IN THE CASE OF:	  

		BOARD DATE:	  19 October 2011

		DOCKET NUMBER:  AR20110008051 


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) for the period ending 6 May 1971 to show award of the Purple Heart.

2.  He states, in effect, that he was awarded the Purple Heart for wounds he received while serving in the Republic of Vietnam (RVN).

3.  He provides:

* his DD Form 214
* a copy of his Purple Heart Certificate
* Letterman General Hospital Special Orders Number 239, dated 
20 November 1970

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 into the Army of the United States on 7 May 1969. He successfully completed basic training and advanced individual training and he was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  Headquarters, U.S. Army Training Center, Infantry and Fort Lewis Special Orders Number 224, dated 12 August 1969 show that he was awarded the First Class Gunner [Expert] Badge with Machine Gun Bar.

4.  He arrived in the RVN on 15 May 1969 and was assigned to C Company, 1st Battalion, 52nd Infantry, 198th Infantry Brigade.

5.  He submitted a Purple Heart Certificate, dated 9 October 1970, that shows he was awarded the Purple Heart for wounds received in action on 8 October 1970. The award was issued by the Commander, 91st Evacuation Hospital, RVN.

6.  On 13 October 1970, he departed the RVN and was assigned to the Medical Holding Company, 249th General Hospital, Japan.  On 22 October 1970, he was assigned to the Medical Holding Company, Letterman General Hospital, CA.

7.  Headquarters, 197th Infantry Brigade General Orders Number 95, dated      15 April 1971, show he was awarded the Army Good Conduct Medal (1st Award).

8.  On 6 May 1971, he was honorably released from active duty in the rank of sergeant (SGT)/E-5 after completing 2 years of creditable active service with no time lost.

9.   His DD Form 214 for the period ending on 6 May 1971 shows he was awarded:

* National Defense Service Medal
* Vietnam Service Medal with one bronze service star
* RVN Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Army Commendation Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

10.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) shows the entry, "GUNSHOT WOUND RT ARM 8 Oct 1970." 

11.  There are no general orders in his service personnel records that show he was awarded the Purple Heart.  His name does not appear on the Vietnam casualty roster.  

12.  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 the Purple Heart pertaining to him.

13.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained 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, and the medical treatment must have been made a matter of official record.  During the Vietnam War, U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) stated the authority to award the Purple Heart was delegated to hospital commanders.  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.

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that at the time of the applicant's assignment to 1st Battalion, 52nd Infantry, the unit was cited for the award of the RVN Gallantry Cross with Palm Unit Citation for the period 15 August 1968-14 May 1969 by Department of the Army General Orders (DAGO) Number 43, dated 1970.

15.  Army Regulation 600-200 (Enlisted Personnel Management), chapter 9 of the version in effect at the time, stated a brief description of wounds or injuries (including injury from gas) requiring medical treatment received through hostile or enemy action, including those requiring hospitalization would be entered in item 40 of the DA Form 20.  This regulation further stated that the date the wound or injury occurred would also be placed in item 40.


DISCUSSION AND CONCLUSIONS:

1.  There are no general orders awarding the applicant the Purple Heart and his name is not listed on the Vietnam casualty roster.  However, his wound is recorded on his DA Form 20 and it is clear he was medically evacuated from the RVN, through Japan, to the United States.  Furthermore, his Purple Heart Certificate was issued by a hospital commander in accordance with U. S. Army Vietnam regulations.  There is sufficient evidence to show the applicant was wounded as a result of hostile action.  Therefore, his DD Form 214 should amended to show award of the Purple Heart.

2.  Evidence of record shows that he was awarded the Army Good Conduct Medal (1st Award) and the First Class Gunner [Expert] Badge with Machine Gun Bar.  His DD Form 214 should be amended to show these awards.

3.  He was assigned to a unit during a period of time the unit was awarded the RVN Gallantry Cross with Palm Unit Citation.  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 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 amending item 24 of his DD Form 214 to add:

* Purple Heart
* Army Good Conduct Medal (1st Award)
* RVN Gallantry Cross with Palm Unit Citation
* 
Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60)



      ___________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)                                         AR20110008051





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ABCMR Record of Proceedings (cont)                                         AR20110008051



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