IN THE CASE OF:	  

		BOARD DATE:	 3 May 2012 

		DOCKET NUMBER:  AR20110021041 


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 received the Purple Heart for combat wounds; but it was not annotated on his DD Form 214.  He had the certificate to show it but he also lost the certificate in a house fire.  

3.  The applicant provides his DD Form 214, a letter from the Department of Veterans Affairs (VA), and his VA rating decision.

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's records show he was inducted into the Army of the United States on 1 November 1966 and held military occupational specialty 11B (Light Weapons Infantryman).  

3.  He served in Vietnam with Company C, 1st Battalion, 14th Infantry, 25th Infantry Division, from on or about 20 April 1967 to 19 April 1968.

4.  He underwent a separation physical on 3 September 1968.  The applicant did not note any combat injuries or wounds.  The military doctor indicated the applicant had a left cut to his thigh.

5.  He was honorably released from active duty on 31 October 1968.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* National Defense Service Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* First Class Gunner Marksmanship Qualification Badge with Machine Gun Bar (M-60)
* Vietnam Service Medal with two bronze service stars
* Vietnam Campaign Medal with “1960” Device
* Combat Infantryman Badge
* One overseas service bar

6.  Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) shows he suffered multiple fragment wounds to the scrotum and inner thighs on 27 June 1967.

7.  His records do not contain general orders which authorized him award of the Purple Heart.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show award of the Purple Heart.

8.  His name is not shown on the Vietnam casualty roster.

9.  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 for the Purple Heart for him.

10.  He provides a copy of his VA rating decision, dated 28 August 1972, which shows he was awarded service-connected disability compensation for residuals of shell fragment wounds to his right thigh and left scrotum, sustained in Vietnam, on 27 June 1967.  The rating decision states:

* The injury occurred when a booby trap exploded resulting in the injury
* Service medical records, dated 28 July 1967 show the wound was well healed

11.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that 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.

12.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows during his tenure with the 1st Battalion, 14th Infantry, his unit was cited for awards of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation, for service from 1 August 1967 to 17 November 1970, based on DA General Orders Number 52, dated 1971
* Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation, for service from 1 August 1967 to 31 October 1969, based on DA General Orders 53, dated 1970

13.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the Overseas Service Bar.  It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message.  There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars.  For Vietnam service, one overseas service bar was authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the overseas service bar.

14.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, 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 awarded for the:
* Vietnam Counteroffensive, Phase II, 1 July 1966—31 May 1967
* Vietnam Counteroffensive, Phase III, 1 June 1967—29 January 1968
* TET Counteroffensive, 30 January 1968—1 April 1968
* Vietnam Counteroffensive, Phase IV, 2 April 1968—30 June 1968

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s DA Form 20 shows he suffered a combat wound in Vietnam on 27 June 1967.  The injury is further confirmed by the VA examination of his service medical records which noted the injury as a result of a booby trap explosion and also noted his treatment.  He is therefore entitled to award of the Purple Heart and correction of his DD Form 214 to show it.  

2.  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, which are not shown on his records.  Therefore, he is entitled to correction of his records to show these unit awards. 

3.  He was awarded the Vietnam Service Medal.  Additionally, he participated in four campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to four bronze service stars to be affixed to the Vietnam Service Medal.

4.  The applicant completed 1 years of foreign service in Vietnam. This would have qualified him for two overseas service bars.  Therefore, he is entitled to correction of his DD Form 214 to show two overseas service bars in lieu of the one shown.

BOARD VOTE:

____X____  ____X____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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:

* Awarding him the Purple Heart for wounds received in action on 27 June 1967
* deleting from item 24 of his DD Form 214 the Vietnam Service Medal with two bronze service stars and one bronze service bar
* adding to his DD Form 214 the:

* Purple Heart
* Vietnam Service Medal with four bronze service stars
* Two overseas service bars
* 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)                                         AR20110021041





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ABCMR Record of Proceedings (cont)                                         AR20110021041



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