IN THE CASE OF:	  

		BOARD DATE:	  21 June 2011

		DOCKET NUMBER:  AR20100028888 


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 in Vietnam in 1969 by shrapnel from a rocket propelled grenade while on guard duty in the turret of an armored personnel carrier 
* received wounds in his head, right hand, top of his right arm and shoulder, and the back of his right leg
* regained consciousness when he was in a temporary hospital in Saigon
* was flown to Japan for removal of fragments and partial bone grafts
* never received his Purple Heart or any benefits

3.  He provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

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 27 March 1968.

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

* Item 29 (Qualifications in Arms) he qualified as expert with the M-14 rifle, sharpshooter with the M-60 machinegun, and marksman with the M-16 rifle
* Item 31 (Foreign Service) he served in Vietnam from 15 December 1968 to 28 February 1969
* Item 38 (Record of Assignments) he was assigned to Troop F, 2nd Squadron, 11th Armored Cavalry Regiment from 21 December 1968 through 27 February 1969
* Item 38 he was hospitalized in a patient status from 28 February to         21 May 1969
* Item 40 (Wounds) no entries
* Item 41 (Awards and Decorations) no award of the Purple Heart

4.  His service record does not contain any orders which show he was awarded the Purple Heart.

5.  Review of The Adjutant General's Office, Casualty Division's Vietnam casualty listing shows the applicant's name is listed as a casualty, on 6 February 1969 under casualty status code "23."  This casualty code refers to "hostile wounded in action, not serious, hospitalized."

6.  His service record contains a DA Form 3349 (Medical Condition - Physical Profile Record), dated 8 May 1969, which shows he was placed on a temporary profile for a fragment wound to his left knee.

7.  On 20 April 1970, he was honorably released from active duty at the expiration of his term of service.  He completed 2 years of total active service.  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
* Combat Infantryman Badge
* Republic of Vietnam Campaign Medal with Device (1960)

8.  References:

	a.  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.

	b.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, the applicant participated in the following two campaigns:

* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* Tet 69 Counteroffensive, 1969 (23 February - 8 June 1969)

	c.  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.  Paragraph 6d states that 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. Army Vietnam, and its subordinate units, during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s service record does not contain orders which awarded him the Purple Heart.  However, his name is listed on the Vietnam casualty listing which shows he was wounded in action on 6 February 1969 in Vietnam and hospitalized.  Therefore, he is entitled to award of the Purple Heart for wounds received in action on 6 February 1969 and correction of his DD Form 214 to show this award.


2.  The applicant participated in two campaign phases during his service in Vietnam.  Therefore, he is entitled to two bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

3.  During his service in Vietnam, all Headquarters, U.S. Army Vietnam and subordinate units was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

4.  His DA Form 20 shows he qualified as a sharpshooter with the M-60 machinegun and marksman with the M-16 rifle.  Therefore, his DD Form 214 should be corrected to show these marksmanship qualifications.

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. deleting from item 24 of his DD Form 214 the Vietnam Service Medal;

   b.  awarding him the Purple Heart for wounds received in action on
6 February 1969; and

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

* Purple Heart
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation


* Sharpshooter Marksmanship Qualification Badge with Machinegun Bar (M-60)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)



      _______ _  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)                                         AR20100028888



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ABCMR Record of Proceedings (cont)                                         AR20100028888



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