IN THE CASE OF:	  

		BOARD DATE:	  23 August 2011

		DOCKET NUMBER:  AR20110007902 


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, in effect, he should have been awarded the Purple Heart for wounds he received in action in Vietnam.

3.  The applicant provides:

* a self-authored statement
* a copy of page 3 from his DA Form 20 (Enlisted Qualification Record),
* two DA Forms 3647 (Clinical Record Cover Sheet)
* a Standard Form 502 (Clinical Record - Narrative Summary)
* a DA Form 8-275-1 (Clinical Record Cover Sheet)

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 7 November 1969.  He completed his training and he was awarded military occupational specialty 63B (wheel vehicle repairman).  The highest rank/grade he attained while serving on active duty was sergeant (SGT)/E-5.

3.  His DA Form 20 contains the following pertinent information:

* Item 31 (Foreign Service) shows he served in:

* USARPAC (Korea) from 17 December 1967 to 20 December 1968
* USARPAC (Vietnam) from 10 November 1970 to 8 April 1971

* Item 38 (Record of Assignments) show that during his tour of duty in Vietnam he was:

* assigned to Headquarters and Headquarters Company, 1st Battalion, 501st Infantry from 11 January 1971 to 8 April 1971
* reassigned to the U.S. Army Hospital, Okinawa on 8 April 1971 in a patient status

* Item 40 (Wounds ) is blank
* Item 41 (Awards and Decorations) does not show award of the Purple Heart

4.  He was discharged on 26 July 1972.  He completed 5 years and 18 days of total active service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD form 214 shows the:

* Armed forces Expeditionary Medal (Korea)
* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)


5.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders for the Purple Heart pertaining to the applicant.

6.  Review of The Adjutant General's Office, Casualty Division's Vietnam casualty listing shows the applicant's name with a date of casualty of 28 March 1971 under casualty status code "26."  This casualty code refers to "hostile wounded in action, not serious, hospitalized, no notification."

7.  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.

8.  A review of the applicant's record shows that he is entitled to additional awards and decorations.

9.  Army Regulation 600-8-22 states the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the 1st Battalion, 501st Infantry, the unit to which the applicant was assigned, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 March through 9 October 1971 by Department of the Army General Order Number 6, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention he should be awarded the Purple Heart for wounds he received while serving in Vietnam was carefully considered and determined to have merit.

2.  The evidence clearly shows he sustained a wound as a result of hostile action on 28 March 1971 while serving in Vietnam and that he was hospitalized and treated for his wounds.  Therefore, he is entitled to award to the Purple Heart and correction of his DD Form 214 to show this award.

3.  The applicant served in Korea during a qualifying period of service for entitlement to the Korea Defense Service Medal.  Therefore, his DD Form 214 should be corrected to show this award.

4.  His unit in Vietnam was cited for award of the Republic of Vietnam Gallantry Cross with Palm during his period of assignment.  Therefore, he is entitled to correction of his DD Form 214 to show this foreign unit 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 in action on 28 March 1971, and

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

* Purple Heart
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Korea Defense Service Medal



      _______ _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)                                         AR20110007902



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110007902



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1