BOARD DATE:	  18 April 2012

		DOCKET NUMBER:  AR20110021508 


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 the Purple Heart.

2.  The applicant states his medals do not include the Purple Heart.  He contends that he was wounded in action in Vietnam while on foreign duty and while assigned to the Americal Division.

3.  The applicant provides a DD Form 214 and a DD Form 215 (Correction to 
DD Form 214).

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 20 August 1969 and upon completion of initial entry training he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  Headquarters, Second Advanced Individual Training Brigade, Fort Ord, CA, Special Orders Number 112, dated 1 June 1970, awarded him the Marksman Marksmanship Qualification Badge with Machinegun Bar.

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

* item 31 (Foreign Service) he served in Vietnam from 13 July 1970 through 15 December 1970
* item 38 (Record of Assignments) he served with A Company, 5th Battalion, 46th Infantry while in Vietnam
* item 38 he was in a patient status beginning on 19 November 1970

5.  The Vietnam Casualty Roster shows he was wounded as a result of hostile actions on 13 November 1970.

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

7.  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.

8.  Headquarters, Americal Division, General Orders Number 15039, dated 
15 November 1970, awarded him the Bronze Star Medal for the period July - November 1970 for meritorious achievement in connection with military operations against a hostile force.

9.  He was released from active duty on 24 November 1972.  His DD Form 214 shows he earned the following awards:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal with Device (1960)
* Bronze Star Medal
* two Overseas Service Bars
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
10.  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.  There are basically three requirements for award of the Combat Infantryman Badge.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.

	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 the Vietnamese Counteroffensive Phase VII (1 July 1970 - 30 June 1971).

11.  Department of the Army General Orders 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show the Purple Heart has been carefully reviewed.  

2.  There are no orders showing he was awarded the Purple Heart; however, the Vietnam Casualty Roster confirms he was wounded as a result of hostile action on 13 November 1970.  Therefore, he is entitled to award of the Purple Heart and correction of his DD Form 214 to show this award.

3.  He was awarded an infantry MOS, was serving in an infantry unit while in Vietnam, was wounded as a result of hostile action, and was awarded the Bronze Star Medal for meritorious achievement in connection with military operations against a hostile force.  Therefore, it appears he met the criteria for award of the 

Combat Infantryman Badge and it would be appropriate to award him this badge at this time and to correct his DD Form 214 to show this badge.  

4.  Orders show he was awarded the Marksman Marksmanship Qualification Badge with Machinegun Bar.  His DD Form 214 should also be corrected to show this badge.

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

6.  All units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  This unit award should also be added to his DD Form 214.

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 the Purple Heart for wounds sustained as a result of hostile actions on 13 November 1970;

	b.  awarding him the Combat Infantryman Badge;

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

	d.  adding to his DD Form 214 the following:

* Purple Heart
* Combat Infantryman Badge
* Vietnam Service Medal with one bronze service star
* Marksman Marksmanship Qualification Badge with Machine Gun Bar
* Republic of Vietnam Gallantry Cross with Palm 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)                                         AR20110021508



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ABCMR Record of Proceedings (cont)                                         AR20110021508



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