BOARD DATE:	  27 March 2012

		DOCKET NUMBER:  AR20110018598 


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 award of the Purple Heart.  

2.  He states he never received his Purple Heart for being wounded in Vietnam on 31 January 1968.  

3.  He provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), a letter from the National Personnel Records Center, a letter from a former commanding officer, a Western Union telegram, and a DA Form 8-119 (Hospital Arrival Notice)

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 6 July 1967.  His highest grade held was specialist five (SP5)/E-5.

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

* item 31 (Foreign Service), he served in Vietnam from 18 December 1967 through 16 February 1968
* item 38 (Record of Assignments), he was assigned to Headquarters, 507th Transportation Group from 24 December 1967 to 9 February 1968
* item 38, he was in a patient status from 10 February to 15 April 1968
* item 38, he received conduct and efficiency ratings of “excellent,” “unknown,” and “good”
* item 40 (Wounds), he sustained fragment wounds to his lower back, right shoulder, and left forearm
* item 41 (Awards and Decorations), he was awarded or authorized the National Defense Service Medal, Vietnam Service Medal, and Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)

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 31 January 1968.

5.  A DA Form 8-119, dated 12 February 1968, shows he was admitted to the Letterman General Hospital and his condition at that time was satisfactory.  

6.  A Western Union telegram, dated 14 February 1968, indicates the applicant was slightly wounded in Vietnam on 31 January 1968 as a result of hostile action.  He received metal fragment wounds to his right arm and back.  He was on a military airbase when he was hit by hostile mortar fragments.  

7.  On 27 June 1970, he was honorably released from active duty as an overseas returnee.  He completed 2 years, 11 months, and 22 days of total active service with no time lost.  

8.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal, Vietnam Service Medal, and Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).  

9.  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.

10.  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.

11.  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.  

12.  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 III and Tet Counteroffensive campaigns.

13.  Department of the Army General Orders (DAGO) Number 8, dated 1974, announced   award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This pamphlet shows the unit to which the applicant was assigned was awarded the Meritorious Unit Commendation for the period 1 January 1967 to 30 April 1969 by Headquarters, DAGO Number 39, dated 1970.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he never received the Purple Heart for being wounded in Vietnam on 31 January 1968 is 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 31 January 1968.  In addition, his DA Form 20 shows he sustained fragment wounds to his lower back, right shoulder, and left forearm on 31 January 1968.  Therefore, this evidence is sufficient as a basis for awarding him the Purple Heart for wounds received in action on 31 January 1968 and to correct his DD Form 214 to show this award.

3.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam.  The applicant was assigned to a unit that served in Vietnam; therefore, his DD Form 214 should be amended to show the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

4.  He was assigned to a unit in Vietnam during a period the unit was cited for award of the Meritorious Unit Commendation.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

5.  He served a period of qualifying service for award of the Republic of Vietnam Campaign Medal with Device (1960) and correction of his DD Form 214 to show this award.

6.  The applicant participated in two campaigns during his service in Vietnam.  Therefore, he is entitled to two 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 31 January 1968 in Vietnam; 

	c.  adding award of the Purple Heart, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Meritorious Unit Commendation, Republic of Vietnam Campaign Medal with Device (1960), and Vietnam Service Medal with two bronze service stars.  




      _______ _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)                                         AR20110018598





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ABCMR Record of Proceedings (cont)                                         AR20110018598



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