BOARD DATE:	  10 May 2011

		DOCKET NUMBER:  AR20100026364 


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 for wounds received during the Vietnam Conflict in the year 1968. 

2.  He states, in effect, he should have been awarded the Purple Heart at some point during his stay in the hospital at Camp Zama, Japan.  

3.  He provided:

* a page from his DA Form 201 (Military Personnel Records Jacket (MPRJ)) 
* a DA Form 8-274 (Medical Condition – Physical Profile Record)
* page 4 of his DA Form 20 (Enlisted Qualification Record)

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.  His records show he enlisted in the U.S. Army on 31 October 1966 for 3 years.  Upon completion of basic combat and advanced individual training, he was awarded military occupational specialty 11B (Light Weapons Infantryman).  

3.  His DA Form 20 shows:

* Item 31 (Foreign Service) – he served in U.S. Army Vietnam (USARV) from 10 November 1967 through 7 November 1968
* Item 38 (Record of Assignments) shows:

* Company D, 2nd Battalion, 3rd Infantry Regiment, 199th Infantry Brigade from 1 February through 14 June 1968
* Headquarters (HQS) and Headquarters Company, 199th Infantry Brigade from 15 June through 6 November 1968

* Item 40 (Wounds) – he received a shrapnel wound above his right ear on 14 February 1968
* Item 41 (Awards and Decorations):

* National Defense Service Medal (NDSM)
* Vietnam Service Medal (VSM)
* Combat Infantryman Badge (CIB)
* Republic of Vietnam (RVN) Campaign Medal with Device (1960)
* Valorous Unit Award (VUA) ”General Orders Number 3073, HQS, USARV 25 Jun 68"
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)

4.  He provided a page from his MPRJ that shows while on a search and destroy mission on 14 February 1968, he received shrapnel wound above his right ear during a hostile firefight.  

5.  He also provided a DA Form 8-274, dated 3 June 1968.  This document shows he was given a physical limitations profile due to the hole in his left eardrum.  

6.  His MPRJ contains a Western Union Telefax, dated 22 February 1968, and an unclassified electronic message, dated 19 February 1968.  Both messages indicate he was slightly wounded in Vietnam on 14 February 1968 as a result of hostile action.  He received a metal fragment wound above his right ear.  He was treated by medical personnel and returned to duty.

7.  On 14 May 1971, he was discharged.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the following awards:

* VSM with four bronze service stars
* CIB
* RVN Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar 

8.  His name does appear on the Vietnam Casualty Roster as having been wounded as a result of hostile action on 14 February 1968.  This entry also shows he was hospitalized. 

9.  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 United States Army Human Resources Command, failed to reveal any orders awarding him the Purple Heart. 

10.  A review of his records indicates entitlement to additional awards which are not shown on his DD Form 214.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows during the period of his assignment with Company D, 2nd Battalion, 3rd Infantry Regiment, 199th Infantry Brigade, his unit was awarded the RVN Gallantry Cross with Palm Unit Citation by Department of the Army General Orders (DAGO) Number 43 (1970); the RVN Civil Actions Honor Medal First Class Unit Citation by DAGO Number 31 (1971); and the VUA
By DAGO Number 48, (1968).

12.  Department of the Army Pamphlet 672-3 also lists campaign periods for the Vietnam era.  Five designated campaigns coincide with his period of service in the RVN:

* Vietnamese Counteroffensive Phase III (1 June 1967 - 29 January 1968)
* Tet Counteroffensive (30 January - 1 April 1968)
* Vietnamese Counteroffensive Phase IV (2 April - 30 June 1968)
* Vietnamese Counteroffensive Phase V (1 July - 1 November 1968)
* Vietnamese Counteroffensive Phase VI (2 November 1968 - 22 February 1969)

13.  Army Regulation 600-8-22 (Military Awards) states a bronze service star, based on qualifying service for each campaign listed in Appendix B of this regulation, will be worn on the appropriate service medal.  A silver service star is authorized in lieu of five bronze service stars.

14.  Army Regulation 600-8-22 states 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, and the medical treatment must have been made a matter of official record.  There is no statute of limitations governing requests for award of the Purple Heart.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms he was wounded on 14 February 1968 as a result of hostile action.  His wounds required treatment and the treatment was made a matter of official record.  Therefore, it would be appropriate to award him the Purple Heart and to correct his DD Form 214 to show this award.

2.  General orders awarded his unit the VUA, RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation which are not shown on his DD Form 214.  He is entitled to correction of his DD Form 214 by adding these unit awards.

3.  He was previously awarded the VSM with four bronze service stars.  His records show he participated in five campaigns while serving in Vietnam.  Therefore, he is entitled to award of one silver service star for wear on his previously-awarded VSM.

4.  His records show he earned the Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60) and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) which are not shown on his DD Form 214.  He is entitled to have his DD Form 214 corrected by adding these qualification badges. 


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 24 of his DD Form 214 the VSM with four bronze service stars,
   
   b.  awarding him the Purple Heart for wounds received in action on
14 February 1968; and 

c.  adding to item 24 of his DD Form 214 the:

* Purple Heart
* VSM with one silver service star
* VUA
* RVN Gallantry Cross with Palm Unit Citation 
* RVN Civil Actions Honor Medal First Class Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)



      __________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)                                         AR20100026364



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ABCMR Record of Proceedings (cont)                                         AR20100026364



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