IN THE CASE OF:	

		BOARD DATE:	  3 February 2011

		DOCKET NUMBER:  AR20100020125 


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 he received in the Republic of Vietnam.

2.  The applicant states he did not receive the documentation for the Purple Heart he received in 1968.

3.  The applicant provides:

* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 20 December 1968
* certificate for the award of the Purple Heart
* DA Form 20 (Enlisted Qualification Record)
* enlistment orders
* Report of Medical History (one page) dated 18 December 1968

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 enlisted in the Regular Army on 27 December 1966 for a period of 2 years.  He completed basic combat and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  Headquarters, 1st Training Brigade, U.S. Army Training Center, Fort Gordon, GA, Special Orders Number 17, dated 2 February 1967, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar.

4.  The applicant served in the Republic of Vietnam from 23 May 1967 to 21 May 1968.  He was assigned to the 1st Battalion, 35th Infantry in the Republic of Vietnam from 4 June 1967 to 19 May 1968.

5.  Item 40 (Wounds) of the applicant's DA Form 20 does not contain any entries indicating that the applicant received any wounds.  

6.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 does not show the award of the Purple Heart.

7.  On 20 December 1968, the applicant was released from active duty.  He had completed 1 year, 11 months, and 24 days of active service that was characterized as honorable.

8.  Item 24 (Decorations, Medal, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 he was awarded or is authorized the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), and the Combat Infantryman Badge.

9.  There are no orders in the applicant's military service records awarding him the Purple Heart.

10.  The applicant is listed on the Vietnam casualty roster.  The roster reports the applicant’s casualty status as hostile, wounded in action, not serious, not hospitalized.  The roster reports the date of casualty as 9 February 1968.

11.  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 United States Army Human Resources Command, failed to reveal any orders awarding the applicant the Purple Heart.

12.  Based on the applicant's dates of service in Vietnam, Table B-1 of Army Regulation 600-8-22 (Military Awards) shows he served in the:

* Vietnam Counteroffensive, Phase II Campaign (1 July 1966-31 May 1967)
* Vietnam Counteroffensive, Phase III Campaign (1 June 1967-29 January 1968) 
* Tet Counteroffensive Campaign (30 January 1968-1 April 1968)
* Vietnam Counteroffensive, Phase IV Campaign (2 April 1968-30 June 1968) 

13.  Army Regulation 672-5-1 (Military Awards), then in effect, provided, in pertinent part, that the Purple Heart was awarded to any member of an Armed Force or any civilian national of the United States who, while serving under competent authority in any capacity with one of the U.S. armed services had been wounded, killed, or who had died as a result of a wound sustained 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 a medical officer, and the medical treatment must have been made a matter of official record.

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems awarded during the Vietnam Conflict.  This pamphlet shows that, during the time of the applicant’s assignment to the 1st Battalion, 35th Infantry the unit received the:

* Valorous Unit Award - 22 April-20 August 1967
* Republic of Vietnam Gallantry Cross with Palm Unit Citation - January 1966-1 August 1967 and 1 August 1967-28 July 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for 1 August 1967-31 October 1969

15.  Department of the Army Pamphlet 672-3 states that not more than one Republic of Vietnam Gallantry Cross with Palm Unit Citation will be worn by any individual.  Although wear of multiple awards of this unit citation is not authorized, official military personnel and historical records will indicate all awards received.


16.  Army Regulation 600-8-22 authorizes award of a bronze service star based on qualifying service for each campaign listed in Appendix B of this regulation.  The regulation states that authorized bronze service stars will be worn on the appropriate campaign and service medal, which in this case is the Vietnam Service Medal.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he should have been awarded the Purple Heart.

2.  The Vietnam Casualty Roster shows the applicant was wounded by hostile action on 9 February 1968.  Therefore, the applicant should be awarded the Purple Heart for wounds received on 9 February 1968 in the Republic of Vietnam.

3.  The applicant's military personnel records show he participated in four campaigns during his service in Vietnam.  Therefore, he is entitled to four bronze service stars to be worn on his Vietnam Service Medal.  

4.  The applicant was awarded or is authorized the:

* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (two awards)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar

5.  The above awards should be included on his DD Form 214.

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 awarding the applicant the Purple Heart for wounds received in action in the Republic of Vietnam on 9 February 1968.

2.  Adding the following awards to item 24 of his DD Form 214:

* Purple Heart
* Valorous Unit Award
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (two awards)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar

3.  Providing the applicant a document to show the above awards.




      _______ _   _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)                                         AR20100020125



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ABCMR Record of Proceedings (cont)                                         AR20100020125



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