BOARD DATE:	  30 June 2011

		DOCKET NUMBER:  AR20100030424 


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.  The applicant states that he was wounded with shrapnel from a rocket propelled grenade (RPG) while in a battle with the Viet Cong (VC) on 18 July 1967 and he was never awarded the Purple Heart.

3.  The applicant provides:

* his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* his DA Form 20 (Enlisted Qualification Record)

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 in Sioux Fall, SD with a moral waiver on 4 August 1966.  He was initially transferred to Fort Lewis, WA for processing and on
10 August 1966 the applicant declared himself as a conscientious objector based on his religious beliefs and requested assignment to noncombatant duties.

3.  He was transferred to Fort Sam Houston, TX for modified basic training and advanced individual training as a medical corpsman.  He completed his training and he was transferred to Vietnam on 12 February 1967 for initial assignment to Headquarters and Headquarters Troop, 3d Squadron, 4th Cavalry Regiment.

4.  Item 40 (Wounds) of his DA Form 20 shows the entry "MFW:  Face, (L) Shoulder, & Chest, 18 Jul 67," that indicates he received multiple fragment wounds to his face, left shoulder, and chest on 18 July 1967.

5.  On 8 October 1967, the applicant was reassigned to the 12th Evacuation Hospital for duty as a ward attendant.  On 7 December 1967, he requested reassignment to the 3d Evacuation Hospital and his request was disapproved on 22 December 1967.

6.  The applicant departed Vietnam on 4 February 1968 and was transferred to the Naval Air Station at Olathe, KS where he remained until he was honorably released from active duty (REFRAD) on 2 August 1968 due to the expiration of his term of service (ETS).  He had served 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:

* National Defense Service Medal
* Vietnam Service Medal (VSM)
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Good Conduct Medal (1st Award)

7.  A review of the applicant’s official records failed to show that the applicant was awarded the Purple Heart.  The applicant’s name is also not contained on the Vietnam casualty listing.

8.  The applicant’s record does contain a Standard Form (SF) 89 (Report of Medical History) that was completed as his final separation medical examination for the purpose of ETS.  Item 39 (Physician's Summary and Elaboration of all 


Pertinent Data) contains the entry "Multiple wounds - shoulder, chest, face, left eardrum, 1967; apparent good recovery.  This form is signed by the physician/examiner on 5 June 1968.

9.  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 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.

10.  Army regulation 600-200 (Enlisted Personnel Management), chapter 9, of the version in effect at the time, stated that a brief description of wounds or injuries (including injury from gas) requiring medical treatment received through hostile or enemy action, including those requiring hospitalization would be entered in Item 40 of the DA Form 20.  This regulation further stated that the date the wound or injury occurred would also be placed in Item 40.

11.  Army Regulation 600-8-22 states the VSM is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  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 three 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 - 1 April 1968)

12.  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 3rd Squadron, 4th Cavalry Regiment, the unit to which the applicant was assigned from 16 February 1967 through 7 October 1967, was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period March 1966 through August 1968 by Department of the Army General Order (DAGO) Number 48, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 15 March 1966 through 21 January 1970 by DAGO Number 51, dated 1971


13.  Department of the Army Pamphlet 672-3 shows the 12th Evacuation Hospital, the unit to which the applicant was assigned from 8 October 1967 to 4 February 1968, was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 26 September 1966 through August 1968 by DAGO Number 48, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 November 1966 through 21 January 1970 by DAGO Number 51, dated 1971

14.  Department of the Army Pamphlet 672-3, paragraph 6 (Miscellaneous Information) states that not more than one award of the Republic of Vietnam Gallantry Cross Unit Citation may be worn by any individual.  Although wear of multiple awards of this unit citation badge is not authorized, official military personnel and historical records will indicate all awards received.

DISCUSSION AND CONCLUSIONS:

1. The applicant’s contention that he was wounded in Vietnam and should have been awarded the Purple Heart has been noted and appears to have merit.  The applicant was serving with the 4th Cavalry Regiment when he sustained fragmentation wounds to his face, left shoulder, and chest on 18 July 1967.  This is corroborated by his DA Form 20 and the comments by his physician on the
SF 89 completed during his ETS separation examination.

2.  Accordingly, it is reasonable to presume that the applicant's wound was the result of enemy action and that he should have been awarded the Purple Heart for his wounds.  Therefore, it would be appropriate award him the Purple Heart for wounds sustained as a result of hostile actions in Vietnam on 18 July 1967 and correction of his DD Form 214 to show this award.

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

4.  The applicant's units were cited for two awards each of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.


BOARD VOTE:

__x___  __x______  ____x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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 in Vietnam on 18 July 1967; and

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

* Purple Heart
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
(2nd Award)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (2nd Award)

2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      __________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)                                         AR20100030424



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ABCMR Record of Proceedings (cont)                                         AR20100030424



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