IN THE CASE OF:	  

		BOARD DATE:	    17 May 2011

		DOCKET NUMBER:  AR20100026843 


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) with an effective date of 8 May 1969 by adding award of the Purple Heart.

2.  The applicant states his Purple Heart is not listed on his DD Form 214.

3.  The applicant provides:

* Purple Heart Certificate
* DD Form 214

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.  He was inducted into the Army of the United States on 9 May 1967.  He completed basic combat and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  He was assigned to the 3rd Battalion, 7th Infantry, in the Republic of Vietnam from 28 October 1967 to 16 October 1968.

4.  Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) indicates he received gunshot wounds to both arms and his left leg on 22 January 1968.

5.  On 8 May 1969, he was released from active duty.  He completed 2 years of active service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded or is authorized:

* National Defense Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar
* two overseas service bars
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Army Commendation Medal
* Valorous Unit Award

6.  The applicant is listed on the Vietnam casualty listing.  The listing reports his casualty status as "hostile, wounded in action by small arms fire, not serious, hospitalized."  The listing reports the date of casualty as 22 January 1968.

7.  The applicant submitted a Purple Heart Certificate, dated 25 January 1968, that shows he was awarded the Purple Heart for wounds received in the Republic of Vietnam on 22 January 1968.

8.  Based on the applicant's dates of service in Vietnam, Table B-1 of Army Regulation 600-8-22 (Military Awards) shows he participated in the:

* Vietnam Counteroffensive Phase III Campaign (1 June 1967-29 January 1968)
* Tet Counteroffensive Campaign (30 January 1968-1 April 1968)
* Vietnam Counteroffensive Phase IV Campaign (2 April 1968-30 June 1968)
* Vietnam Counteroffensive Phase V Campaign (1 July 1968-1 November 1968)

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems awarded during the Vietnam Conflict.  This pamphlet shows that during the time of the applicant's assignment to the 3rd Battalion, 7th Infantry, the unit was awarded the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

10.  Chapter 9 of Army Regulation 600-200 (Enlisted Personnel Management System), in effect at the time, stated that a brief description of wounds or injuries (including injury from gas) requiring medical treatment that were received through hostile or enemy action, including those requiring hospitalization, would be entered in item 40 of the DA Form 20.  This regulation further stated the date the wound or injury occurred would also be placed in item 40.

11.  Army Regulation 672-5-1 (Decorations and Awards), then in effect, provided that the Purple Heart was awarded to any member of an Armed Force or any civilian national of the United States who, while serving under competent authority in any capacity with one of the U.S. Armed Services had been wounded, killed, or who died as a result of 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 required treatment by a medical officer, and the medical treatment must have been made a matter of official record.

12.  Army Regulation 600-8-22 authorizes award of a bronze service star based on qualifying service for each campaign listed in appendix B and states that authorized bronze service stars will be worn on the appropriate campaign and service medal, which in this case is the Vietnam Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DA Form 20 shows he received gunshot wounds to both arms and his left leg.  The DA Form 20 is a record of the applicant's history in the Army and an entry for wounds received would not be made on this document without orders or a casualty report.  The DA Form 20 is a source document for completion of the DD Form 214.

2.  The applicant's DA Form 20 and the Vietnam casualty listing show he was wounded by hostile action on 22 January 1968.  Therefore, the preponderance of evidence in this case indicates he was awarded the Purple Heart.  Therefore, this award should be added to his DD Form 214.

3.  He participated in four campaigns during his service in Vietnam.  Therefore, he is authorized four bronze service stars to be worn on his Vietnam Service Medal.

4.  Based on his service with the 3rd Battalion, 7th Infantry, he is authorized the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

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 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 amending item 24 of his DD Form 214 with an effective date of 8 May 1969 to include the:

* Purple Heart
* Vietnam Service Medal with four bronze service stars
* 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)                                         AR20100026843



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ABCMR Record of Proceedings (cont)                                         AR20100026843



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