IN THE CASE OF:	  

		BOARD DATE:	  15 February 2011

		DOCKET NUMBER:  AR20100020224 


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 of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 2 July 1973 to show award of the Purple Heart.

2.  The applicant states he was wounded in Vietnam in June 1970 while serving as a door gunner.  He adds that he was treated at a hospital but never awarded the Purple Heart.  He further states he has a bullet hole in his thigh and visible pieces of shrapnel under the skin.

3.  The applicant provides a photocopy of a news clipping and of a person with what appears to be two bandages of the left thigh and knee area.

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 18 March 1969.  He reenlisted on 8 March 1970.  He completed initial entry training, was awarded the military occupational specialty of light weapons infantryman, and was promoted to pay grade E-5.

3.  His DA Form 20 (Enlisted Qualification Record) shows he served two tours of duty in Vietnam with assignments as shown below:

* rifleman while assigned to Company A, 2d Battalion, 12th Infantry, 25th Infantry Division during the period 10 October 1969 to 20 January 1970
* assistant gunner while assigned to Company E, 2d Battalion, 12th Infantry, 25th Infantry Division during the period 21 January to 8 March 1970
* door gunner while assigned to 116th Aviation Company during the period 21 March to 28 October 1970
* door gunner while assigned to 60th Aviation Company during the period 26 January to 31 August 1972

4.  He was honorably released from active duty on 2 July 1973 and transferred to the U.S. Army Reserve Control Group (Standby).  He completed a total of 4 years, 0 months, and 9 days of creditable active service.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his two DD Forms 214 shows he was awarded the National Defense Service Medal, Vietnam Service Medal with four bronze service stars, Army Commendation Medal with "V" device, Army Commendation Medal with one oak leaf cluster, Combat Infantryman Badge, Air Medal (3d Award), one service stripe, and one overseas service bar.

6.  His DA Form 20 shows he was authorized the Republic of Vietnam Campaign Medal with device (1960), which is not shown on his DD Form 214.

7.  Item 40 (Wounds) of his DA Form 20 is blank.

8.  Review of the Vietnam Casualty List shows he was listed as "hostile wounded in action, not serious, not hospitalized" on 31 July 1970. 

9.  His records do not contain any evidence that indicates he was ever awarded the Purple Heart by proper authority.

10.  The applicant provides a photocopy of a newspaper clipping stating he had been wounded in action in Vietnam on 24 October and of a person with what appears to be two bandages on the left thigh and knee areas.
11.  Headquarters, 1st Aviation Brigade, General Orders Number 7456, dated 27 July 1970, awarded him the Air Medal (3d Award) with "V" device for heroism.

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

13  Appendix B of Army Regulation 600-8-22 shows the campaigns for Vietnam.  During his tour in Vietnam he participated in the following campaigns:

* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)
* DA Sanctuary Counteroffensive (1 May - 30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)
* Consolidation II (1 December 1971 - 29 March 1972)
* Vietnam Ceasefire Campaign (30 March 1972 - 28 January 1973)

This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  A silver service star is awarded in place of five bronze service stars.

14  Department of the Army Pamphlet 672-3 shows the unit the applicant was assigned to while serving in the Republic of Vietnam was awarded the:

   a.  Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders (DAGO) Number 5, dated 1973; and 

   b.  Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on DAGO Number 51, dated 1971 and DAGO Number 55, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he was wounded and treated for those wounds in Vietnam in 1970.  He provides a photocopy of a newspaper clipping stating he had been wounded in action in Vietnam on 24 October and of a photograph of an individual with what appears to be bandages on his thigh and knee. 

2.  His name is listed on the Vietnam Casualty List validating that he was wounded in action on 31 July 1970.  Therefore, there is sufficient evidence to show he is entitled to award of the Purple Heart and correction of his records to show this award.
3.  General orders awarded him the Air Medal (3d Award) with "V" device for heroism.  His DD Form 214 shows only the Air Medal (3d Award) without the "V" device, which indicates heroism.  As such, he is entitled to correction of his DD Form 214 to show the Air Medal (3d Award) with "V" device.

4.  General orders awarded his units of assignment the Republic of Vietnam Gallantry Cross with Palm Unit Citation and two Republic of Vietnam Civil Actions Honor Medal First Class Unit Citations during the period he was assigned to the units; therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

5.  The available records show he was awarded the Vietnam Service Medal and that he participated in six campaigns while serving in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show his already-awarded Vietnam Service Medal with one silver and one bronze service star.

6.  In view of the foregoing, his records should be corrected as shown 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 amending item 24 of his DD Form 214 in question to show the Purple Heart, Air Medal (3d Award) with "V" device, Republic of Vietnam Gallantry Cross with Palm Unit Citation, two Republic of Vietnam Civil Actions Honor Medal First Class Unit Citations, and Vietnam Service Medal with one silver service star and one bronze service star.




      _______ _   _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)                                         AR20100020224



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100020224



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1