IN THE CASE OF:	  

		BOARD DATE:	  31 March 2011

		DOCKET NUMBER:  AR20100024211 


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

2.  The applicant states that he was awarded the Purple Heart for wounds received in Vietnam; however, it was not added to his DD Form 214.

3.  The applicant provides a copy of his DD Form 214.

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 enlisted in the Indiana Army National Guard (INARNG) on 18 January 1964 for a period of 6 years.  He completed training as an infantryman at Fort Jackson, South Carolina, and was returned to his INARNG unit.

3.  On 13 May 1968, while assigned to Company D (Long Range Patrol), 151st Infantry, INARNG, he was ordered to active duty with his unit for a period of 24 months.  He was transferred to Vietnam with his unit on 27 December 1968 for assignment to II Field Force-Vietnam in Long Binh.  On 20 November 1969, his unit commenced stand-down procedures for return to Indiana.

4.  On 3 December 1969, he enlisted in the Regular Army for a period of 3 years and assignment to Company D, 75th Ranger Regiment.

5.  After serving in four campaigns, he departed Vietnam on 26 January 1970 and was transferred to Fort Bragg, North Carolina.  He reenlisted on 12 March 1971 for a period of 6 years and served until he was honorably discharged on 13 September 1977 due to the expiration of his term of service.  He completed 10 years and 3 days of total active service and his DD Form 214 shows he was awarded the National Defense Service Medal, the Parachutist Badge, the Vietnam Service Medal (VSM), the Army Commendation Medal (ARCOM), the Combat Infantryman Badge, the Vietnam Campaign Medal, and the Army Good Conduct Medal (3rd Award).

6.  A review of his records failed to show he was awarded the Purple Heart; however, his name is contained on the Vietnam casualty listing as being wounded on 25 May 1969.  Additionally, his records also show that in 1972 he underwent surgery at Fort Bragg to have shrapnel removed from his left knee and right foot that were residuals of shrapnel wounds in Vietnam in 1969.

7.  His records also show that on 26 August 1969 he was awarded the ARCOM with "V" Device for heroism on 11 May 1969.  On 1 November 1969, he was awarded the ARCOM for meritorious service from December 1968 to November 1969.

8.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders awarding him the Purple Heart.

9.  Army Regulation 600-8-22 (Military Awards) provides that the PH is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify the wound was the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It shows that during the applicant's assignment, his unit (II Field Force-Vietnam) was cited for award of the Meritorious Unit Commendation (MUC), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his award of the Purple Heart should be added to his records has been noted and found to have merit.  Although there are no orders available, there is sufficient evidence to support his contention in that his name is on the Vietnam casualty listing and he subsequently had surgery to remove the shrapnel.  Therefore, it is reasonable to presume given the available evidence that he was, in fact, awarded the Purple Heart.  Accordingly, his award of the Purple Heart should be added to his records at this time.

2.  The evidence of record shows the applicant was awarded the ARCOM with "V" Device and 1st Oak Leaf Cluster.  Accordingly those awards should be added to his records as well.

3.  Additionally, the MUC, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation were awarded to his unit during his period of service in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show those unit awards.

4.  The applicant participated in four campaigns in Vietnam; therefore, he is entitled to four bronze service stars for wear on his already-awarded VSM and correction of his DD Form 214 to show these bronze service stars.

BOARD VOTE:

____X____  ____X____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

1.  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 amending his DD Form 214 for the period ending 13 September 1977 as follows:

* deleting the Army Commendation Medal and VSM
* adding the Purple Heart, the ARCOM with "V" Device and 2nd Award, the VSM with four bronze service stars, the MUC, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

2.  The Board wants the applicant and all others to know the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      ____________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)                                         AR20100024211



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ABCMR Record of Proceedings (cont)                                         AR20100024211



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