IN THE CASE OF:	  

		BOARD DATE:	  15 December 2011

		DOCKET NUMBER:  AR20110016038 


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.  The applicant states he should be awarded the Purple Heart. 

3.  The applicant provides a DA Form 3349 (Medical Condition - Physical Profile Record).

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 enlisted in the Regular Army on 2 September 1968 and held military occupational specialty 63B (Wheel Vehicle Mechanic) and 76R (Weapons Materiel Supply Specialist).  The highest rank/pay grade he attained while serving on active duty was specialist five/E-5.  He was released from active duty on 7 May 1973 and transferred to the U.S. Army Reserve Control Group (Reinforcement).

3.  He provides a DA Form 3349, dated 27 October 1969, which states in section A, item 6 that the member has a defect, to wit "Fracture, femur, left, result of hostile injury in RVN."  This document is signed by a medical doctor at the U.S. Kimbrough Army Hospital, Fort George G. Meade, Maryland.

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

	a.  Item 38 (Record of Assignments) shows:

		(1)  during his tour of duty in the Republic of Vietnam he served as a light vehicle mechanic assigned to Headquarters and Headquarters Company, 
2d Battalion (Airborne), 503d Infantry, 173d Airborne Brigade from 17 July 1969 through 22 August 1969. 

		(2)  he was a patient in the medical holding company, 106th General Hospital in Vietnam from 23 August 1969 to 2 October 1969.

		(3)  he was transferred to the U.S. Kimbrough Army Hospital, Fort George G. Meade, Maryland as an inpatient during the period 4 October through 
3 December 1969.

	b.  Item 38 also shows he received conduct and efficiency ratings of "excellent" for each of his duty assignments prior to and after his hospitalization.  

	c.  Item 40 (Wounds) is blank.

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

5.  The applicant  is not listed in the Vietnam casualty roster. 

6.  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 awarding him the Purple Heart.
7.  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:

* Good Conduct Medal
* National Defense Service Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Vietnam Service Medal
* Parachutist Badge

8.  A review of the applicant's record revealed he is entitled to additional awards and decorations.

9.  Army Regulation 600-8-22 (Military Awards) provides for award of the Vietnam Service Medal.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  During his tour in Vietnam he participated in one campaign:  Vietnam Summer - Fall 1969.

10.  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.  Also qualifying for this award are individuals who qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and served for less than six months of service but:

* were wounded as a result of hostile action 
* were captured by hostile forces but later escaped or were rescued or released
* were killed in action or otherwise in line of duty

11.  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.  This regulation shows units to which the applicant was assigned while serving in the Republic of Vietnam were cited for the following awards for accomplishments during his tenure:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders (DAGO) Number 51, dated 1971

* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by DAGO Number 5, dated 1973


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 sustained a fracture to his left femur as the result of a hostile injury while serving in the Republic of Vietnam.  Based on available records, it appears the injury was sustained on or about 23 August 1969.  Therefore, it is appropriate to award the Purple Heart to the applicant and correct his record to show receipt of this award.

3.  As a result of his being wounded in action, the applicant is also eligible for award of the Republic of Vietnam Campaign Medal with Device (1960).

4.  General orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for actions during his tenure.  Therefore, he is entitled to have his DD Form 214 corrected to show these unit awards.

5.  His records show he was awarded the Vietnam Service Medal.  The evidence shows he participated in one campaign during his service in the Republic of Vietnam.  Therefore, he is entitled to one bronze service star to be affixed to his already-awarded Vietnam Service Medal.

BOARD VOTE:

___x____  ____x___  ____x___  GRANT FULL RELIEF 
 
________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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 a wound sustained in the Republic of Vietnam on or about 23 August 1969;

	b.  adding to his DD Form 214 for the period ending on 7 May 1973 one bronze service star for wear on his already-awarded Vietnam Service Medal,
Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.



      _______ _   __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)                                         AR20110016038



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ABCMR Record of Proceedings (cont)                                         AR20110016038



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