BOARD DATE:	  3 November 2011

		DOCKET NUMBER:  AR20110009854 


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.

2.  The applicant states he was wounded in action and treated, but the hospital was overcrowded and he was released to his unit.

3.  The applicant provides copies of a DD Form 1380 (U.S. Field Medical Card) and two pages of medical records.

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 29 February 1968.  He completed training as an engineering equipment operator during which he qualified as Sharpshooter with the M-14 rifle and as Expert with the M-16 rifle.

3.  He served in Vietnam with Company B, 36th Engineer Battalion, from on or about 5 February 1969 to 27 January 1970.

4.  Headquarters, 20th Engineer Brigade, General Orders Number 309, dated 11 March 1970, awarded him the Army Commendation Medal for meritorious service from 31 January 1969 to 30 January 1970.

5.  His medical record contains an original carbon copy of the DD Form 1380 that he submitted with his application.  It shows the applicant was injured as the result of enemy action at 0230 hours on 21 April 1969.  He was tagged at 0305 hours, treated for minor lacerations of the third and forth phalanges of the left foot, and transferred.

6.  The applicant returned to the United States and was released from active duty with an honorable characterization of service on 31 January 1970.  He was transferred to the U.S. Army Reserve Control Group in pay grade E-5.

7.  His DD Form 214 shows his awards as the National Defense Service Medal, Vietnam Service Medal, [Republic of] Vietnam Campaign Medal [with Device (1960)], and Army Good Conduct Medal.

8.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained 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.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows:

	a.  The 36th Engineer Battalion was awarded the Meritorious Unit Commendation for the period 1 September 1968-31 December 1969 by Department of the Army General Orders (DAGO) Number 51, dated 1971; Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period June 1968-16 April 1970 by DAGO Number 32, dated 1973; and Republic of Vietnam Gallantry Cross with Palm Unit Citation by DAGO Number 8, dated 1974, for 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.

	b.  Bronze service stars are worn on service and campaign medals to denote participation in campaigns.  The applicant's tour of duty coincided with the following four campaigns:  Vietnam Counteroffensive Phase VI, 2 November 1968-22 February 1969; Tet 69 Counteroffensive 1969, 23 February-8 June 1969; Vietnam Summer-Fall 1969, 9 June-31 October 1969; and Vietnam Winter-Spring 1970, 1 November 1969-30 April 1970.

DISCUSSION AND CONCLUSIONS:

1.  The DD Form 1380 shows the applicant was treated for a wound sustained as a result of enemy action on 21 April 1969.  He should be awarded the Purple Heart.

2.  He is authorized four bronze service stars for wear on the Vietnam Service Medal.

3.  The available records show he was awarded the Army Commendation Medal and he qualified as Expert with the M-16 rifle and as Sharpshooter with the M-14 rifle.

4.  He is authorized the Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

5.  The above awards should be shown in the proper order on his DD Form 214.

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 sustained in action on 21 April 1969;

	b.  deleting the awards currently shown on his DD Form 214; and

	c.  amending his DD Form 214 to show his authorized awards consist of the Purple Heart, Army Commendation Medal, Army Good Conduct Medal, National Defense Service Medal, Vietnam Service Medal with four bronze service stars, Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Republic of Vietnam Campaign Medal with Device (1960), Expert Marksmanship Qualification Badge with Rifle Bar (M-16), and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).



      __________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)                                         AR20110009854



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ABCMR Record of Proceedings (cont)                                         AR20110009854



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