IN THE CASE OF:	  

		BOARD DATE:	  3 February 2011

		DOCKET NUMBER:  AR20100020033 


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, the widow of a deceased former service member (FSM), requests the FSM be awarded the Purple Heart.

2.  The applicant states the FSM should have received the Purple Heart for injuries sustained while in the Republic of Vietnam (RVN).

3.  The applicant provides a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and service medical records.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

Counsel did not provide additional evidence or argument.

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 FSM was inducted into the Army of the United States on 21 April 1964.  Upon completion of initial entry training he was awarded military occupational specialty 63C (Track Vehicle Mechanic).

3.  Item 31 (Foreign Service) of the FSM's DA Form 20 (Enlisted Qualification Record) shows he served in the RVN from 25 June 1965 to 16 April 1966.  Item 38 (Record of Assignments) shows he was transferred to Camp Zama, Japan in a patient status on 9 December 1965 and he returned to duty in the RVN on 
6 January 1966.  Item 38 also shows he was assigned to the 1st Battalion,
7th Artillery while in the RVN.  Item 40 (Wounds) is blank and the Purple Heart is not included in the list of awards contained in item 41 (Awards and Decorations).

4.  There is no evidence in the FSM's Official Military Personnel File (OMPF) that indicates he was ever recommended for or awarded the Purple Heart.

5.  Headquarters, 1st Training Regiment, Fort Gordon, GA, Special Orders Number 80, dated 4 June 1964, awarded the FSM the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

6.  The FSM was honorably released from active duty on 17 April 1966 by reason of overseas returnee.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Commendations Awarded or Authorized) of his DD Form 214 shows the Army Good Conduct Medal and the Vietnam Service Medal.

7.  During the processing of this case, a member of the Board's staff reviewed the Department of the Army Vietnam casualty roster.  There is no entry pertaining to the FSM on this roster.

8.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), 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 pertaining to the FSM.

9.  The service medical records provided by the applicant include two DA Forms 
8-275-2 (Clinical Record Cover Sheet), dated 31 October 1965 and 2 November 1965, and two DA Forms 8-2753 (same title), both dated 28 December 1965, respectively.  These forms show the FSM was wounded on 27 October 1965 when he was hit by a missile of unknown origin while shopping at Bien Hoa, RVN.  Item 3 (Type of Case) of the DA Form 8-275-3, dated 2 November 1965, shows the entry "IRHA" (injured as a result of hostile action).  Both DA Forms
8-275-2 dated 28 December 1965 also show the entry "IRHA" that indicates the FSM was injured as a result of hostile action.  The forms further indicate the injury was incurred in the line of duty (LOD).

10.  Army Regulation 600-8-22 (Military Awards) states:

	a.  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.

	b.  the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.

	c.  the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.

	d.  a bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during the FSM's service in the RVN, the FSM participated in the following two campaigns:

* Vietnam Defense Campaign (8 March - 24 December 1965)
* Vietnam Counteroffensive (25 December 1965 - 30 June 1966)

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the 1st Battalion, 7th Artillery, was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 12 July 1965 - 16 October 1968 by Department of the Army General Orders (DAGO) Number 21, dated 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 12 July 1965 - 7 April 1970 by DAGO Number 53, dated 1970

DISCUSSION AND CONCLUSIONS:

1.  The medical records show the FSM was wounded on 27 October 1965 and that the injury was incurred in the line of duty as a result of hostile action.  It appears the criteria for award of the Purple Heart were met in this case.  Therefore, the FSM should be posthumously awarded the Purple Heart and his DD Form 214 should be corrected to show this award.

2.  Orders awarded the FSM the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).  Therefore, the FSM's DD Form 214 should be correction to show this qualification badge.

3.  The FSM served a period of qualifying service for award of the National Defense Service Medal and the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, the FSM's DD Form 214 should be corrected to show these awards.

4.  The FSM was awarded the Vietnam Service Medal.  Additionally, he participated in two campaigns while in the RVN.  Therefore, the FSM's DD Form 214 should be corrected to show two bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

5.  Based on the FSM's service with the 1st Battalion, 7th Artillery while in the RVN, he is also entitled to correction of his DD Form 214 to show 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:

1.  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.  deleting from item 26 of the FSM's DD Form 214 the Vietnam Service Medal;

	b.  posthumously awarding the FSM the Purple Heart for wounds sustained as a result of hostile action on 27 October 1965; and

	c.  adding to item 26 of the FSM's DD Form 214 the:

* Purple Heart
* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

2.  The Board wants the applicant and all others to know that the sacrifices the FSM made in service to the Nation are deeply appreciated.  The applicant and all Americans should be justifiably proud of the FSM's 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)                                         AR20100020033



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ABCMR Record of Proceedings (cont)                                         AR20100020033



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