BOARD DATE:	5 July 2011

		DOCKET NUMBER:  AR20110000323 


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 believes his Purple Heart was overlooked.

3.  The applicant provides a copy of his Purple Heart Certificate and his DD Form 214.

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 1 September 1966.  He completed training and he was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  His DD Form 214 shows he was honorably released from active duty in the rank of sergeant/E-5 effective 30 August 1968.  He completed 1 year, 11 months, and 29 days of total active service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows the:

* National Defense Service Medal
* Bronze Star Medal
* Expert Marksmanship Qualification Badge with Rifle Bar
* Vietnam Service Medal with three bronze service stars
* Army Good Conduct Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge

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

	a.  item 38 (Record of Assignments) – in Vietnam he was assigned to Company A, 1st Battalion, 5th Infantry, 25th Infantry Division, from 25 February 1967 through 10 February 1968;

	b.  item 39 (Campaigns) – the Vietnam Counter Offensive Phase II, Vietnam Counteroffensive Phase III, and Vietnam Counteroffensive Phase (unknown);

	c.  item 40 (Wounds) – laceration of forehead and 3rd degree burns to both thighs, dated 25 April 1967; and

	d.  item 41 (Awards and Decorations) the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Bronze Star Medal
* two overseas bars
* Army Good Conduct Medal (1st Award)
* Expert Marksmanship Qualification Badge with Rifle Bar

5.  His available records do not contain orders for the Purple Heart.

6.  The applicant provides a copy of a certificate showing he was awarded the Purple Heart for wounds received in action on 25 April 1967.

7.  His available records include the following documents.

	a.  A copy of a Western Union Telegram addressed to Mrs. S____ B____ informed her that her husband [applicant] was slightly wounded in Vietnam on 25 April 1967 as a result of hostile action.  The telegram further states, "He sustained laceration of forehead and 1st and 2nd degree burns to both thighs.  He was a passenger in an armored personnel carrier on combat operation when vehicle struck hostile mine."

	b.  A Casualty Report shows the applicant was wounded in action at 1700 hours on 25 April 1967.

8.  The FSM's name is listed on the Vietnam casualty roster with a date of casualty of 25 April 1967 under casualty status code 23 indicating "hostile wounded in action – not serious – hospitalized."

9.  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 Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal orders for the Purple Heart pertaining to the FSM.

10.  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 1st Battalion, 5th Infantry, was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period January 1966-August 1968 by Department of the Army General Orders (DAGO) Number 48, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1966-21 January 1970 by DAGO Number 51, dated 1971, as amended by DAGO Number 9, dated 1979

DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows the applicant was wounded as a result of hostile action as corroborated by his name listed on the Vietnam casualty roster, casualty notification to next of kin, and his Purple Heart Certificate.

2.  During the applicant's assignment to 1st Battalion, 5th Infantry, in Vietnam, it was cited for award of the Republic of Vietnam Cross of Gallantry with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

3.  The applicant's DD Form 214 should be corrected to show these awards.
 
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 the following awards to item 24 of the applicant's DD Form 214:

* Purple Heart
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam 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)                                         AR20100006875



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ABCMR Record of Proceedings (cont)                                         AR20110000323



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