IN THE CASE OF:	  

		BOARD DATE:	  12 April 2011

		DOCKET NUMBER:  AR20100024500 


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 he received wounds in Vietnam and he currently has a service-connected disability from the gunshot wound.

3.  The applicant provides:

* DD Form 214
* USARV (U.S. Army Vietnam) Form 130 (USARV Casualty Report Format)
* DD Form 173 (Joint Message Form)
* Department of Veterans Affairs Medical Examination Report

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 records show he was inducted into the Army of the United States on 19 September 1968 and he held military occupational specialty 11B (Light Weapons Infantryman).  He served in Vietnam from 24 July 1969 to 28 March 1970 while assigned to Company A, 1st Battalion, 506th Infantry, 101st Airborne Division.

3.  His records contain a Western Union Telefax, dated 12 March 1970, wherein his parents were notified that he was wounded in action in Vietnam on 10 March 1970 "by small arms fire while at a night defensive position when the area came under attack by a hostile force."  He received a wound to the left lower back and he was treated and hospitalized in Vietnam. 

4.  He was medically evacuated from Vietnam on 28 March1970 and assigned to the Naval Hospital, Great Lakes, IL, for further hospitalization and treatment.

5.  His name is listed on the Vietnam casualty roster as battle wounded.  There are no orders in his records that show he was awarded the Purple Heart.

6.  He was honorably released from active duty on 23 October 1970 and he was transferred to the U.S. Army Reserve Control Group to complete his remaining Reserve obligation.  He completed 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 the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal with Device (1960), Army Commendation Medal, Air Medal (2nd Award), Combat Infantryman Badge, Expert Marksmanship Qualification Badge with Rifle Bar (M-14), and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or 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.

9.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, the applicant participated in the following two campaigns:

* Vietnam Summer-Fall 1969 (9 June - 31 October 1969)
* Vietnam Winter-Spring 1970 (1 November 1969 - 30 April 1970)

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that while he was assigned to the 1st Battalion, 506th Infantry this unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 3 October 1969 - 2 May 1970, by Department of the Army General Order (DAGO) Number 48, dated 1971

11.  Department of the Army Pamphlet 672-3, paragraph 6d, states that DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 - 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was wounded in Vietnam on 10 March 1970 during hostile action and was treated for those wounds.  Therefore, he is entitled to award of the Purple Heart and correction of his records to show this award.

2.  His record confirms he participated in two campaigns while serving in Vietnam.  Therefore, he is entitled to two bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his records to show these bronze service stars.

3.  General orders awarded his unit the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he was assigned to Vietnam.  Therefore, he is entitled to correction of his records to show these unit awards.



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 for wounds received in hostile action in Vietnam on 10 March 1970;

	b.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal; and

	c.  adding to item 24 of his DD Form 214 the Purple Heart, Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the 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)                                         AR20100024500





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ABCMR Record of Proceedings (cont)                                         AR20100024500



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