IN THE CASE OF:	  

		BOARD DATE:	  5 June 2012

		DOCKET NUMBER:  AR20110023899 


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 a second award of the Purple Heart for wounds received on 29 February 1968.

2.  The applicant states:

* He was not awarded a second Purple Heart for the wound he received on 29 February 1968
* On 29 February 1968 he was involved in a very intense firefight
* The medic who treated him said it was a bullet graze but the folks at the field hospital contended it was a fragment
* There were plenty of grenades and small arms fire during the firefight and he cannot recall exactly what type of weapon hit him  

3.  The applicant provides:

* Medical Evaluation Board (MEB)
* Department of Veterans Affairs Rating Decision
* Standard Form 88 (Report of Medical Examination)
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) 

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 10 July 1967 for a period of 
3 years.  He arrived in Vietnam on 9 December 1967.  He served as a light weapons infantryman assigned to Company D, 2nd Battalion, 27th Infantry in Vietnam from 22 December 1967 to 15 June 1968.  On 1 April 1969, he was retired and placed on the Temporary Disability Retired List the following day.

3.  His DD Form 214 shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Purple Heart
* Good Conduct Medal

4.  Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) shows he was wounded on 27 February 1968 (fragment wound to left elbow) and on 
12 May 1968 (gunshot wound to right chest).

5.  Orders, dated 5 March 1968, show he received the Purple Heart for wounds received in action on 27 February 1969 in Vietnam. 

6.  A Western Union telegram, dated 13 May 1968, shows he was placed on the very seriously ill list in Vietnam on 12 May 1968 as the result of a gunshot wound to the right chest.  He was on a combat operation when hit by hostile small arms fire.

7.  The Vietnam casualty roster shows he was wounded on 27 February 1968 and on 12 May 1968. 

8.  He provided an MEB which states:

* review of health records revealed he had a small fragment wound of the left elbow on 29 February 1968 for which he was hospitalized for one day
* he was wounded in Vietnam on 12 May 1968 at which time he sustained a gunshot wound of the right upper chest

9.  Records show he participated in three campaigns during his assignment in Vietnam.

10.  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 document shows the applicant's unit, 2nd Battalion, 27th Infantry, at the time of his assignment was awarded the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 19 June 1968 to 31 July 1970 by Department of the Army General Orders (DAGO) Number 48, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by DAGO Number 51, dated 1971

11.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained 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.  The regulation also states that the bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.

DISCUSSION AND CONCLUSIONS:

1.  Although he contends he was wounded on 29 February 1968 and the MEB he provided states he sustained a fragment wound of the left elbow on 29 February 1968, orders show he received the Purple Heart for wounds received in action on 27 February 1968.  In addition, the entry on his DA Form 20 shows he received a fragment wound to his left elbow on 27 February 1968 and the Vietnam casualty roster shows he was wounded on 27 February 1968.

2.  His DD Form 214 shows one award of the Purple Heart.  However, evidence shows he sustained a gunshot wound to the right chest on 12 May 1968 as a result of hostile action in Vietnam.  Therefore, the Western Union telegram and 


entry on the Vietnam casualty roster are accepted as sufficient evidence on which to base a second award of the Purple Heart.  In addition, his DD Form 214 should be corrected to show the Purple Heart 2d award.

3.  He participated in three campaigns during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with three bronze service stars.  His DD Form 214 should be corrected to show this award.
 
4.  His Vietnam unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to them.  His DD Form 214 should be corrected to show these unit awards.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ____x___  ____x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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 with First Oak Leaf Cluster for wounds received in action on 12 May 1968 in Vietnam;

	b.  deleting the entry "Purple Heart" from his DD Form 214; and

	c.  adding the Purple Heart (2d award), Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and three bronze service stars for wear on his already-awarded Vietnam Service Medal to his DD Form 214.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends 


denial of so much of the application that pertains to award of the Purple Heart for wounds received in action on 29 February 1968 in Vietnam.  



      _______ _   __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)                                         AR20110023899





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ABCMR Record of Proceedings (cont)                                         AR20110023899



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