IN THE CASE OF:	  

		BOARD DATE:	  3 November 2011

		DOCKET NUMBER:  AR20110010187 


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 show award of the Purple Heart and any awards to which he may be entitled.

2.  The applicant states he was wounded, treated, and his mother received a telegram notifying her that he was wounded.  He states he would like to receive Department of Veterans Affairs benefits and to set the record straight.

3.  The applicant 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.  The applicant was inducted into the Army of the United States on 5 October 1966.  He completed basic combat and advanced individual training and he was awarded military occupational specialty 11B (Light Weapons Infantryman).  He was stationed in the Republic of Vietnam from 6 October 1967 through on or about 20 September 1968 where he was assigned to Company C, 1st Battalion, 52nd Infantry Regiment.  The highest rank/grade he attained during this period of service was sergeant/E-5.

3.  On 23 September 1968, he was honorably released from active duty as an overseas returnee and transferred to the U.S. Army Reserve Control Group (Annual Training).  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* National Defense Service Medal
* Army Good Conduct Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Bronze Star Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* one overseas service bar
* Combat Infantryman Badge

4.  His record contains Special Orders Number 96, issued by Headquarters, 1st Armored Division (Old Ironsides), dated 28 April 1967, which show he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

5.  Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) shows the entry "GSW (L) ARM," indicating he sustained a gunshot wound to his left arm.  There is no date listed.

6.  His record contains an unclassified message which states that on 25 May 1968 while on combat operations, the applicant received a fragment wound to his left arm while engaged with a hostile force in a firefight.  The message further states the applicant was not seriously wounded, was treated in the field, and returned to duty.

7.  His record also contains a Western Union Telefax addressed to the applicant's parents, dated 29 May 1968, which states the applicant was slightly wounded as a result of hostile action on 25 May 1968.  It states he received a fragment wound to his left arm while on combat operations when engaged by hostile forces in a firefight.  He was treated and released to duty.

8.  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 by medical personnel, and the medical treatment must have been made a matter of official record.

9.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance for the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, participation credit was awarded for the following four campaigns:

* Vietnam Counteroffensive Phase III
* Tet Counteroffensive
* Vietnam Counteroffensive Phase IV
* Vietnam Counteroffensive Phase V

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.  Paragraph 6d states that Department of the Army General Orders (DAGO) Number 8, dated 1974, awarded the Republic of Vietnam 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.

11.  Department of the Army Pamphlet 672-3 shows that during his assignment to Company C, 1st Battalion, 52nd Infantry Regiment, his unit was cited for the:

	a.  Presidential Unit Citation for the period 31 January through 10 February 1968 by DAGO Number 17, dated 1969; and

	b.  Valorous Unit Award for the period 1 January through 31 October 1968 by DAGO Number 48, dated 1969.

12.  For Vietnam service, one overseas service bar was authorized for each period of 6 months of active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the overseas service bar.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was wounded in action.  Medical treatment was required and made a matter of official record as shown in the applicant's unclassified message.  As a result, the regulatory burden of proof necessary to support award of the Purple Heart has been met.  Therefore, he is entitled to award of the Purple Heart for wounds received in action on 25 May 1968 and to correction of his DD Form 214 to show this award.

2.  Special orders awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14); therefore, he is entitled to correction of his DD Form 214 to show this badge.

3.  All units in the Republic of Vietnam were cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the applicant's period of assignment.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

4.  Records show he was previously awarded the Vietnam Service Medal.  The evidence shows he participated in four campaigns during his Vietnam service.  Therefore, he is entitled to correction of his DD Form 214 to show the Vietnam Service Medal with four bronze service stars.

5.  General orders show the applicant's unit was awarded the Presidential Unit Citation and Valorous Unit Award for actions during his tenure of assignment.  Therefore, he is entitled to have his records corrected to show these unit awards.

6.  Records show he was stationed in the Republic of Vietnam from 6 October 1967 through on or about 20 September 1968.  Therefore, he is entitled to two overseas service bars and correction of his records to show this change. 

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 in action on 25 May 1968 in the Republic of Vietnam,

	b.  deleting the Vietnam Service Medal and overseas service bar from item 24 of his DD Form 214, and

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

* Purple Heart
* Vietnam Service Medal with four bronze service stars
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Presidential Unit Citation
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* two overseas service bars



      
      _____________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)                                         AR20110010187



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ABCMR Record of Proceedings (cont)                                         AR20110010187



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