IN THE CASE OF:	 

		BOARD DATE:	  31 March 2011

		DOCKET NUMBER:  AR20100024035 


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) to show award of the Purple Heart.

2.  The applicant states care was provided aboard ship.  He adds that he was medically evacuated to Portsmouth Naval Hospital in Virginia due to nerve damage.

3.  The applicant provides his DD Form 214, a Portsmouth Naval Hospital admission diagnosis, and six pages of miscellaneous 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 military records show he was inducted into the Army of the United States on 5 June 1969.  He completed initial entry training, was awarded the military occupational specialty of light weapons infantryman, and was promoted to pay grade E-3.

3.  His DA Form 20 (Enlisted Qualification Record) shows he performed duties as a rifleman while assigned to Company A and Company B, 1st Battalion, 61st Infantry, 1st Brigade, 5th Infantry Division while in the Republic of Vietnam during the period 15 November to 31 December 1969.

4.  Item 40 (Wounds) of his DA Form 20 shows he received a fragmentary wound to his left side, left arm, and left thigh on 20 December 1969.  This form further shows he was a patient at the 249th General Hospital on 31 December 1969 and then at the Naval Hospital in Portsmouth, VA from 10 January 1970 to an undetermined date.

5.  A Portsmouth Naval Hospital admission diagnosis document with a date of 10 January 1970 showed a diagnosis of multiple fragment wounds and a partial ulnar nerve lesion.  It further indicated he had multiple fragment wounds to his upper left extremity, left flank and left thigh from an exploding fragment device while on patrol on 20 December 1969.

6.  He was honorably released from active duty on 4 June 1971 after completing 2 years of creditable active service.

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the National Defense Service Medal, Vietnam Service Medal, and Republic of Vietnam Campaign Medal with 1960 Device.

8.  Review of the Vietnam Casualty List shows the applicant was listed as "hostile wounded in action, not serious, hospitalized" on 20 December 1969. 

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

10.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows the campaigns for Vietnam.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  During the applicant's tour of duty in Vietnam he participated in the Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970) campaign.


11.  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.

12.  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 Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DA Form 20 shows he was wounded on 20 December 1969 and a hospital admission diagnosis document shows he received multiple fragment wounds from an exploding fragment device while on patrol in Vietnam.  His name is listed on the Vietnam Casualty List validating that he was wounded in action on 20 December 1969.  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.

2.  The available records show he was awarded the Vietnam Service Medal and that he participated in one campaign 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 bronze service star.

3.  Headquarters, U.S. Army Vietnam and its subordinate units were authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the applicant's period of service.  Therefore, his DD Form 214 should be corrected to show this unit award.

4.  In view of the foregoing, the applicant's 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:

	a.  awarding him the Purple Heart; and

	b.  adding to item 24 of his DD Form 214 the Purple Heart, Vietnam Service Medal with one bronze service star, 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)                                         AR20100024035



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100024035



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1