IN THE CASE OF:	  

		BOARD DATE:	    30 August 2011

		DOCKET NUMBER:  AR20110003891 


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 wounded in action on 19 November 1967 and he was awarded the Purple Heart; however, it is not listed on his DD Form 214.

3.  The applicant provides a copy of his DD Form 214 and three DA Forms 2139 (Military Pay Voucher). 

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 enlisted in the Regular Army on 20 October 1965 for a period of 3 years.  He completed training and he was awarded military occupational specialty 11C (Infantry Indirect Fire Crewman).  The highest rank/grade he attained while serving on active duty was sergeant (SGT)/E-5.

3.  He was honorably released from active duty on 18 October 1968 at the expiration of his term of service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* Army Commendation Medal
* Army Good Conduct Medal
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Parachutist Badge

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

	a.  Item 31 (Foreign Service) he served in Vietnam from 2 June 1967 through 3 January 1968.

	b.  Item 38 (Record of Assignments) he was assigned to 2d Battalion, 503d Infantry, 173d Airborne Brigade in Vietnam from 5 June 1967 through 3 January 1968.

	c.  Item 38 he was reassigned to the Medical Holding Detachment,
249th General Hospital, Camp Drake, Japan in a patient status.

	d.  Item 40 (Wounds) the entry "fragment wound head, 19 November 1967."

	e.  Item 41 (Awards and Decorations) the:

* Parachutist Badge
* National Defense Service Medal
* Vietnam Service Medal
* Combat Infantryman Badge
* Republic of Vietnam Campaign Medal with Device (1960)


* Expert Marksmanship Qualification Badge with Automatic Rifle Bar
(M-16)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

5.  Review of The Adjutant General's Office, Casualty Division's Vietnam casualty listing shows the applicant's name is listed as a casualty on 19 November 1967 under casualty status code "23."  This casualty code refers to "hostile wounded in action, not serious, hospitalized."

6.  The applicant provided copies of three DA Forms 2139 that show he was wounded in action on 19 November 1967.

7.  General Orders Number 222, issued by Headquarters, 173rd Airborne Brigade, dated 13 January 1968, awarded the applicant the Army Commendation Medal with "V" Device for heroism in the Republic of Vietnam on 24 October 1967.

8.  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.

9.  A review of the applicant's records reveals he is entitled to additional awards and decorations.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the unit to which the applicant was assigned was cited for award of the

* Presidential Unit Citation for the period 6 through 23 November 1967, by Department of the Army General Order (DAGO) Number 5, dated 1979
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 5 May 1965 through 26 September 1970 by DAGO Number 51, dated 1971

11.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  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 Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968) campaign.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show his award of the Purple Heart was carefully considered and determined to have merit.

2.  The Vietnam casualty listing shows that on 19 November 1967 the applicant was wounded in action and hospitalized as a result of hostile action.  Therefore, his DD Form 214 should be corrected to show the Purple Heart.

3.  General orders awarded the applicant the Army Commendation Medal with "V" Device; however, his DD Form 214 only shows the Army Commendation Medal.  Therefore, his DD Form 214 should be corrected to show the addition of the "V" Device.

4.  The applicant participated in one campaign phase during his service in Vietnam.  Therefore, he is entitled to one bronze service star for wear on his already-awarded Vietnam Service Medal and his DD Form 214 should be corrected to show this bronze service star.

5.  The applicant's unit was cited for award of the Presidential Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his service in Vietnam.  Therefore, his DD Form 214 should be corrected to show these unit awards.

6.  Records show the applicant qualified expert with the M-16 automatic rifle and sharpshooter with the M-14 rifle.  Therefore, his DD Form 214 should be corrected to show these marksmanship qualification badges.

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.  deleting from item 24 of his DD Form 214 the Army Commendation Medal and the Vietnam Service Medal, and

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

* Purple Heart
* Army Commendation Medal with "V" Device
* Vietnam Service Medal with one bronze service star
* Presidential Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Automatic Rifle Bar
(M-16)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)



      __________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)                                         AR20110003891



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110003891



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1