IN THE CASE OF:	  

		BOARD DATE:	  29 September 2011

		DOCKET NUMBER:  AR20110006216 


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 that he be awarded the Purple Heart and all other awards to which he is entitled.

2.  The applicant states that he sustained a severe wound to the right knee during an ambush and was medically evacuated to Korea and he never received the award of the Purple Heart; however, he was awarded a 10% disability rating for his injury by the Department of Veterans Affairs (VA).

3.  The applicant provides three pages of explanation and documents related to medical treatment/surgery of his knees in Switzerland.

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 in Chicago, Illinois on 6 June 1966.  He completed his basic training at Fort Polk, Louisiana and his advanced individual training as an infantry indirect fire crewman at Fort Gordon, Georgia before being transferred to Fort Benning, Georgia for airborne training.

3.  He completed his airborne training and was transferred to Fort Bragg, North Carolina initially for assignment to the 2d Battalion, 325th Parachute Infantry Regiment (PIR).  On 1 April 1967 he was transferred to Headquarters and Headquarters Company, 3d Battalion, 503rd PIR.

4.  On 3 October 1967 he was transferred to Vietnam with his unit.  His records show that from 28 November to 3 December 1967, the applicant was a patient in the 91st Evacuation Tuy Hoa, South Vietnam.

5.  After serving in two campaigns, he departed Vietnam on 20 February 1968 for assignment to A Troop, 4th Squadron, 7th Cavalry Regiment in Korea.  He remained in Korea until 2 June 1968 when he was transferred to Fort Lewis, Washington and was honorably released from active duty (REFRAD) as an overseas returnee.  He had served 1 year, 11 months and 24 days of active service.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) issued at the time of his REFRAD reflects that he was awarded the National Defense Service Medal, the Vietnam Service Medal (VSM), the Combat Infantryman Badge and the Parachutist Badge.

6.  A review of his official records failed to show any evidence to show that the applicant was wounded or injured as a result of enemy action or that treatment for such injuries were made a matter of record.  Additionally, the applicant’s name is not contained on the Vietnam Casualty Listing.

7.  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 for award of the Purple Heart or any other awards.

8.  Information contained in his official records indicates that while serving in Vietnam, the applicant’s mother initiated a congressional inquiry requesting that one of her two sons who were both in Vietnam be sent home.  The applicant elected to leave and was transferred to Korea.  He made an election not to extend to complete a tour in Korea.

9.  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.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It shows that the FSM's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he served with the unit. 

11.  Army Regulation 600-8-22 states a bronze service star based on qualifying service for each campaign listed in appendix B will be worn on the appropriate service medal.

DISCUSSION AND CONCLUSIONS:

1.  While the sincerity of the applicant’s claim that he was wounded/injured in Vietnam is not in doubt, the evidence submitted with his application and the evidence of record fails to show that he was injured as a result of enemy action and that treatment for his injuries was made a matter of record.  Therefore, absent such evidence, there appears to be no basis to award him the Purple Heart at this time. 

2.  However, the applicant did serve in two campaigns in Vietnam and thus is entitled to wear two bronze service stars on his already awarded VSM.

3.  Additionally, his unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he was assigned to the unit and therefore he is entitled to have that award added to his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__X_____  ___X____  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* Deleting his award of the VSM from his DD Form 214
* Adding the award of the VSM with two bronze service stars to his DD Form 214
* Adding the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to his DD Form 214.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the Purple Heart.

3.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Vietnam War.  The applicant and all Americans should be justifiably proud of his service in arms.




      ________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)                                         AR20110006216





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ABCMR Record of Proceedings (cont)                                         AR20110006216



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