BOARD DATE:	 18 April 2012 

		DOCKET NUMBER:  AR20110021302 


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 is DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Purple Heart.

2.  The applicant states the Purple Heart is not shown on his DD Form 214 and he never received the medal.

3.  The applicant provides a DD Form 214 and a Purple Heart Certificate.  

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests correction of the applicant's DD Form 214 to show the Purple Heart and that the applicant be also issued the Purple Heart Medal.

2.  Counsel states the applicant was issued the award but it is not listed on the DD Form 214.

3.  Counsel provides no additional evidence.  

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.  Counsel requested the applicant be issued the Purple Heart Medal.  However, service medals and awards are not issued by the ABCMR.  The applicant may obtain his medals by submitting his request in writing to:  National Personnel Records Center, ATTN: Army Reference Branch, 9700 Page Boulevard, St. Louis, Missouri  63132-5200.  This issue will not be further addressed in this Record of Proceedings.

3.  The applicant was inducted into the Army on 6 May 1969 and upon completion of initial entry training he was awarded military occupational specialty 11B (Light Weapons Infantryman).

4.  U.S. Army Training Center (USATC), Fort Lewis, WA, Special Orders Number 224, dated 12 August 1969, awarded him the Marksman Marksmanship Qualification Badge with Machinegun Bar.

5.  USATC, Fort Lewis, WA, Special Orders Number 241, dated 29 August 1969, awarded him the Marksman Marksmanship Qualification Badge with Automatic Rifle Bar (M-16).
	
6.  His DA Form 20 (Enlisted Qualification Record) shows in:

* item 29 (Qualification in Arms) he obtained the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) and the Expert Marksmanship Qualification Badge with Grenade Bar
* item 31 (Foreign Service) he arrived in Vietnam on 3 October 1969
* item 38 (Record of Assignments) he served with Company D, 1st Battalion, 20th Infantry from 13 October 1969 through 25 June 1970
* item 38 he was reassigned to Camp Zama, Japan in a patient status on 
		26 June 1970
* item 40 he sustained fragment wounds to his legs and neck on 21 June 1970

7.  The Vietnam Casualty Roster shows he was wounded as a result of hostile actions on 21 June 1970.

8.  There are no orders in his Official Military Personnel File that show he was awarded the Purple Heart.

9.  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 United States Army Human Resources Command, failed to reveal any orders for the Purple Heart pertaining to the applicant.

10.  On 5 May 1971, he was placed on the Permanent Disability Retirement List. His DD Form 214 shows he earned the National Defense Service Medal, Vietnam Service Medal, and the Combat Infantryman Badge.

11.  Army Regulation 600-8-22 (Military Awards) 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.  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.  Qualifying service included assignment in Vietnam for 6 months or more.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.  Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

	c.  A bronze service star is authorized with the Vietnam Service Medal for each campaign a member is credited with participating in while in Vietnam.  Appendix B of this regulation shows the campaigns for Vietnam.  During his tour in Vietnam, he participated in three campaigns:

* Vietnam Summer - Fall 1969 (9 June - 31 October 1969) 
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)
* Sanctuary Counteroffensive (1 May - 30 June 1970)


12.  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 that during his assignment to the 1st Battalion, 20th Infantry, it was cited for the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the periods 24 August - 31 December 1969 and 31 March - 30 June 1970 by Department of the Army General Orders Number 42, dated 1972.

13.  Department of the Army Pamphlet 672-3 states not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual.  Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.  However, in the case of duplicate awards covering the same period of time only one award will be recorded in official military and historical records.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for award of the Purple Heart has been carefully reviewed.  

2.  There are no orders showing he was awarded the Purple Heart; however, his DA Form 20 and the Vietnam Casualty Roster confirm he was wounded as a result of hostile action on 21 June 1970.  Therefore, he is entitled to award of the Purple Heart and correction of his DD Form 214 to show this award.

3.  Orders show he was awarded the Marksman Marksmanship Qualification Badge with Machinegun Bar and the Marksman Marksmanship Qualification Badge with Automatic Rifle Bar (M-16).  Additionally, his DA Form 20 shows he also earned the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) and the Expert Marksmanship Qualification Badge with Grenade Bar.  Therefore, he is entitled to correction of his DD Form 214 to show these badges.

4.  Evidence confirms he served a period of qualifying service for award of the Republic of Vietnam Campaign Medal with Device (1960).  His DD Form 214 should also be corrected to show this award.

5.  He was awarded the Vietnam Service Medal; however, he participated in three campaign phases during his service in Vietnam.  Therefore, he is entitled to three bronze service stars for wear on his Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

6.  His unit in Vietnam was cited for two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show this unit award.
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 sustained as a result of hostile actions on 21 June 1970;

	b.  deleting the Vietnam Service Medal from his DD Form 214; and 

	c.  adding to his DD Form 214 the following:

* Purple Heart
* Republic of Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal with three bronze service stars
* Marksman Marksmanship Qualification Badge with Machine Gun Bar
* Marksman Marksmanship Qualification Badge with Automatic Rifle Bar
* Expert Marksmanship Qualification Badge with Rifle Bar
* Expert Marksmanship Qualification Badge with Grenade Bar
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd award)



      ___________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)                                         AR20110021302



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ABCMR Record of Proceedings (cont)                                         AR20110021302



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