IN THE CASE OF:	  

		BOARD DATE:	  8 November 2011

		DOCKET NUMBER:  AR20110010434 


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:

	a.  award of the Purple Heart and

	b.  correction of item 8 (Place of Birth) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show Aberdeen, Mississippi.

2.  The applicant states the errors occurred at the time of his separation from the Army on 9 June 1967.

3.  The applicant provides:

* Veterans Administration (VA) Form 07-3101 (Request for Information)
* VA medical records and documentation
* DD Form 214
* Record of Induction

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 11 June 1965.  His DD Form 398 (Statement of Personal History), dated 22 April 1966, and his induction record show his place of birth as Aberdeen, Mississippi.

3.  He arrived in Vietnam on 11 November 1965.  He served as a light weapons infantryman assigned to Company C, 2nd Battalion, 7th Cavalry, 1st Cavalry Division, in Vietnam from 20 November 1965 until he was hospitalized in June 1966.  Records show the applicant participated in two campaigns during his assignment in Vietnam.

4.  On 9 June 1967, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation.

5.  Item 8 of his DD Form 214 shows his place of birth as Wilmington, Delaware.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* Vietnam Service Medal
* Combat Infantry Badge [correctly known as the Combat Infantryman Badge]
* National Defense Service Medal
* Vietnam Defense Campaign Medal [it appears this is a Vietnam campaign, not a medal]
* Vietnam Counter Offensive Campaign Medal [it appears this is a Vietnam campaign, not a medal]

7.  His DD Form 214 shows he was separated on temporary records and a Soldier's affidavit.

8.  There are no orders for the Purple Heart in the available records.  His name is not listed on the Vietnam Casualty Roster.  However, item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he was wounded in action on 25 June 1966 (gunshot wound to his right arm).

9.  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.

10.  He provides VA documentation which states he was wounded in combat (gunshot wound to his right shoulder) in Vietnam.

11.  Army Regulation 600-200 (Enlisted Personnel Management System), 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 the date the wound or injury occurred would also be entered in item 40.

12.  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.

13.  Army Regulation 600-8-22 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 two campaigns:

* Vietnam Defense Campaign (8 March 1965-24 December 1965)
* Vietnam Counteroffensive (25 December 1965-30 June 1966)

14.  Army Regulation 600-8-22 states the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.

15.  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 applicant's unit (2nd Battalion, 7th Cavalry) at the time of his assignment was cited for award of the Presidential Unit Citation for actions during the period 23 October 1965 to 26 November 1965 by Department of the Army General Orders Number 40, dated 1967.

16.  Department of the Army General Orders 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.

DISCUSSION AND CONCLUSIONS:

1.  The entry in item 40 of the applicant's DA Form 20 which shows he was wounded in action on 25 June 1966 is accepted as sufficient evidence with which to base award of the Purple Heart.

2.  The evidence of record shows his place of birth as Aberdeen, Mississippi.  Therefore, item 8 of his DD Form 214 should be corrected accordingly.

3.  Based on his service in Vietnam, he is entitled to the Republic of Vietnam Campaign Medal with Device (1960).  His DD Form 214 should be corrected to show this medal.

4.  He participated in two campaigns during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with two bronze service stars.  His DD Form 214 should be corrected to show these service stars.

5.  His unit was cited for award of the Presidential Unit Citation while he was assigned to it.  His DD Form 214 should be corrected to show this unit award.

6.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam.  The applicant served in Vietnam during a qualifying period; therefore, he is entitled to correction of his DD Form 214 to show this 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:

	a.  awarding him the Purple Heart for wounds received in action on 25 June 1966 in Vietnam;

	b.  deleting the entry from item 8 of his DD Form 214 and replacing it with the entry "Aberdeen, Mississippi"; and

	c.  adding the Purple Heart, Republic of Vietnam Campaign Medal with Device (1960), Presidential Unit Citation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and two bronze service stars for wear on his already-awarded Vietnam Service Medal to item 24 of his DD Form 214.



      __________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)                                         AR20110010434



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ABCMR Record of Proceedings (cont)                                         AR20110010434



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