IN THE CASE OF:	  

		BOARD DATE:	  2 June 2011

		DOCKET NUMBER:  AR20100026376 


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.  He states he was wounded in combat while serving in the Republic of Vietnam and was subsequently presented the Purple Heart by his commanding officer in a field hospital.  As a result of his wounds, he is now a disabled Veteran with an 80 percent disability rating.

3.  He provides no additional evidence.

CONSIDERATION OF EVIDENCE:

1.  Title 10, United States 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 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 on 10 September 1969 for the purpose of attending the Officer Candidate School as an infantry officer candidate.  On 23 July 1970, he was honorably discharged for the purpose of accepting a commission.  On 24 July 1970, he was appointed as a second lieutenant (2LT)/O-1 in the U.S. Army Reserve with an immediate call to active duty.  He completed the Signal Officer Basic Course followed by the Officer's Fixed-Wing Aviator Course and was awarded specialty 1980 (Fixed-Wing Aviation Unit Commander).  The highest rank he attained while serving on active duty was first lieutenant (1LT)/O-2.

3.  Item 17 (Foreign Service) of his DA Form 66 (Officer Qualification Record) and item 30 (Remarks) of his DD Form 214 show he served in the Republic of Vietnam from 26 September 1971 through 24 November 1971.

4.  Item 18 (Record of Assignments) of his DA Form 66 shows that during his tour of duty in the Republic of Vietnam, he served in specialty 1980 as a Fixed-Wing Aviator with the 219th Aviation Company.  Item 18 also shows he was a patient at the U.S. Army Hospital located at Camp Zama, Japan from 3 to 
23 November 1971.  He was medically evacuated to the U.S. Army Hospital located at Fort Carson, CO and remained in a patient status until he was released from active duty (REFRAD).

5.  Item 21 (Awards and Decorations) of his DA Form 66 does not show award of the Purple Heart.

6.  His record contains an electronic casualty notification, dated 27 October 1971, which shows that on 26 October 1971 he sustained multiple fragment wounds to his right wrist and left leg.  While serving as an observer on a reconnaissance mission, his aircraft was making a low sweep over enemy fox holes when they received hostile ground fire and crashed.  He managed to exit the aircraft and was wounded during rescue operations.

7.  His record also contains a Western Union Telegram which shows The Adjutant General of the Department of the Army informed the applicant's parents he had been wounded in action, treated, and hospitalized in Vietnam.

8.  His DD Form 214 shows he was honorably REFRAD on 21 April 1972 after completing a total of 2 years, 7 months, and 12 days of creditable active service.
Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of this form shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Air Medal
* Army Aviator Badge

9.  There is no evidence in the applicant's service personnel records which show that he was awarded or recommended for award of the Purple Heart.

10.  His name appears on the Republic of Vietnam casualty roster for wounds sustained on 26 October 1971 as a result of hostile action.

11.  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 for the Purple Heart pertaining to the applicant.

12.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart 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 been treated by medical personnel, and the medical treatment must have been made a matter of official records.

13.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that 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 campaign:  Consolidation I   (1 July 1971 - 30 November 1971)

14.  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.  This pamphlet shows the unit to which the applicant was assigned was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders (DAGO) Number 8, dated 1974.

15.  Army Regulation 600-8-22 states the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Individuals who had qualified for award of the Vietnam Service Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his military records should be corrected to show award of the Purple Heart was carefully considered and determined to have merit.

2.  His name appears on the Republic of Vietnam casualty roster and evidence clearly shows he sustained multiple fragment wounds as the result of hostile action on 26 October 1971 which required hospitalization.  Therefore, he is entitled to award of the Purple Heart and correction of his DD Form 214 to show this award.

3.  General orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to have his DD Form 214 corrected to show this unit award.  

4.  Records show he participated in one campaign while serving in the Republic of Vietnam.  Therefore, he is entitled to one bronze service star for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show this bronze service star.

5.  Records show he completed a qualifying period of service for award of the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, he is entitled to have his DD Form 214 corrected to show this award.  

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 Vietnam Service Medal;

	b.  awarding him the Purple Heart for wounds sustained as a result of hostile action on 26 October 1971 while serving in the Republic of Vietnam;

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

* Purple Heart
* Vietnam Service Medal with one bronze service star
* Republic of Vietnam Campaign Medal with Device (1960)
* 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)                                         AR20100026376



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ABCMR Record of Proceedings (cont)                                         AR20100026376



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