IN THE CASE OF:	  

		BOARD DATE:	  20 January 2011

		DOCKET NUMBER:  AR20100018588 


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 to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 26 November 1969, to show award of the Purple Heart.

2.  The applicant states that at the time of his discharge, the Purple Heart was on his DD Form 214.

3.  The applicant provides a copy of page 4 of 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.  His records show he enlisted in the Regular Army on 12 April 1961 for a 
3-year term.  He completed training and was awarded military occupational specialty 11F (Infantry Operations and Intelligence Specialist).  The highest rank/grade he attained while serving on active duty was staff sergeant/E-6.

3.  He was discharged on 26 November 1966 for immediate reenlistment.  His DD Form 214 shows, in part, he was awarded the National Defense Service Medal and the Drill Sergeant [Identification] Badge.

4.  Records show he served in the Republic of Vietnam from 28 April 1967 to 27 April 1968 with Headquarters and Headquarters Company and Company E, 3rd Battalion, 47th Infantry, 9th Infantry Division.

5.  On 26 November 1969, he was honorably discharged under the provisions of Army Regulation 635-200 (Enlisted Separations) upon the expiration of his term of service.  His DD Form 214 shows he was credited with 8 years, 7 months, and 15 days of total active service, including 1 year of foreign service.  It also shows he was awarded the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Combat Infantryman Badge, and the "Expert (M-16 Rifle)" and "Expert (M-14 Rifle)."

6.  Item 40 (Wounds) of his DA Form 20 shows he received fragmentation wounds to his right arm on 21 October 1967.  His records are otherwise void of any orders awarding him the Purple Heart.

7.  A 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 U.S. Army Human Resources Command, failed to reveal any orders for the Purple Heart.

8.  On 6 October 2009, a DD Form 215 (Correction to DD Form 214) was prepared that deleted from his last DD Form 214 the Vietnam Service Medal, and the "Expert (M-16 Rifle)" and "Expert (M-14 Rifle)" and added the Vietnam Service Medal with 4 bronze service stars, the Presidential Unit Citation, the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Expert Marksmanship Qualification Badge with Automatic Rifle and Rifle Bars.

9.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained 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, and the medical treatment must have been made a matter of official record.

10.  Army Regulation 600-200 (Enlisted Personnel Management), 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 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his records should be corrected to show award of the Purple Heart was carefully considered and determined to have merit.  Item 40 of his DA Form 20 contains an entry identifying a wound he received through hostile or enemy action in the Republic of Vietnam on 21 October 1967.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  His DD Form 214 for the period ending 26 November 1966 shows he was awarded the National Defense Service Medal and the Drill Sergeant Identification Badge.  Therefore, he is entitled to correction of his last DD Form 214 to show these awards.

3.  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 the evidence presented is 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 further amending item 24 of his DD Form 214 for the period ending 26 November 1969 to add the Purple Heart, National Defense Service Medal, and Drill Sergeant Identification Badge.



      ____________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)                                         AR20090006494



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ABCMR Record of Proceedings (cont)                                         AR20100018588



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