BOARD DATE:	  17 May 2011

		DOCKET NUMBER:  AR20100026917 


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 that his award of the Purple Heart be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states that he was wounded in Vietnam and was awarded the Purple Heart while in the hospital; however, it was not added to his DD Form 214.

3.  The applicant provides a copy of his DD Form 214 and a copy of a DA Form 1577 (Authorization for Issuance of Awards) dated 16 July 1985 issued by the Reserve Components Personnel and Administration Center (RCPAC) in St. Louis, Missouri.

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 in Brooklyn, New York on 29 March 1968 for a period of 3 years.  He completed his basic training at Fort Jackson, South Carolina and his advanced individual training as a light weapons infantryman at Fort Lewis, Washington before being transferred to Vietnam on  31 August 1968 for assignment to Company A, 1st Battalion, 6th Infantry Regiment, 198th Light Infantry Brigade.  He was advanced to the pay grade of    E-4 on 22 January 1969.

3.  On 1 February 1969 the applicant was wounded by sniper fire (gunshot wounds to left arm and both hands) while on combat operations.  He was subsequently evacuated to a hospital in Japan on 15 February 1969 and on 21 February 1969 he was evacuated to the United States Naval Hospital in St. Albans, New York.

4.  On 25 May 1970 he was honorably retired by reason of permanent disability with a 60 percent disability rating.  He had served 2 years, 1 month, and 25 days of total active service.

5.  His DD Form 214 issued at the time of his discharge shows that he was awarded the Combat Infantryman Badge (CIB), the Vietnam Service Medal (VSM), the National Defense Service Medal, and the Republic of Vietnam Campaign Medal with Device 1960.

6.  A review of his records failed to show any orders for award of the Purple Heart.  However, his name is contained on the Vietnam Casualty Listing as being wounded on 1 February 1969.

7.  The DA Form 1577 provided by the applicant shows that RCPAC authorized issuance of awards of the Purple Heart, the Good Conduct Medal, the National Defense Service Medal, the VSM with four bronze service stars, the CIB, the Republic of Vietnam Campaign Medal, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

8.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), 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 for the Purple Heart.

9.  Army Regulation 600-8-22 (Military Awards) states 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.

10.  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.  It shows that the applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  It also shows that he participated in two campaigns while in Vietnam and is entitled to wear two bronze service stars on his already-awarded VSM. 

11.  Army Regulation 600-8-22 states a bronze service star, based on qualifying service for each campaign listed in appendix B will be worn on the appropriate service medal.  

DISCUSSION AND CONCLUSIONS:

1.  While there are no orders present in the available records to show his award of the Purple Heart, the evidence or record clearly establishes his entitlement to award of the Purple Heart.  Therefore, it is reasonable to presume that he was in fact awarded the Purple Heart as he claims and it should be added to his records at this time. 

2.  The applicant also served two tours in Vietnam and thus is entitled to be wear two bronze service stars on his already awarded VSM.

3.  Additionally, his unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and he is entitled to have that award added to his records as well.

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:

* Deleting the VSM from his DD Form 214
* Adding the Purple Heart, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the VSM with two bronze service stars to his      DD Form 214




      _______ _   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)                                         AR20100026917





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ABCMR Record of Proceedings (cont)                                         AR20100026917



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