BOARD DATE:	  17 February 2011

		DOCKET NUMBER:  AR20100019127 


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 his award of the Purple Heart be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states the Purple Heart he received is not listed on his DD Form 214.

3.  The applicant provides a copy of his DD Form 214, a copy of his Purple Heart Citation for wounds received on 25 June 1971, and a copy of his Honorable Discharge Certificate.

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 in Milwaukee, Wisconsin, on 24 June 1970.  He underwent basic training at Fort Campbell, Kentucky, and advanced individual training as an infantry indirect fire crewman at Fort Polk, Louisiana, before being transferred to Fort Benning, Georgia, to attend the Noncommissioned Officer Candidate Course.

3.  On 24 May 1971, he was transferred to Vietnam and was initially assigned to Troop A, 3d Squadron, 5th Cavalry Regiment, 9th Infantry Division.  On 25 June 1971, he was wounded when the vehicle he was driving hit a mine while on a combat operation and he received a wound to the upper lip.  He was treated and returned to duty.  The available records contain no orders awarding him the Purple Heart; however, his name is contained in the Vietnam casualty listing.

4.  On 30 October 1971, he was transferred to Company A, 3d Battalion 187th Infantry Regiment, and he remained with that unit until he departed Vietnam on 1 December 1971 for assignment to Fort Hood, Texas.  He was honorably released from active duty on 31 January 1972 under the Army Phase-Down Program.  He completed 1 year, 7 months, and 7 days of total active service and his DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal with two bronze service stars, the Republic of Vietnam (RVN) Campaign Medal, the Bronze Star Medal, and the Combat Infantryman Badge.

5.  A review of the applicant's records as well as a search of the U.S. Army Human Resources Command Awards and Decorations Computer-Assisted Retrieval System (ADCARS), a web-based index containing roughly 611,000 general orders issued between 1965 and 1973 for the Vietnam era, shows that the applicant was awarded the Air Medal in General Orders Number 11235 issued by Headquarters, 101st Airborne Division, on 24 November 1971 for the period of 1 April 1971 to 20 November 1971.  Additionally, he was awarded the Army Good Conduct Medal (AGCM) in General Order Number 28 issued by Headquarters, 2d Armored Division, on 17 January 1972.  No orders for award of the Purple Heart were found in ADCARS.

6.  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 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.

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It shows the applicant's unit was awarded the RVN Gallantry Cross with Palm Unit Citation during the period he was assigned to the unit.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his records should be corrected to reflect his award of the Purple Heart has been noted and appears to have merit.  Although there are no orders present in the available record, the applicant provided a Purple Heart Citation that matches the information in his records regarding his being wounded and the information contained in the Vietnam casualty listing.

2.  Therefore, it is reasonable to presume he was, in fact, awarded the Purple Heart for wounds received in action in Vietnam on 25 June 1971 and that an administrative oversight resulted in the orders not reaching his official records.  Accordingly, it should be added to his records at this time.

3.  The evidence of record also shows the applicant was awarded the Air Medal and the AGCM.  Accordingly, those awards should be added to his records at this time.

4.  Additionally, the applicant's unit was awarded the RVN Gallantry Cross with Palm Unit Citation during the period he was assigned to the unit and he therefore is entitled to have that award added to his records as well.

BOARD VOTE:

___x _  ____x____  ___x_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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 adding his awards of the Purple Heart, the Air Medal, the AGCM, and the RVN Gallantry Cross with Palm Unit Citation to his DD Form 214.

2.  The Board wants the applicant and all others to know the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      __________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)                                         AR20100019127



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ABCMR Record of Proceedings (cont)                                         AR20100019127



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