BOARD DATE:	  13 September 2011

		DOCKET NUMBER:  AR20110003848 


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 and correction of his
DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show this award.

2.  The applicant states he was wounded (hit in the neck with mortar fragmentation) while serving in Vietnam.

3.  The applicant provides:

* his DD Form 214
* a memorandum, subject:  Potential (personal property) Claim of (Applicant's name, rank, and service number)
* a Headquarters, 52nd Aviation Battalion, Camp Holloway Attack Narrative, dated 12 February 1965

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 7 November 1963 and he held military occupational specialty 71H (Personnel Specialist).  He served in Vietnam from 26 November 1964 to 9 February 1965.  He was assigned to the 545th Transportation Detachment of the 52nd Aviation Battalion.

3.  Section 8 (Wounds Received Through Enemy Action) of his DA Form 24 (Service Record) shows the entry mortar fragmentation on 9 February 1965.

4.  Item 33 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he was reassigned to the Medical Holding Company, Letterman General Hospital, San Francisco, CA, on 9 February 1965 in a patient status.  On 23 March 1965, a DA Form 8-274 (Medical Condition - Physical Profile Record) returned the applicant to light duty.  This form shows the entry "shrapnel wounds, right scapula, arms and hands, treated, improved."

5.  He was honorably released from active duty on 5 November 1965 at the expiration of his term of service and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation.  The applicant's DD Form 214 issued at the time shows in:

	a.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) the:

* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Armed Forces Expeditionary Medal (Vietnam)
* Army Good Conduct Medal

	b.  Item 27 (Wounds Received as a Result of Action with Enemy Forces) the entry "Mortar Fragmentation, neck, 9 Feb 65, Pleiku, Vietnam."

6.  The applicant submitted a memorandum regarding filing a claim for personal or property damage in Pleiku, Vietnam on 7 February 1965, and a narrative of an attack on his camp, dated 12 February 1965. 

7.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained while in action against and 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.

8.  Army Regulation 600-8-22 states the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and
30 November 1995, and 11 September 2001 and a date to be determined.

9.  Army Regulation 600-8-22 states the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant suffered a mortar fragmentation wound on 9 February 1965 as a result of hostile action and he was subsequently evacuated to the United States and treated for this wound.  Therefore, he is entitled to award of the Purple Heart and correction of his DD Form 214 to show this award.

2.  The applicant served a qualifying period of service for award of the National Defense Service Medal.  Therefore, his DD Form 214 should be corrected to show this award.

3.  He arrived in Vietnam on 26 November 1964.  He was wounded as a result of hostile action on 9 February 1965 and he was evacuated prior to completing
6 months of service in Vietnam.  Therefore, he is entitled to the Republic of Vietnam Campaign Medal with Device (1960) and correction of his DD Form 214 to show this 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 for wounds received as a result of hostile action on 9 February 1965, and

	b.  adding to item 26 of his DD Form 214 the:

* Purple Heart
* National Defense Service Medal
* Republic of Vietnam Campaign Medal with "1960" Device



      __________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)                                         AR20110003848



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ABCMR Record of Proceedings (cont)                                         AR20110003848



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