IN THE CASE OF:	  

		BOARD DATE:  23 February 2012

		DOCKET NUMBER:  AR20110017242 


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 his award of the Purple Heart.

2.  The applicant states the PH he earned was not included on his DD Form 214.

3.  The applicant provides his DD Form 214 and a PH 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.  The applicant enlisted in the Regular Army on 2 August 1968.  He was trained in and awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).
3.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 8 January through 25 April 1969.  Item 38 (Record of Assignments) shows that during his RVN tour, he served with Company B, 3rd Battalion, 60th Infantry Regiment, performing duties in MOS 11B as a rifleman and senior rifleman.  Item 38 also shows the applicant was medically evacuated to the Camp Zama General Hospital in Japan on 26 April 1969 as a patient.  Item 40 (Wounds) contains an entry that shows the applicant received a fragment wound to his right thigh on 22 April 1969.

4.  General Orders Number 4098, issued by Headquarters, 9th Infantry Division, dated 6 April 1969, awarded the applicant the Air Medal for actions during the period 16 January 1969 to 9 February 1969.

5.  General Orders Number 5846, issued by the same headquarters, dated
22 May 1969, awarded the applicant the Air Medal (1st oak leaf cluster) for actions during the period 16 January 1969 to 5 April 1969.

6.  General Orders Number 7444, issued by Headquarters, Americal Division, dated 7 August 1969, awarded the applicant the Army Commendation Medal for meritorious service in the RVN during the period September 1968 – September 1969.

7.  On 19 August 1971, the applicant was honorably released from active duty (REFRAD), in the rank/grade of private first class (PFC)/E-3.  He completed
3 years of total active service with 18 days of time lost due to being absent without leave (AWOL).  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued at the time shows the:

* National Defense Service Medal
* Vietnam Service Medal with 2 bronze service stars
* RVN Campaign Medal with Device (1960)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Armed Forces Expeditionary Medal (Korea)
* Combat Infantryman Badge
* Air Medal

8.  The applicant provides a PH certificate that shows he was awarded the PH for being wounded in action in the RVN on 22 April 1969.


9.  Review of The Adjutant General's Office, Casualty Division's Vietnam casualty listing shows the applicant's name is listed as a casualty, on 22 April 1969 under casualty status code "23."  This casualty code refers to "hostile wounded in action, not serious, hospitalized."

10.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, Army Good Conduct Medal, service medals and ribbons, combat and special skill badges and tabs, unit decorations, and trophies, and similar devices awarded in recognition of accomplishments.  It states:

	a.  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.

	b.  Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal.  The numeral 2 denotes the second award of the Air Medal.

11.  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 3rd Battalion, 60th Infantry, was cited for award of the:

* RVN Gallantry Cross with Palm Unit Citation for the period January through June 1969 by Department of the Army General Orders (DAGO) Number 59, dated 1969
* RVN Civil Actions Honor Medal First Class Unit Citation for the period 
19 December 1966 through 28 June 1969 by DAGO Number 59, dated 1969

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to add the PH to his DD Form 214 has been carefully considered and found to have merit.

2.  The evidence of record confirms the applicant was wounded in action in the RVN on 22 April 1969, as evidenced by entries on his DA Form 20 and the 


Vietnam casualty listing.  Therefore, his DD Form 214 should be corrected to show his award of the Purple Heart.

3.  General orders show he was awarded two awards of the Air Medal during his service in the RVN.  Therefore, his DD Form 214 should be corrected accordingly.

4.  General orders awarded him the Army Commendation Medal for meritorious service in the RVN.  Therefore, his DD Form 214 should be corrected to show this award. 

5.   The applicant's unit in the RVN was cited for award of the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show these unit awards.

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.  deleting from item 24 of his DD Form 214 the Air Medal;

	b.  adding to item 24 of his DD Form 214 the:

* Purple Heart
* Army Commendation Medal
* Air Medal (2nd Award)


* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* 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)                                         AR20110017242



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ABCMR Record of Proceedings (cont)                                         AR20110017242



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