IN THE CASE OF:	  

		BOARD DATE:	      21 September 2011

		DOCKET NUMBER:  AR20110005917 


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 add award of the Purple Heart.

2.  He states the award was not recorded on his DD Form 214.

3.  He provides no additional evidence.

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 was inducted into the Army of the United States on 22 January 1969.  After completion of training, he served in military occupational specialty 11B (Light Weapons Infantryman).

3.  His DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 27 July 1969 through on or about 31 August 1970.

4.  Item 38 (Record of Assignments) of his DA Form 20 shows he was assigned to Companies C and D, 2nd Battalion, 1st Infantry Regiment, 196th Infantry Brigade, during his service in Vietnam.

5.  Item 40 (Wounds) of his DA Form 20 is blank.

6.  Item 41 (Awards and Decorations) of his DA Form 20 shows he was awarded the:

* National Defense Service Medal (NDSM)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Vietnam Service Medal (VSM)
* Combat Infantryman Badge (CIB)
* Army Commendation Medal (ARCOM) (1st Oak Leaf Cluster)
* Republic of Vietnam (RVN) Campaign Medal with Device (1960)

7.  His record contains General Orders Number 848 and General Orders Number 2499, dated 20 January and 14 March 1970, respectively.  These orders show both of his ARCOM's were awarded for valor.

8.  His DD Form 214 shows he was honorably released from active duty on 3 May 1971 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training).  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of this form shows he was awarded the:

* ARCOM (1st Oak Leaf Cluster)
* RVN Campaign Medal with Device (1960)
* VSM with three bronze service stars
* NDSM
* CIB
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

9.  His name is recorded on the Vietnam casualty roster as having been wounded as a result of hostile action on 21 July 1970.  This entry also shows he was hospitalized as a result of his wounds.

10.  A review of the Awards and Decorations Computer-Assisted Retrieval System, 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 any orders awarding the applicant the Purple Heart.

11.  A review of his records indicates entitlement to additional awards which are not shown on his DD Form 214.

12.  Department of the Army General Orders Number 8, dated 1974, announced award of the RVN Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the campaign periods for the Vietnam era.  Four designated campaigns coincide with the applicant's period of service:

* Vietnam Summer-Fall 1969, 9 June 1969-31 October 1969
* Vietnam Winter-Spring 1970, 1 November 1969-30 April 1970
* DA Sanctuary Counteroffensive, 1 May 1970-30 June 1970
* Vietnam Counteroffensive Phase VII, 1 July 1970-30 June 1971

14.  Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance on the VSM.  It states that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.

15.  Army Regulation 600-8-22 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 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.

16.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) governed the military awards program in Vietnam during the Vietnam War.  This regulation stated that authority to award the Purple Heart was delegated to hospital commanders.  Further, 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.



DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was wounded on 21 July 1970 as a result of hostile action.  His wounds required treatment by medical personnel and the medical treatment was made a matter of official record.

2.  U.S. Army Vietnam Regulation 672-1 stated the hospital commander would award the Purple Heart to personnel hospitalized for more than 24 hours.  It appears an administrative oversight occurred which resulted in the Purple Heart not being properly awarded or annotated on his DD Form 214.  Therefore, it would be appropriate to award him the Purple Heart and to correct his DD Form 214 to show this award.

3.  General orders awarded the applicant two ARCOM's with "V" Device.  His DD Form 214 incorrectly shows the ARCOM (1st Oak Leaf Cluster).  As a result, it would be appropriate to amend his DD Form 214 to show the ARCOM with "V" Device (2nd Award).

4.  His unit was awarded the RVN Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to have his DD Form 214 reflect this unit award.

5.  The applicant's DD Form 214 shows he was awarded the VSM with three bronze service stars.  The evidence shows he served in four campaigns during his tour in Vietnam.  As a result, he is entitled to correction of his DD Form 214 to show the VSM with four bronze service stars.

BOARD VOTE:

___X____  ___X___  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 21 July 1970,

	b.  deleting the ARCOM (1st Oak Leaf Cluster) and the VSM with three bronze service stars from item 24 of his DD Form 214, and

	c.  adding the following awards to item 24 of his DD Form 214:

* Purple Heart
* ARCOM with "V" Device (2nd Award)
* VSM with four bronze service stars
* RVN Gallantry Cross with Palm 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)                                         AR20110005917



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ABCMR Record of Proceedings (cont)                                         AR20110005917



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