IN THE CASE OF:	  

		BOARD DATE:	  4 May 2011

		DOCKET NUMBER:  AR20100027042 


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 the Purple Heart (PH) be added to his record and DD Form 214 (Armed Forces Report of Transfer or Discharge).

2.  The applicant states he was awarded the PH for being wounded in action while serving in the Republic of Vietnam (RVN).  However, it is not reflected on his DD Form 214.  He has proof of his injuries as well as the actual award.

3.  The applicant provides medical treatment records, dated 27 July and 8 August 1968, in support of his application.

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's record shows he enlisted in the Regular Army on 26 January 1962.  He reenlisted on 13 October 1964 and again on 17 November 1966.  He initially held and served in military occupational specialty (MOS) 13B (Field Artillery).  He later held and served in MOS 71B (Clerk Typist).

3.  The record shows the applicant served in the RVN from 12 October 1967 through 5 October 1968.  The Adjutant General's (TAG) Office 201 File provided to the Board contains orders issued by Headquarters, 1st Air Cavalry Division, which awarded the applicant the Army Commendation Medal (ARCOM) for meritorious service in the RVN from October 1967 to October 1968.  There are no military personnel or service records in the TAG 201 File and it is void of PH orders.

4.  On 18 September 1972, the applicant was honorably released from active duty in the rank of specialist five/E-5 for the purpose of joining an Army National Guard unit.  The DD Form 214 he was issued at the time shows he completed a total of 10 years, 7 months, and 23 days of active military service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows he earned the following awards:

* National Defense Service Medal 
* Vietnam Service Medal
* RVN Campaign Medal
* ARCOM
* two overseas service bars
* Army Good Conduct Medal (2nd Award)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

5.  The applicant provides a Standard Form 502 (Clinical Record – Narrative Summary), dated 28 July 1968, which shows he was treated for multiple fragment wounds to his left leg and forearm and right thigh.  He also provides a DA Form 8-275 (Clinical Record Cover Sheet), dated 29 July 1968, issued by the 95th Evacuation Hospital, RVN.  This document shows he was hospitalized from 23 July through 28 July 1968 and had been treated for multiple fragment wounds to his left leg and forearm and right thigh.  It indicates the wounds were the result of mortar fire and the administrative data section of the form indicates the PH was not awarded at that station.

6.  During the processing of this case, a member of the Board staff reviewed the Department of the Army Vietnam casualty roster.  This roster contains an entry for the applicant confirming he was wounded in action in the RVN on 23 July 1968.

7.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Paragraph 2-8 contains guidance on award of the PH.  It states in order to support award of the PH there must be evidence the wound for which the award is being made was received as a result of enemy action, it required treatment by military medical personnel, and a record of the medical treatment must have been made a matter of official record.

8.  Paragraph 2-13 of Army Regulation 600-8-22 contains guidance on the VSM.  It states a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN.  Table B-1 contains a list of campaigns and shows that during the applicant's tenure of assignment in the RVN, participation credit was granted for the following four campaigns:

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

9.  Department of the Army General Orders Number 8, dated 1974, announced award of the RVN Gallantry Cross with Palm Unit Citation for service in Vietnam between 8 February 1962 and 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the PH he was awarded should be added to his record and DD Form 214 has been carefully considered and is found to have merit.  The evidence of record confirms the applicant was wounded in action in the RVN on 23 July 1968, as evidenced by an entry on the Vietnam casualty roster and the medical treatment records provided by the applicant.  Therefore, it would be appropriate to add the PH to his record and 18 September 1972 DD Form 214.

2.  The record also shows that based on his RVN service and campaign participation, the applicant is eligible for the RVN Gallantry Cross with Palm Unit Citation and four bronze service stars with his Vietnam Service Medal.  Therefore, it would also be appropriate to add these awards to his record and DD Form 214.



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 is 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 the Vietnam Service Medal from item 24 of his 18 September 1972 DD Form 214 and

	b.  adding the PH, Vietnam Service Medal with four bronze service stars, and RVN Gallantry Cross with Palm Unit Citation to item 24 of his 18 September 1972 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)                                         AR20100027042



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ABCMR Record of Proceedings (cont)                                         AR20100027042



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