IN THE CASE OF:	  

		BOARD DATE:	  26 April 2011

		DOCKET NUMBER:  AR20100025856 


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 (Certificate of Release or Discharge from Active Duty) to show award of the Purple Heart.

2.  The applicant states he was discharged before he received the Purple Heart.

3.  The applicant provides his DD Form 214 and a photocopy of a Purple Heart award.

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 Regular Army (RA) on 24 November 1965 and he held military occupational specialty 62E (Heavy Construction Equipment Operator).  He served in Vietnam with the:

* 815th Engineer Battalion from 24 March 1967 to 10 November 1967
* 119th Aviation Company from 11November 1967 to 28 March 1968

3.  His record contains a Western Union Telefax, dated 21 February 1968, wherein his parents were notified that he was wounded as a result of hostile action in Vietnam on 10 February 1968 "by a metal fragment wound in his left arm when hit by a fragment from a hostile mortar round while in base camp."  He was hospitalized in Vietnam, treated for his wounds, and returned to duty.

4.  A review of The Adjutant General's Office, Casualty Division's Vietnam casualty listing shows the applicant's name is listed as a casualty, on 
10 February 1968 under casualty status code "23."  This casualty code refers to "hostile wounded in action, not serious, hospitalized."

5.  He also served in Vietnam from 13 November 1970 to 10 October 1971 while assigned to the 34th Engineer Battalion.

6.  He served through multiple reenlistments and was issued several separation documents for different periods of service.  He was last discharged from the Regular Army on 30 May 1973.

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 30 May 1973 shows the:

* National Defense Service Medal
* Army Good Conduct Medal (2nd Award)
* four overseas service bars
* Army Commendation Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Marksman Marksmanship Qualification Badge with Rifle Bar

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.  A review of his records indicates entitlement to additional awards.

10.  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 four campaigns:

* Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)
* TET Counteroffensive (30 January - 1 April 1968)
* Consolidation I (1 July - 30 November 1971)

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that while he was assigned to the:

* 815th Engineer Battalion his unit was cited for award of the Meritorious Unit Commendation for the period 27 March 1967 through 27 March 1968, by Department of the Army General Orders (DAGO) Number 43, dated 1969
* 119th Aviation Company his unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 27 March 1967 through 17 May 1968, by DAGO Number 46, dated 1969
* 34th Engineer Battalion his unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 20 August 1970 through 20 August 1971 by DAGO Number 5, dated 1973

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was wounded in Vietnam on 10 February 1968 during hostile action and he was treated for those wounds.  Therefore, he is entitled to correction of his DD Form 214 to show the award of the Purple Heart.

2.  The applicant participated in four campaigns while serving in Vietnam.  Therefore, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

3.  General orders awarded his units in Vietnam the Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

4.  In view of the foregoing, his DD Form 214 should be corrected as recommended 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.  deleting from item 13 of his DD Form 214 for the period ending 30 May 1973 the Vietnam Service Medal; and

	b.  adding to item 13 of his DD Form 214 for the period ending 30 May 1973 the:

* Purple Heart
* Vietnam Service Medal with four bronze service stars
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class 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)                                         AR20100025856



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ABCMR Record of Proceedings (cont)                                         AR20100025856



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