IN THE CASE OF:	  

		BOARD DATE:	  24 February 2011

		DOCKET NUMBER:  AR20100021265 


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 and unspecified unit awards for his service in Vietnam.

2.  The applicant states:

* He did not receive the Purple Heart or any other unit awards for his service in Vietnam
* he was treated for shrapnel in his left eye (result of ambush in Vietnam in summer of 1967) at Walter Reed Army Medical Center
* he was discharged before the records were updated

3.  The applicant provides a copy of his DD Form 214 (Report of Transfer or Discharge) for the period ending 2 October 1968 in support of his application.

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 on 18 August 1964.  On 13 August 1966, he was honorably released from active duty and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.  

3.  On 25 October 1966, he enlisted in the Regular Army for a period of 3 years.  His DA Form 20 (Enlisted Qualification Record) shows he arrived in Vietnam on 19 August 1967.  He served as a control and accounting specialist assigned to the 625th Supply and Service Company in Vietnam from 26 August 1967 until he was hospitalized on 20 January 1968.  He was transferred to Walter Reed Army Medical Center on 10 April 1968 for further medical treatment.  

4.  A DA Form 1361 (Recommended Findings of Physical Evaluation Board (PEB)), dated 12 August 1968, shows the Central PEB at Walter Reed Army Medical Center found him unfit for military service and his disability:

* was not incurred while entitled to receive basic pay
* was not the proximate result of the performance of military service
* was not due to misconduct, or willful neglect, or incurred during a period of unauthorized absence
* was not a direct result of armed conflict
* was not caused by an instrumentality of war 

5.  The PEB recommended separation without severance pay.  He concurred and waived a formal hearing on 15 August 1968.

6.  On 2 October 1968, he was honorably discharged by reason of physical disability (existed prior to service (EPTS)).     

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 2 October 1968 shows the Vietnam Service Medal and National Defense Service Medal as authorized awards.

8.  There are no orders for the Purple Heart in his service personnel records.  

9.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 (Enlisted Qualification Record) does not show award of the Purple Heart and item 40 (Wounds) of his DA Form 20 is blank.  The applicant's name does not appear on the Vietnam casualty roster.
10.  A 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 for the Purple Heart pertaining to the applicant.

11.  Records show he participated in one campaign during his assignment in Vietnam.

12.  Department of the Army General Orders 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.

13.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, 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.

14.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign.  A silver service star is authorized in lieu of five bronze service stars.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he was treated for shrapnel in his left eye (result of ambush in Vietnam) at Walter Reed Army Medical Center.  

2.  Although the specifics of his disability are unknown, the Central PEB proceedings at Walter Reed Army Medical Center state his disability was not incurred while entitled to receive basic pay, was not a direct result of armed conflict, and was not caused by an instrumentality of war.  He was discharged by reason of physical disability, EPTS. 

3.  There is no evidence of record which shows he was wounded or injured as a result of hostile action in Vietnam.  There are no orders for the Purple Heart in the available records.  Regrettably, there is insufficient evidence in which to base award of the Purple Heart in this case.

4.  He participated in one campaign during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with one bronze service star.  His DD Form 214 should be corrected to show this award.

5.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam.  The applicant served in Vietnam during a qualifying period and is eligible for this award.  Therefore, it would be appropriate to correct his DD Form 214 to show this foreign unit award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X____  ____X___  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 partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Republic of Vietnam Gallantry Cross with Palm Unit Citation and one bronze service star for wear on his already-awarded Vietnam Service Medal to item 24 of his DD Form 214 for the period ending 2 October 1968. 

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the Purple Heart.  




      _______ _  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)                                         AR20100021265





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ABCMR Record of Proceedings (cont)                                         AR20100021265



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