IN THE CASE OF:	

		BOARD DATE:	  27 September 2011

		DOCKET NUMBER:  AR20110003192 


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 records to show award of the Purple Heart and Army Commendation Medal.

2.  The applicant states he was wounded in action in the Republic of Vietnam (RVN) in 1968.  He also states he was awarded the Army Commendation Medal, but it does not appear on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

3.  The applicant provides:

* orders, certificate and citation for the Army Commendation Medal
* a DA Form 8-275-3 (Clinical Record Cover Sheet)

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 served in the Army of the United States (AUS) from 1 August 1967 through 5 April 1969.  He served in the RVN from 5 April 1968 to 4 April 1969 as an infantryman with Company D, 5th Battalion, 12th Infantry.

3.  The applicant's records contain a DA Form 20 (Enlisted Qualification Record) which shows:

* in Item 40 (Wounds) "Mult[iple] frags [fragmentation wounds] to face (No eye damage) 17 Aug[ust] 1968"
* in Item 41 (Awards and Decorations)

* National Defense Service Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Republic of Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal
* Combat Infantryman Badge
* Good Conduct Medal

4.  The applicant provided a DA Form 8-275-3 which shows he was WIA [wounded in action] at 1500 hours, 17 August 1968 during a firefight near Saigon. It shows he was admitted to the 3rd Field Hospital on 17 August 1968 and transferred to the 36th Evacuation Hospital on 21 August 1968.  He was ultimately transferred to the 6th Convalescent Hospital from which he returned to duty on 25 September 1968.  A note states "Purple heart not awarded this station."

5.  The applicant provided General Orders Number 487, Headquarters, 199th Infantry Brigade (Light), RVN, dated 3 April 1969, awarding him the Army Commendation Medal for meritorious service from April 1968 – April 1969.

6.  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.

7.  US Army Vietnam Regulation 672-1 (Decorations and Awards) stated the authority to award the Purple Heart was delegated to hospital commanders.  It directed that all personnel treated and released within 24 hours would be awarded the Purple Heart by the organization to which the individual was assigned.  Personnel requiring hospitalization in excess of 24 hours or evacuation from Vietnam would be awarded the Purple Heart directly by the hospital commander rendering treatment.

8.  Army Regulation 600-8-22 (Military Awards) provides the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.  During the applicant's tenure in Vietnam, there were four named campaigns.  They were:

* Vietnam Counteroffensive Phase IV, 2 April 1968 - 30 June 1968
* Vietnam Counteroffensive Phase V, 1 July 1968 - 1 November 1968
* Vietnam Counteroffensive Phase VI, 2 November 1968 - 22 February 1969
* Tet 69 Counteroffensive 1969, 23 February 1969 - 8 June 1969

9.  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 applicant's unit, 5th Battalion, 12th Infantry, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 19 June 1968 to 31 July 1970 by Department of the Army General Orders (DAGO) Number 51, dated 1971.  The unit was also cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period April 1968 to 31 August 1970 by DAGO Number 51, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests award of the Purple Heart and the addition of the Army Commendation Medal and Purple Heart to his DD Form 214.

2.  The applicant's records show he was wounded on 17 August 1968 and was hospitalized from 17 August to 25 September 1968.  He should have been awarded his Purple Heart by the hospital commander; however, the DA Form 8-275-3 provided by the applicant indicates this was not done.  The applicant should be awarded the Purple Heart and it should be added to his DD Form 214.

3.  The applicant provided orders awarding him the Army Commendation Medal.  This award should be added to his DD Form 214.



4.  The applicant is entitled to other awards which do not appear on his DD Form 214.  He is entitled to:

* the Republic of Vietnam Gallantry Cross with Palm Unit Citation
* the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* 4 bronze service stars to be worn on his already awarded Vietnam Service Medal

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:

* awarding him the Purple Heart for wounds received in the RVN on 17 August 1968
* deleting the Vietnam Service Medal from his DD Form 214
* adding to his DD Form 214 the Army Commendation Medal, Purple Heart, Vietnam Service Medal with 4 bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and 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)                                         AR20110003192





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ABCMR Record of Proceedings (cont)                                         AR20110003192



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