IN THE CASE OF:	  

		BOARD DATE:	  27 January 2011

		DOCKET NUMBER:  AR20100018389 


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.  He states he never received the Purple Heart, orders for the Purple Heart, or an explanation for not being issued the award.  

3.  He provides:

* A DA Form 8-275-3 (Clinical Record Cover Sheet)
* Two DA Forms 8-274 (Medical Condition - Physical Profile Record)

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

Counsel provides no requests, statements, or additional evidence. 

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 military records show he was inducted into the Army of the United States on 28 June 1966 for 2 years.  He completed training and he was awarded military occupational specialty 76A, Supplyman.  He served in Vietnam from 16 December 1966 through 15 December 1967 during two campaigns.  He was assigned to Company B, 1st Battalion, 16th Infantry, 1st Infantry Division.  

3.  He provided a DA Form 8-275-3 which shows he sustained a wound fragment to his left hand (index finger) and was treated at the 36th Evacuation Hospital on 5 March 1967.  The form also shows he was injured when hit by machine gun fire in Vietnam on 28 February 1967 and the injury was determined to be in the line of duty.  He was assigned a temporary profile for 3 weeks.  The form also states he was recommended for the Purple Heart.

4.  He also provided two DA Forms 8-274, dated 19 May 1967, which show he was found medically qualified for full duty on 2 May 1967 after undergoing a traumatic amputation of his left index finger.  He was assigned a permanent profile.  

5.  His DA Form 20 (Enlisted Qualification Record), Item 40 (Wounds), contains the entry "gunshot wound to left hand on 28 February 1967."  Item 41 (Awards and Decorations) of his DA Form 20 does not list the Purple Heart.  There are no orders in his military personnel records awarding him the Purple Heart.

6.  He was honorably released from active duty on 27 June 1968 at the expiration of his term of service, and he was transferred to the U.S. Army Reserve Control Group (Reinforcement).

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was awarded the National Defense Service Medal, Combat Infantryman Badge, Republic of Vietnam Campaign Medal with device (1960), Vietnam Service Medal, sharpshooter Marksmanship Qualification Badge with Rifle Bar, and two overseas service bars..

8.  His record shows he received ratings of "excellent" in conduct and efficiency throughout his period of military service.  

9.  The Vietnam casualty roster shows he was wounded on 28 February 1967 with casualty status code "23."  This code indicates he was "hostile wounded in action, hospitalized."

10.  Review of the Awards and Decorations Computer-Assisted Retrieval System, 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 orders for the Purple Heart pertaining to the applicant.

11.  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.

12.  Army Regulation 600-8-22 also states the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  

13.  Army Regulation 600-8-22 also states a bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in. 

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant’s unit, 1st Battalion, 16th Infantry, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation from 12 July 1965 to 16 October 1968, based on Department of the Army General Orders Number 21, dated 1969; and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation from October 1965 to 7 April 1970, based on Department of the Army General Orders Number 53, dated 1970.

DISCUSSION AND CONCLUSIONS:

1.  There are no general orders that show the applicant was awarded the Purple Heart.  However, the evidence of record and the Vietnam casualty roster show he was wounded as a result of hostile action in Vietnam on 28 February 1967, the injury was determined to be in the line of duty, and he received treatment and the treatment was made a matter of official record.  Despite the lack of general orders awarding him the Purple Heart, the evidence shows he is qualified for award of the Purple Heart.  Therefore, he is entitled to award of the Purple Heart and correction of his DD Form 214 to show this award.

2.  While in the Army, he attained pay grade E-3, served and was wounded in action in Vietnam, and received "excellent" conduct and efficiency ratings throughout his period of service.  He is therefore entitled to award of the Army Good Conduct Medal (1st Award) for the period 28 June 1966 through 27 June 1968 and to have it added to his DD Form 214.

3.  The evidence of record also confirms he participated in two campaigns while serving in Vietnam.  Therefore, he is entitled to award of two bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

4.  General orders awarded his units the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, it would also be appropriate to correct his DD Form 214 to show these unit awards.

5.  In view of the foregoing, his records should be corrected as recommended below.

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 as a result of hostile action in the Republic of Vietnam on 28 February 1967; 

   b.  awarding him the Army Good Conduct Medal (1st Award) for his honorable period of service from 28 June 1966 through 27 June 1968;
	c.  adding to Item 24 of his DD Form 214 the Purple Heart, Army Good Conduct Medal (1st Award), two bronze service stars to be affixed to his already-awarded Vietnam Service Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; and 

   d.  providing him a document to show the above corrections. 
   



      __________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)                                         AR20100018389



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ABCMR Record of Proceedings (cont)                                         AR20100018389



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