IN THE CASE OF:	  

		BOARD DATE:	  24 February 2011

		DOCKET NUMBER:  AR20100021214 


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 (PH).

2.  The applicant states:

	a.  he was wounded during a mortar attack in Vietnam in 1968;

	b.  his medical record does not document his wound; and

	c.  on the day he was leaving their camp, his first sergeant told him the paperwork regarding his PH was not done.

3.  The applicant provides no additional documents.

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 record shows he was inducted into the Army of the United States on 9 August 1966.  He was trained in and awarded military occupational specialty 05C (Radio Teletype Operator).

3.  Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he twice served in the Republic of Vietnam (RVN) from 4 April 1967 to 16 May 1967 and from 19 December 1967 to 1 September 1968.  It also shows that during his two RVN tours of duty he was first assigned to Company C, 69th Signal Battalion, and second to the 588th Signal Company.

4.  Item 40 (Wounds) of his DA Form 20 is blank and the PH is not included in the list of awards contained in item 41 (Awards and Decorations).

5.  The applicant's record is void of any orders or other documents that indicate he was ever awarded the PH by proper authority while serving on active duty.  The record does not include any medical treatment records that indicate he was ever treated for a combat-related wound or injury while serving in the RVN.

6.  On 3 September 1968, the applicant was honorably released from active duty after completing 1 year, 9 months, and 28 days of active service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show award of the PH.  It does show he earned the following awards:

* National Defense Service Medal
* Vietnam Service Medal (VSM)
* RVN Campaign Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar
* overseas service bar

7.  During the processing of this case, a member of the Board staff reviewed the Vietnam casualty roster.  The applicant’s name is included in this list and confirms that he was reported as "hostile wounded in action:  not serious, not hospitalized" on 10 March 1968 under casualty status code "24."

8.  The applicant's record contains a self-authored statement, dated 25 May 2010, in which he states he was treated and bandaged after he was wounded in action by the mortar attack.

9.  Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy.  Paragraph 2-8 contains the regulatory guidance pertaining to award of the PH.  It states that in order to support award of the PH there must be evidence the wound for which the award is being made was received as a result of enemy action, the wound required treatment by medical personnel, and a record of this medical treatment must have been made a matter of official record.

10.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the VSM and states that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  A silver service star is used to denote five bronze service stars.  Appendix B shows that during his service in Vietnam participation credit was awarded for the following five campaigns:

* Vietnam Counteroffensive Phase II
* Vietnam Counteroffensive Phase III
* Tet Counteroffensive
* Vietnam Counteroffensive Phase IV
* Vietnam Counteroffensive Phase V

11.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It confirms that during the applicant's tenure of assignment in the RVN, his unit (Company C, 69th Signal Battalion) was awarded the Meritorious Unit Citation (MUC).

12.  Department of the Army General Orders Number 8, dated 1974, authorized the award of the RVN Gallantry Cross with Palm Unit Citation to all personnel assigned to the RVN from 8 February 1962 through 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he should be awarded the PH for wounds he sustained during a mortar attack in the RVN.

2.  By regulation, in order to support award of the PH there must be evidence the wound for which the award is being made was received as a result of enemy action, the wound required treatment by medical personnel, and a record of this medical treatment must have been made a matter of official record.  

3.  The applicant's name is included on the Vietnam casualty roster, the official Department of the Army list of RVN battle casualties, which confirms he was wounded by hostile action on 10 March 1968.  It also confirms his wound was not serious and did not require hospitalization.  The applicant indicates he was treated and bandaged.  As a result, his claim of entitlement to the PH is corroborated by the Vietnam casualty roster entry and the regulatory burden of proof necessary to support award of the PH has been satisfied in this case.

4.  The evidence of record also confirms that based on his service and campaign participation in the RVN, the applicant is entitled to the MUC, RVN Gallantry Cross with Palm Unit Citation, and one silver service star for wear on his already-awarded VSM.  Therefore, it would be appropriate to add these awards to his DD Form 214 at this time.

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:

	a.  awarding him the PH for being wounded in action in the RVN on 10 March 1968;

	b.  deleting the VSM from item 24 of his DD Form 214; and 

	c.  adding the PH, VSM with one silver service star, MUC, and RVN Gallantry Cross with Palm Unit Citation to item 24 of his DD Form 214.



      _______ _ 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)                                         AR20100021214



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ABCMR Record of Proceedings (cont)                                         AR20100021214



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