IN THE CASE OF:	  

		BOARD DATE:	  21 February 2012

		DOCKET NUMBER:  AR20110017082 


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 for wounds he received in Vietnam.  

2.  He states he was wounded on 19 February 1969 when he was hit with shrapnel in the left hand, arm, and midsection.  He was treated by a doctor on the same day.  

3.  He provides a Form 203-R (101st Air Cavalry Division IRHA [injured as a result of hostile action] Treatment Report) and his DD Form 214.  

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 enlisted in the Regular Army on 8 May 1967.  

3.  His DA Form 20 (Enlisted Qualification Record) shows in:

* item 31 (Foreign Service), he served in Vietnam from 18 September 1968 through 10 September 1969
* item 38 (Record of Assignments), he was assigned to the 163rd Aviation Company from 30 September to 12 October 1968 and Company A, 101st Aviation Battalion from 13 October 1968 to 7 September 1969
* item 40 (Wounds), no entry [blank] 
* item 41 (Awards and Decorations), does not list award of the Purple Heart

4.  His service record does not include orders for award of the Purple Heart.  His name is listed on the Vietnam Casualty Roster which shows he was wounded in action on 19 February 1969.

5.  He provided a medical treatment report which shows he was treated by a surgeon on 19 February 1969 for wounds received as a result of hostile action.  His diagnosis was a severe contusion on his left hand.  

6.  His Standard Form 600 (Chronological Record of Medical Care) shows he was injured on his left hand during combat action by a live round on 19 February 1969.  He had normal swelling and tenderness on the back of the hand and possible fracture of the left hand.  

7.  He was honorably released from active duty on 7 May 1970.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Air Medal with “V” Device, Army Commendation Medal, one Overseas Service Bar, Army Good Conduct Medal, and National Defense Service Medal.  

8.  A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), 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 the Purple Heart pertaining to the applicant.

9.  References:

	a.  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 unit to which the applicant was assigned was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 19 July 1968 to 14 May 1969 by Department of the Army General Order Number 43, dated 1970.

	b.  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.

	c.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states that 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, the applicant participated in the Vietnam Counteroffensive Phase V, Vietnam Counteroffensive Phase VI, Tet 69/Counteroffensive, and Vietnam Summer - Fall 1969 campaigns.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions regarding he was wounded on 19 February 1969 when he was hit with shrapnel in the left hand, arm, and midsection and was treated by a doctor on the same day are acknowledged and determined to have merit.  

2.  The applicant’s service record does not contain orders that award him the Purple Heart.  However, his name is listed on the Vietnam Casualty Roster which indicates he was wounded in action on 19 February 1969 and his medical documentation shows:

* he sustained severe contusion on his left hand during combat action by a live round as a result of hostile action on 19 February 1969
* he received medical treatment by medical personnel 
* the medical treatment of his wounds were made a matter of official record

3.  Therefore, his available medical evidence is sufficient as a basis for awarding him the Purple Heart for wounds received in action on 19 February 1969 and to correct his DD Form 214 to show this award.

4.  He was assigned to a unit in Vietnam during a period the unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

5.  The applicant participated in four campaign phases during his service in Vietnam.  Therefore, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

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 the DD Form 214 of the individual concerned be corrected by:

	a.  deleting the Vietnam Service Medal from item 24;

	b.  awarding him the Purple Heart for wounds received in action on 19 February 1969; and 

	c.  adding the Purple Heart, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Vietnam Service Medal with four bronze service stars to item 24.



      _______ _  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)                                         AR20110017082





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ABCMR Record of Proceedings (cont)                                         AR20110017082



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