BOARD DATE:	  24 May 2011

		DOCKET NUMBER:  AR20100027671 


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.  The applicant states he was shot and wounded in the chest during his tour in Vietnam.  He was initially hospitalized in a field hospital in Vietnam and transferred to Japan and Scott Air Force Base, IL, and ultimately Fort Leonard Wood, MO.

3.  The applicant provides:

* DD Form 214
* Standard Form 502 (Narrative Summary)
* DA Forms 8-275-2 and 8-275-3 (Clinical Record Cover Sheet)

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 records show he enlisted in the Regular Army on 30 January 1968 and held military occupational specialty 12A (Pioneer).  He served in Vietnam from 12 January 1969 to 28 August 1969.  He was assigned to Company D, 35th Engineer Battalion.

3.  He was transferred in a patient status to the 249th General Hospital, Okinawa, on 28 August 1969 and ultimately to Fort Leonard Wood, MO, on 21 November 1969.

4.  He was honorably released from active duty on 29 January 1971 in the rank/grade of private first class (PFC)/E-3 and transferred to the U.S. Army Reserve Control Group to complete his remaining service obligation.

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

* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* National Defense Service Medal
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Campaign Medal with "1960" Device

6.  His records contain a Department of the Army message, dated 21 August 1969, that shows the applicant suffered a gunshot wound to the chest on 18 August 1969 while riding as a passenger in a truck when he was hit by hostile sniper fire.  

7.  His records also contain a Western Union message-gram, dated 20 August 1969, informing the applicant's parents that he was wounded in action in Vietnam on 18 August 1969 by small arms fire while a passenger on a military vehicle on a military mission when a hostile force was encountered.  He received a wound to his chest.

8.  His records contain multiple medical documents confirming his gunshot wound to the left chest by hostile small arms fire in Phang Heip, Vietnam, on 18 August 1969 and his subsequent treatment at the 29th Evacuation Hospital, Binh Thuy, Vietnam, and the 249th General Hospital, Camp Drake, Japan.

9.  One of the multiple DA Forms 8-275-3, prepared by the 29th Evacuation Hospital on 26 August 1969, contains the entry "PH awarded this station, GO # 156, 19 August 1969" indicating that the applicant was awarded the Purple Heart by authority of General Orders Number 156, issued by the 29th Evacuation Hospital on 19 August 1969.

10.  A review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

11.  Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

12.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows during his service in Vietnam, participation credit was awarded for the below campaigns.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign:

* Vietnam Counteroffensive Phase VI (2 November 1968 to 22 February 1969)
* Tet 69 Counteroffensive (23 February 1969 to 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June to 31 October 1969)

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant the Purple Heart for wounds received in action on 18 August 1969 in Vietnam which is not shown on his records; therefore, he is entitled to correction of his records to show this award.

2.  General orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not shown on his records; therefore, he is entitled to correction of his records to show this unit award.

3.  The evidence of record shows he was awarded the Vietnam Service Medal.  Additionally, he participated in three campaigns while serving in the Republic of Vietnam; therefore, he is entitled to three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.





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 adding to his DD Form 214 the:

* Purple Heart
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Three bronze service stars to be affixed to his already-awarded Vietnam Service Medal



      _______ _  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)                                         AR20100027671



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ABCMR Record of Proceedings (cont)                                         AR20100027671



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