IN THE CASE OF:	  

		BOARD DATE:	  12 May 2011

		DOCKET NUMBER:  AR20100027309 


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. 

2.  He states he was wounded on 5 September 1968 shortly before completion of his tour in Vietnam and his expiration term of service (ETS) date.  He went on another mission, came out of the jungle a week before his ETS, and was rushed back to the United States.  The last thing he thought about was his wound or the Purple Heart.  His family is now pushing him to correct this error.  He continues, stating he was treated at a Mobile Army Surgical Hospital several times before going on another mission.  Before he left, he was told he was put in for a Bronze Star Medal (BSM), Purple Heart, an Army Commendation Medal (ARCOM), and a promotion to sergeant/E-5.  His final pay voucher reflected his promotion and, after he returned to the United States, he received the BSM and ARCOM in the mail, but nothing else. 

3.  He provides:

* orders awarding him the BSM with "V" Device
* a statement from a former platoon leader in Company D, 3d Battalion, 12th Infantry, 4th Infantry Division

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 was inducted into the Army of the United States on 28 October 1966.  After completing initial entry training, he was awarded military occupational specialty 13A (Field Artillery Basic).  He was honorably released from active duty on 16 October 1968 after completing 1 year, 11 months, and 19 days of total active service.

3.  His DA Form 20 (Enlisted Qualification Record) shows in:

* item 38 (Record of Assignments) he was assigned for duty in Vietnam with Battery B, 6th Battalion, 29th Artillery, 4th Infantry Division, from 11 February to 13 October 1968
* item 40 (Wounds) – no entry
* item 41 (Awards and Decorations) – 

* National Defense Service Medal (NDSM) 
* Vietnam Service Medal (VSM)
* Vietnam Campaign Medal (VCM)
* ARCOM
* Overseas Service Bar
* BSM with "V" Device
* Purple Heart
* Army Good Conduct Medal (AGCM)
* Sharpshooter Marksmanship Qualification Badge (M-14)
* Expert Marksmanship Qualification Badge with Rifle Bar

4.  Item 41 of his DA Form 20 does not show the authority for award of the BSM with "V" Device, Purple Heart, or AGCM.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* NDSM
* Marksman Marksmanship Qualification Badge (M-14)
* Expert Marksmanship Qualification Badge (M-16)
* VCM
* VSM
* 1 Overseas Service Bar
* ARCOM

6.  A Standard Form 89 (Report of Medical History) completed on 16 October 1968 during his ETS processing shows he reported receiving treatment for a shrapnel wound to his right knee incurred on 4 September 1968.  The form shows a physician verified the wound.  

7.  His record includes General Orders Number 5699, issued by Headquarters, 4th Infantry Division, on 27 October 1968, announcing award of the BSM with "V" Device to him for his heroism on 5 September 1968.  The citation published in the orders shows he was attached to a patrol from Company D, 3d Battalion, 12th Infantry, on that date.

8.  He provides a statement from a former platoon leader in Company D, 3d Battalion, 12th Infantry.  The former platoon leader states the applicant was wounded in the right knee on or about 4 September 1968. 

9.  His name is not shown on the Vietnam casualty roster.

10.  His records do not include general orders showing he was awarded the PH.

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 Awards and Decorations Branch of the U.S. Army Human Resources Command, failed to reveal orders awarding the PH to him.

12.  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 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.

13.  Army Regulation 600-200 (Enlisted Personnel Management), in effect at the time, governed the preparation of the DA Form 20.  It stated for item 41 to enter all awards, decorations, service medals, Good Conduct Medal, badges, and citations (including unit citations) the individual was authorized and which could be substantiated. 

14.  General Orders Number 5288, issued by Headquarters, 4th Infantry Division, on 1 October 1968, awarded him the AGCM (1st Award).

15.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon, to include the VSM, for each credited campaign.  His service coincided with three campaigns:  

* 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)

16.  Special Orders Number 174, issued by Headquarters, United States Army Training Center Infantry, Fort Lewis, WA, on 14 December 1966, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar for his qualification score with the M-14.

17.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the 6th Battalion, 29th Artillery, was cited for the following awards while he was assigned to the unit:

* Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation for the period 1 October 1966 to 31 October 1969, by Department of the Army General Orders (DAGO) Number 3, dated 1970
* RVN Civil Actions Honor Medal First Class Unit Citation for the period 1 October 1966 to 31 October 1969, by DAGO Number 53, dated 1970

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DA Form 20 shows an entry for the Purple Heart, indicating he was authorized the award and that his entitlement to the award could be substantiated.  The general circumstances of his injury are substantiated by an officer with whom he served and by medical records completed at the time of his ETS.  In view of the foregoing, it would be appropriate to award him the Purple Heart and correct his DD Form 214 to show this award.

2.  General orders awarded him the BSM with "V" Device and AGCM (1st Award).  Therefore, he is entitled to correction of his DD Form 214 to show these awards.  

3.  He was awarded the VSM.  His records show he participated in three campaigns while serving in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show three bronze service stars for wear on the previously-awarded VSM.

4.  Special orders show he qualified as a Sharpshooter with the M-14, but his DD Form 214 shows he qualified as a Marksman.  He is entitled to correction of his record to show the Sharpshooter Marksmanship Qualification Badge (M-14).

5.  He served in a unit that was awarded the RVN Gallantry Cross with Palm Unit Citation and RVN Civil Actions Honor Medal First Class Unit Citation for periods that coincide with his service in the unit.  Therefore, he is entitled to correction of his record to show these unit awards.

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.  awarding him the Purple Heart for wounds received on 4 September 1968; 

	b.  deleting "MKM (M-14)" and "VSM" from item 24 of his DD Form 214; and

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

* BSM with "V" Device
* Purple Heart 
* AGCM (1st Award)
* VSM with three bronze service stars
* Sharpshooter Marksmanship Qualification Badge (M-14)




* RVN Gallantry Cross with Palm Unit Citation
* RVN 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)                                         AR20100027309





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ABCMR Record of Proceedings (cont)                                         AR20100027309



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