IN THE CASE OF:	  

		BOARD DATE:	    5 April 2011

		DOCKET NUMBER:  AR20100024217 


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 his record is incorrect and the PH should be added.

3.  The applicant provides a National Personnel Records Center letter, dated 9 December 2010; PH Certificate, dated 3 June 1967; Standard Form 513 (Clinical Record), dated 18 March 1968; and Standard Form 88 (Report of Medical Examination), page 2, 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 of the United States on 20 April 1966 and was trained in and awarded military occupational specialty 11B (Light Weapons Infantryman).  His record shows he was promoted to specialist four (SP4)/E-4 on 8 April 1967 and 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 12 December 1966 through 1 December 1967.  Item 38 (Record of Assignments) shows that during his RVN tour he was assigned to Company E, 3rd Battalion, 39th Infantry Regiment, through 5 August 1967, and to Company E, 3rd Battalion, 60th Infantry Regiment, from 6 August 1967 through 30 November 1967.

4.  Item 40 (Wounds) of the applicant's DA Form 20 shows he was wounded in action in the RVN on 1 June 1967 when he received fragmentation wounds to his chest.  Item 41 (Awards and Decorations) shows he earned the following awards:

* Combat Infantryman Badge (CIB)
* National Defense Service Medal (NDSM)
* Vietnam Service Medal (VSM)
* RVN Campaign Medal with Device (1960)
* PH
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar
* Expert Marksmanship Qualification Badge with Rifle (M-16) Bar

5.  The applicant's DA Form 201 (Military Personnel Records Jacket) contains a Western Union Telegram and casualty report that show the applicant was wounded in action in the RVN on 1 June 1967.  It also contains Headquarters, 24th Evacuation Hospital, General Orders Number 89, dated 2 June 1967.  These orders awarded the applicant the PH for being wounded in action in the RVN on 1 June 1967.

6.  On 19 April 1968, the applicant was honorably released from active duty (REFRAD) in the rank of SP4/E-4 after completing 2 years of active military service.

7.  The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) issued to the applicant upon his REFRAD lists the following awards in item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized):

* VSM with one bronze service star
* NDSM
* RVN Campaign Medal
* CIB
* Army Good Conduct Medal
* Expert Marksmanship Qualification Badge with Rifle Bar

8.  During the processing of this case, a member of the Board's staff reviewed the Vietnam casualty roster.  This search revealed an entry pertaining to the applicant that confirms he was wounded in action in the RVN on 1 June 1967.

9.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Paragraph 2-13 contains guidance on the VSM and states, in pertinent part, that a bronze service star is authorized with his award for each campaign a member is credited with participating in while serving in the RVN.

10.  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 his tenure of assignment in the RVN, the applicant's unit (3rd Battalion, 39th Infantry Regiment) received the RVN Gallantry Cross with Palm Unit Citation and RVN Civil Actions Honor Medal First Class Unit Citation.  It also shows that during the applicant's tenure of assignment in the RVN, participation credit was granted for the Vietnam Counteroffensive Phase II (1 July 1966-31 May 1967) and Vietnam Counteroffensive Phase III (1 June 1967-29 January 1968) campaigns.

DISCUSSION AND CONCLUSIONS:

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

2.  The evidence of record confirms the applicant was wounded in action in the RVN on 1 June 1967 and that he was awarded the PH by proper authority as announced in official orders.  Therefore, it would be appropriate to add the PH to item 24 of his DD Form 214.

3.  Further, the record shows the applicant received the Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar that was not included in the list of awards contained on his DD Form 214 and that based on his service and campaign participation in the RVN, he is eligible for the RVN Gallantry Cross with Palm Unit Citation, RVN Civil Actions Honor Medal First Class Unit Citation, and two bronze service stars with his VSM.  Therefore, it would also be appropriate to add these awards and decorations to item 24 of his 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 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 item 24 of his DD Form 214 by deleting the current Vietnam Service Medal entry and adding the following awards and decorations:

* PH
* VSM with two bronze service stars
* RVN Gallantry Cross with Palm Unit Citation
* RVN Civil Actions Honor Medal First Class Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar



      __________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)                                         AR20100024217



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ABCMR Record of Proceedings (cont)                                         AR20100024217



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