal
* the Vietnam Service Medal with bronze service star
* the Republic of Vietnam Campaign Medal with Device (1960)
* the Sharpshooter Marksmanship Qualification Badge with Rifle Bar

5.  The applicant's name appears on the Vietnam Casualty List with a casualty status code of 23, Hostile Wounded In Action: not serious, hospitalized.

6.  Army Regulation 600-8-22 (Military Awards) provides for award of the Purple Heart to individuals wounded or killed as a result of “friendly fire” in the “heat of battle” as long as the “friendly” projectile or agent was released with the full intent of inflicting damage or destroying enemy troops or equipment. 

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows the unit to which the applicant was assigned was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 8 February 1962 to 28 March 1973 by Department of the Army General Order Number 8, dated 1974.  It also shows that the unit was awarded the Meritorious Unit Commendation for the period 11 September 1967 
to 31 July 1968 by Department of the Army General Order Number 17, dated 1969, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 12 April 1967 to 21 January 1970 by Department of the Army General Order Number 51, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests award of the Purple Heart.

2.  The evidence of record shows the applicant was wounded in action by a muzzle burst.  Muzzle bursts occur when a round with a timed fuse explodes immediately upon leaving the muzzle instead of down range.  This type of injury qualifies as a "friendly fire" incident.  He is listed on the Vietnam Casualty List as "Hostile Wounded In Action: not serious, hospitalized." He should be awarded the Purple Heart.

3.  Records show the applicant is also entitled to the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

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


awarding him the Purple Heart for wounds received on 10 August 1967 and correcting his DD Form 214 to show award of:

* Purple Heart
* Meritorious Unit Commendation
* 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)                                         AR20100017617



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ABCMR Record of Proceedings (cont)                                         AR20100017617



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