IN THE CASE OF:	  

		BOARD DATE:	    1 December 2011

		DOCKET NUMBER:  AR20110017938 


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 was wounded by shrapnel in Vietnam and was kept in the hospital for over a month.

3.  The applicant provides:

* DD Form 214
* Newspaper article

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 8 December 1965 and held military occupational specialty 11B (Light Weapons Infantryman).  He served in Vietnam from 12 September 1966 to 9 September 1967.  He was assigned to Company C, 3rd Battalion, 12th Infantry, 4th Infantry Division.  

3.  Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) does not show he sustained wounds while serving in Vietnam.  However, his records contained a Western Union Message dated 9 March 1967, stating he sustained multiple fragments wounds to the back while on combat operations in Vietnam.

4.  He was honorably released from active duty on 12 September 1967 in the rank/grade of specialist four/E-4 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation.

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

* National Defense Service Medal
* Republic of Vietnam Campaign Medal
* Good Conduct Medal 1st Award
* Vietnam Service Medal
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge (Pistol .45)

6.  His records do not contain official orders awarding him the Purple Heart.

7.  A review of The Adjutant General's Office, Casualty Division's Vietnam casualty listing shows the applicant's name is listed as a casualty, on 
6 March 1967 under casualty status code "23."  This casualty code refers to "hostile wounded in action, hospitalized."

8.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained while in action against and 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.

9.  A review of his service record indicates his entitlement to additional awards which are not reflected on his records and/or DD Form 214.


10.  Item 29 (Qualifications in Arms) of his DA Form 20 shows he qualified expert with the M-16 rifle on 14 June 1966 and expert with the M-60 Machine Gun on 
30 May 1966.

11.  Department of the Army General Orders Number 3, dated 1970, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to the 3rd Battalion, 12th Infantry during the period October 1966 to 28 July 1969.

12.  Department of the Army General Orders Number 53, dated 1970, announced award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to the 3rd Battalion, 12th Infantry during the period October 1966 to 31 July 1969.

13.  Army Regulation 600-8-22 contains the regulatory guidance on 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, campaign participation credit was authorized for the Vietnam Counteroffensive, Phase II and Vietnam Counteroffensive, Phase III.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show his award of the Purple Heart was carefully considered and determined to have merit.

2.  The evidence of record shows the applicant sustained multiple fragment wounds to his back in Vietnam.  His injury is further confirmed with an entry on the Vietnam casualty listing that shows he was injured on 6 March 1967 as a result of hostile action.  Therefore, he is entitled to award of the Purple Heart and correction of his DD Form 214 to show it.

3.  During his assignment in Vietnam, general orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this unit award.

4.  During his assignment in Vietnam, general orders awarded his unit the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this unit award.


5.  The evidence of record shows he was awarded the Vietnam Service Medal.  Additionally, records show he participated in two campaigns while serving in Vietnam.  Therefore, he is entitled to two bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

6. Special orders awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) and Expert Marksmanship Qualification Badge with Machine Gun (M-60) which are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these badges.

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 wounds received in action on 6 March 1967 in Vietnam and

b. adding to his DD Form 214 the:

* Purple Heart
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Expert Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60)
* Expert Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* 
two bronze service stars to be affixed to his already-awarded Vietnam Service Medal


      
      __________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)                                         AR20110017938



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ABCMR Record of Proceedings (cont)                                         AR20110017938



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