BOARD DATE:	  6 December 2011

		DOCKET NUMBER:  AR20110012360 


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.

2.  He states he was awarded the Purple Heart, but it does not appear on his DD Form 214.  He desires this correction in order to receive medical benefits from the Department of Veterans Affairs.

3.  He provides his DD Form 214 and a copy of a portion of a Purple Heart Certificate.

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.  His record shows he was inducted into the Army of the United States on 2 April 1969 and he held military occupational specialty 11B (Light Weapons Infantryman).  The highest rank/pay grade he attained while serving on active duty was specialist four/E-4.  On 1 April 1971, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training).

3.  His DA Form 20 (Enlisted Qualification Record) contains the following pertinent information:

	a.  Item 31 (Foreign Service) shows he served a tour of duty in the Republic of Vietnam during the period 2 September to 31 December 1969.

	b.  Item 38 (Record of Assignments) shows that during his tour of duty in the Republic of Vietnam he:

		(1)  served as a Rifleman in B Troop, 1st Squadron, 1st Cavalry Regiment from 16 September to 25 December 1969.

		(2)  was carried in a "Patient" status from 26 December 1969 to 4 January 1970 when he was medically evacuated to Denver, CO.

	c.  Item 40 (Wounds) contains no entries.

	d.  Item 41 (Awards and Decorations) does not show award of the Purple Heart.

4.  His record contains the following documents which all show he sustained rocket fragment wounds as a result of hostile action on 14 December 1969:

	a.  a casualty message, dated 15 December 1969.

	b.  a Western Union Telefax addressed to his parents, dated 16 December 1969.

	c.  a Standard Form 502 (Clinical Record - Narrative Summary), dated 21 August 1970.

	d.  a Surgeon General Form 84 (Clinical Record Cover Sheet), dated 29 September 1970.


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

* National Defense Service Medal
* Army Good Conduct Medal
* Vietnam Service Medal with 2 bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge with Rifle and Grenade Bars

6.  The Vietnam casualty roster shows he sustained a wound as a result of hostile fire on 14 December 1969.

7.  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 orders awarding him the Purple Heart.

8.  The applicant's record contains a DA Form 1577 (Authorization for Issuance of Awards), dated 20 October 1987, which shows the applicant was issued an appropriately inscribed certificate for award of the Purple Heart.  His record also contains a photocopy of a Purple Heart medal set and a Purple Heart Certificate, dated 20 October 1987, showing he was awarded the Purple Heart for wounds received in action in the Republic of Vietnam on 14 December 1969.

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

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows awards received by units serving in the Republic of Vietnam.  The unit to which the applicant was assigned while serving in the Republic of Vietnam was cited for the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 42, dated 1972.





DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show award of the Purple Heart was carefully considered and determined to have merit.

2.  The evidence shows he was wounded by rocket fragments as a direct result of hostile action while serving in the Republic of Vietnam on 14 December 1969 and subsequently awarded the Purple Heart.  Therefore, he is entitled to correction of his DD Form 214 to show receipt of the Purple Heart.

3.  General orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation for actions during his tenure.  Therefore, he is entitled to have his DD Form 214 corrected 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 adding the Purple Heart and Republic of Vietnam Gallantry Cross with Palm Unit Citation 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)                                         AR20110012360



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ABCMR Record of Proceedings (cont)                                         AR20110012360



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