BOARD DATE:	  18 August 2011

		DOCKET NUMBER:  AR20110002827 


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 awarded the Purple Heart for wounds received in action on 13 January 1968.

3.  The applicant provides a copy of his DD Form 214, a self authored statement, and a copy of his Purple Heart certificate.

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, and 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.  Records show he enlisted in the Regular Army on 8 March 1966.  He completed the training requirements and he was awarded military occupational specialty 11D (Armor Intelligence Specialist).  The highest rank/pay grade he attained while serving on active duty was sergeant/E-5.  On 29 November 1968, he was released from active duty and transferred to the United States Army Reserve Control Group (Reinforcement).

3.  His DA Form 20 (Enlisted Qualification Record) contains the following pertinent information:

* Item 31 (Foreign Service) shows he served a tour of duty in the Republic of Vietnam during the period 5 December 1967 through 4 December 1968
* Item 38 (Record of Assignments) show that during his tour of duty in the Republic of Vietnam he served with Company E, 20th Infantry, 11th Infantry Brigade
* Item 40 (Wounds) contains no entries
* Item 41 (Awards and Decorations) does not show award of the Purple Heart

4.  The applicant provided a Purple Heart Certificate which shows he was awarded the Purple Heart for wounds sustained in action on 13 January 1968.  

5.  A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), 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 applicant.

6.  The Vietnam Casualty Roster shows he sustained a wound as a result of hostile fire on 13 January 1968, he was hospitalized, and treatment for his wounds.

7.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for wounds 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 a 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.

8.  A review of the applicant's record shows he is entitled to additional awards and decorations.

9.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in, and a silver service star is authorized in lieu of five bronze service stars to be worn on the appropriate campaign medal.  Appendix B shows that during his service in Vietnam, the applicant participated in the following six 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 Jun2 1968)
* Vietnam Counteroffensive, Phase V (1 July 1968 - 1 November 1968)
* Vietnam Counteroffensive, Phase VI (2 November 1968 - 22 February 1969)

10.  Department of the Army General Orders 2 (DAGO), dated 1971, awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to his unit for achievement during the period of 2 November 1968 through 28 February 1969.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show award of the Purple Heart was carefully considered and determined to have merit.

2.  The evidence clearly shows he sustained a wound as a result of hostile fire on 13 January 1968 while serving in the Republic of Vietnam and that he was hospitalized to receive treatment for his wound.  Therefore, he is entitled to award of the Purple Heart.

3.  His records show he was awarded the Vietnam Service Medal.  The evidence shows he participated in six campaigns during his service in the Republic of Vietnam.  Therefore, he is eligible for the wear of one silver service star and one bronze service star to be affixed to his previously awarded Vietnam Service Medal.

4.  General Orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation during a period of time the applicant was assigned to the unit.  Therefore, he is entitled to have his records corrected to show this unit 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; and

	b.  adding the following awards to his DD Form 214, Item 24: 

* the Purple Heart
* the Republic of Vietnam Gallantry Cross with Palm Unit Citation
* one silver service star and one bronze service star to worn with his previously 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)                                         AR20110002827



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ABCMR Record of Proceedings (cont)                                         AR20110002827



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