IN THE CASE OF:	  

		BOARD DATE:	  1 March 2011

		DOCKET NUMBER:  AR20100023129 


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 the Purple Heart (PH) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  

2.  The applicant states the PH he was awarded was omitted from his DD Form 214.  

3.  The applicant provides his DD Form 214 and PH orders and certificate 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's record shows he was inducted into the Army on 27 March 1969, and was trained in and awarded military occupational specialty (MOS) 91B (Medical Specialist).  It also shows he was promoted to specialist four/E-4 (SP4/E-4) on 3 May 1970, and that this is the highest rank he attained while serving on active duty.  

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 27 February through 27 May 1970.  Item 38 (Record of Assignments) shows that during his RVN tour he was assigned to Headquarters Troop, 1st Squadron, 1st Cavalry Regiment, performing duties in MOS 91A as a medical corpsman.  It further shows the applicant entered a patient status at the 249th General Hospital, Japan on 28 May 1970, and was ultimately medically evacuated to Fort Campbell, Kentucky on 8 June 1970.  

4.  Item 40 (Wounds) of the applicant's DA Form 20 contains the entry "Gunshot wound of right lower leg  Date 24 May 1970."  The PH is not included in the list of awards contained in item 41 (Awards and Decorations).

5.  On 26 March 1971, the applicant was honorably released from active duty, in the rank of SP4/E-4, after completing 2 years of active military service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued at the time shows he earned the following awards:

* National Defense Service Medal (NDSM)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Vietnam Service Medal (VSM)
* Army Good Conduct Medal

6.  The applicant provides an unsigned copy of Headquarters, 91st Evacuation Hospital General Orders (GO) Number 127, dated 24 May 1970.  These orders awarded the applicant the PH for being wounded in action in the RVN on 23 May 1970.  He also provides a PH certificate, dated 24 May 1970, which shows he was awarded the PH for being wounded in action in the RVN on 23 May 1970.  

7.  During the review of this case, a member of the Board staff reviewed the Department of the Army Vietnam Casualty Roster.  There was no entry pertaining to the applicant on this roster.  



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

9.  Paragraph 2-13 of the awards regulation contains guidance on the VSM.  It states a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN.  Table B-1 contains a list of campaigns and shows the during the applicant's tenure of assignment in the RVN, participation credit was granted for the Vietnam Winter-Spring 1970 (1 November 1969- 30 April 1970) and Sanctuary Counteroffensive (1 May-30 June 1970) campaigns.  

10.  Paragraph 9-13 of the awards regulation contains guidance on the RVN Campaign Medal.  It states it is authorized for six or more months of service in the RVN between 1 March 1961 and 28 March 1973.  As an exception members wounded in action are authorized the award for service of less than 6 months in the RVN.  

11.  Department of the Army General Orders (DAGO) 8, 1974, announced award of the RVN Gallantry Cross Unit Citation with Palm for service in Vietnam between 20 July 1965 and 28 March 1973.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the PH should be added to his DD Form 214 has been carefully considered and found to have merit.  

2.  Item 40 of his DA Form 20 contains an entry showing the applicant was wounded in action in the RVN on 23 May 1970, and the record confirms he was medically evacuated to the United States on 28 May 1970.  Even though his name is not on the Vietnam Casualty Roster and the PH orders are not signed, the preponderance of the evidence corroborates the information on the PH orders and certificate provided by the applicant.  Therefore, it would be appropriate to add the PH to his DD Form 214.  

3.  The evidence of record also confirms that based on his service and campaign participation in the RVN, he is eligible for the RVN Campaign Medal with Device 1960, RVN Gallantry Cross with Palm Unit Citation, and 2 bronze service stars with his VSM.  Therefore, it would also be appropriate to add these awards to his record and DD Form 214.  
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 by deleting the current Vietnam Service Medal and replacing it with the Vietnam Service Medal with 2 bronze service stars and adding the Purple Heart, Republic of Vietnam Campaign Medal with Device 1960, and Republic of Vietnam Gallantry Cross with Palm Unit Citation.  




      _______ _  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)                                         AR20100023129



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ABCMR Record of Proceedings (cont)                                         AR20100023129



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