IN THE CASE OF:	  

		BOARD DATE:	    30 August 2011

		DOCKET NUMBER:  AR20110004264 


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 Vietnam and the Purple Heart is not listed on his DD Form 214.

3.  The applicant provides a copy of his DD Form 214 and extracts of his Department of Veterans Affairs rating decisional documents.

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.  His records show he enlisted in the Regular Army on 8 May 1967.  He was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  The highest rank/pay grade he attained while serving on active duty was specialist four/E-4.

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

	a.  Item 31 (Foreign Service) shows he served in Vietnam from 19 December 1967 to 27 February 1968.   He was assigned to Company A, 2d Battalion, 502nd Infantry.

	b.  Item 38 (Record of Assignments) shows he was a patient from 26 February 1968 to 6 July 1968.

	c.  Item 40 (Wounds) shows he received gunshot wounds to his abdomen.
	
	d.  Item 41 (Awards and Decorations) does not show award of the Purple Heart.

4.  The Vietnam Casualty Roster shows he sustained a wound as the result of hostile fire on 19 February 1968.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded or authorized to wear the:

* Bronze Star Medal with  "V" Device
* Vietnam Service Medal
* National Defense Service Medal
* Parachutist Badge

6.  The applicant provided extracts of his Department of Veterans Affairs rating decisional documents which contain a medical history of his Vietnam injuries and treatments.

7.  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.

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

9.  His record contains Special Orders Number 12, issued by Headquarters, 82nd Airborne Division, Fort Bragg, NC, dated 14 January 1969, which show he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.

11.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Republic of Vietnam Campaign Medal with Device (1960).  This medal 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 qualified for award of the Vietnam Service Medal and served for less than six months of service but:

* were wounded as a result of hostile action 
* were captured by hostile forces but later escaped or were rescued or released
* were killed in action or otherwise in line of duty

are also entitled to award of the Republic of Vietnam Campaign Medal with Device (1960).

12.  Army Regulation 600-8-22 provides for award of the Vietnam Service Medal.  Appendix B shows the campaigns for Vietnam.  During his tour in Vietnam he participated in two campaigns:  Vietnam Counteroffensive Phase III and TET Counteroffensive.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

13.  Department of the Army General Orders (DAGO) 8, dated 1974, awarded the Republic of Vietnam Gallantry Cross with Palm to Headquarters, United 


States Army Vietnam and its subordinate units during the period 20 July 1965 to          28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request that his military records be corrected to show award of the Purple Heart was carefully considered and determined to have merit.

2.  The evidence clearly shows he sustained wounds as the result of hostile fire on 19 February 1968 while serving in the Republic of Vietnam and he was hospitalized to receive treatment for his wounds.  Therefore, he is entitled to award of the Purple Heart for injuries sustained in Vietnam on 19 February 1968 and correction of his record to show this award.

3.  Although the record is void of a recommendation for award of the Combat Infantryman Badge, records show the applicant served in an infantry MOS while assigned to an infantry unit and participated with the unit while it was engaged in active ground combat with enemy forces.  Therefore, he is entitled to correction of his record to show award of the Combat Infantryman Badge. 

4.  Order awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation for accomplishments during his tenure in Vietnam.  Therefore, he is entitled to correction of his record to show this foreign unit award.

5.  The evidence shows the applicant completed a qualifying period of service for award of the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, he is entitled to correction of his records to show this campaign medal.

6.  Records show the applicant was previously awarded the Vietnam Service Medal.  Evidence shows he participated in two campaigns during his service in the Republic of Vietnam.  Therefore, he is eligible for award of two bronze service stars to be affixed to his previously-awarded Vietnam Service Medal.

7.  Orders awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  Therefore, he is entitled to correction of his record to show receipt of this badge.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  __X____  ___X____  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 the following:

* the Purple Heart for wounds received on 19 February 1968.
* the Combat Infantryman Badge

	b.  adding the following to his DD Form 214:
* the Purple Heart
* the Combat Infantryman Badge
* two bronze service stars be affixed to his previously-awarded Vietnam Service Medal
* the Republic of Vietnam Campaign Medal with Device
* the Republic of Vietnam Gallantry Cross with Palm Unit Citation
* the Sharpshooter Marksmanship Qualification Badge with Rifle Bar





      __________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)                                         AR20110004264



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110004264



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1