IN THE CASE OF:	  

		BOARD DATE:	  30 June 2011

		DOCKET NUMBER:  AR20100028762 


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 two awards of the Purple Heart.

2.  He states he received the first award of the Purple Heart on or about 15 July 1967.  The second award of the Purple Heart was received for a punji stick wound.  

3.  He does not provide any additional evidence. 

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 military records show he was inducted into the Army of the United States on 10 November 1966.  He served in the Republic of Vietnam from 8 May 1967 to 5 May 1968 and was assigned to D Company, 5th Battalion, 7th Cavalry, 1st Cavalry Division.  He was honorably released from active duty on
8 November 1968.

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

* National Defense Service Medal
* Vietnam Service Medal (VSM)
* Republic of Vietnam Campaign Medal with Device (1960)
* 2 overseas service bars
* Combat Infantryman Badge

4.  Headquarters, 1st Cavalry Division, General Orders Number 7564, dated 
22 December 1967, awarded him the Purple Heart for wounds received on 
15 July 1967.  This order is contained in his military personnel record jacket (MPRJ).

5.  Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) shows the entry "Multi fragments left thigh."  The entry is dated 23 October 1967. 

6.  Additionally, his name is listed on the Vietnam Casualty Roster.  The roster verified that he was wounded as a result of hostile action on 23 October 1967.

7.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained 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.  Paragraph 2-8b(2) states that for the purpose of considering an award of the Purple Heart, a “wound” is defined as an injury to any part of the body from an outside force, element, or agent sustained while in action in the face of the armed enemy or as a result of a hostile act of such enemy.  

8.  Review of the applicant's DD Form 214 indicates that he is entitled to additional awards that are not shown on this form.  

9.  Item 41 (Awards and Decorations) of his DA Form 20 shows he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) by Special Orders Number 165.
10.  Headquarters, 1st Cavalry Division, General Orders Number 6738, dated      5 November 1967, awarded him the Air Medal for the period May 1967 to October 1967.  This order is contained in his MPRJ.

11.  Headquarters, 1st Cavalry Division, General Orders Number 2213, dated      12 April 1968, awarded him the Army Commendation Medal (ARCOM) for the period May 1967 to May 1968.  This order is contained in his MPRJ.

12.  Headquarters, 3d Basic Combat Training Brigade, U.S. Army Training Center, Infantry, Fort Dix, NJ, General Orders Number 43, dated 11 October 1968, awarded him the Army Good Conduct Medal (AGCM) (First Award) for the period 10 November 1966 to 9 November 1968.  This order is contained in his MPRJ.

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units which served in the Vietnam War.  This pamphlet shows 5th Battalion, 7th Cavalry was cited for the award of the Valorous Unit Award by Department of the Army General Orders (DAGO) Number 39, dated 1970 and the Republic of Vietnam Gallantry Cross with Palm Unit Citation by DAGO Number 59, dated 1969, during the period the applicant was assigned.

14.  Appendix B of Army Regulation 600-8-22 states that a bronze service star will be awarded for wear on the VSM for participation in each campaign.  His records indicate he participated in the following campaigns:

* Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)
* Tet Counteroffensive (30 January 1968 - 1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April 1968 - 30 June 1968)

DISCUSSION AND CONCLUSIONS:

1.  General Orders Number 7564 awarded the applicant the Purple Heart for wounds sustained on 15 July 1967.  Therefore, his records should be corrected to show this award.

2.  The Vietnam Casualty Roster shows he was wounded by a hostile force on 
23 October 1967.  Therefore, based on the evidence provided, he is entitled to the second award of the Purple Heart.

3.  General orders also show he was awarded the Air Medal, ARCOM, and the AGCM.  Therefore, his records should be corrected to show these awards.
4.  The evidence of record shows he is entitled to wear the Valorous Unit Award and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his records should be corrected to show these awards.

5.  The evidence shows he participated in four campaigns during his service in Vietnam.  Therefore, he is entitled to correction of his records to show four bronze service stars to be worn on his already-awarded VSM.

6.  The evidence also shows he qualified expert with the M-14.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

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 sustained on 23 October 1967;

   b.  deleting from item 24 of his DD Form 214 the VSM; and 

   c.  adding to item 24 of his DD Form 214 the Purple Heart (2nd Award); Air Medal; ARCOM; AGCM; VSM with four bronze service stars; the Valorous Unit Award; Republic of Vietnam Gallantry Cross with Palm Unit Citation; and Expert Marksmanship Qualification Badge with Rifle Bar (M-14).



      _______ _  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)                                         AR20100028762





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ABCMR Record of Proceedings (cont)                                         AR20100028762



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