IN THE CASE OF:	  

		BOARD DATE:  21 June 2012

		DOCKET NUMBER:  AR20110025235 


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.  The applicant states he was never awarded the Purple Heart for wounds received in action in Vietnam on 11 September 1968.  He was severely wounded in battle but he was never recognized for it.

3.  The applicant provides his 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 19 August 1966 for a period of 3 years.  He completed training and he was awarded military occupational specialty (MOS) 11B (light weapons infantryman).

3.  Special Orders Number 238, issued by Headquarters, 2nd Brigade (Advanced Individual Training), Fort Ord, CA, dated 30 November 1966, awarded him the First Class (Sharpshooter) Marksmanship Qualification Badge with Machinegun Bar (M-60).

4.  Special Orders Number 44, issued by Headquarters, 2nd Armored Division, Fort Hood, TX, dated 13 February 1968, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

5.  Special Orders Number 162, issued by Headquarters, Americal Division, dated 10 June 1968, awarded him the Combat Infantryman Badge.

6.  The applicant served in Vietnam from 29 March 1968 to 1 October 1968.  During his service in Vietnam he was assigned to:

* Company D, 5th Battalion, 46th Infantry, 198th Infantry Brigade from
29 March 1968 through 19 June 1968
* Company C, 2nd Battalion, 1st Infantry, 198th Infantry Brigade from
20 June 1968 to 1 October 1968

7.  Records show the applicant was wounded in action in Vietnam on
11 September 1968.  He suffered multiple fragment wounds to the chest, leg, elbow, arm, and wrist.  He was treated at a field hospital but later transferred to the 249th General Hospital, Japan on 10 October 1968 and ultimately the U.S. Army Hospital at Fort Sill, OK on 15 December 1968.  Following his release from the hospital, he remained assigned to Fort Sill with an infantry unit.

8.  He was honorably released from active duty on 26 May 1969.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation.  The DD Form 214 he was issued at the time shows the:

* National Defense Service Medal
* Vietnam Service Medal with one campaign (bronze service) star
* One overseas service bar

9.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

* item 40 (Wounds) the entry "fragment wounds (FW), face, chest, (r)ight leg, and (l)eft elbow" on 11 September 1968
* item 41 (Awards and Decorations) the entry "PH pending" with a date of 25 September 1968

10.  The applicant's service record contains multiple medical treatment documents that essentially confirm he was injured by hostile forces grenade fragments on 11 September 1968 near Dragon Basin, Vietnam.  He sustained fragments wounds to the chest, abdomen, thigh, knee, arm, and wrist. 

11.  Review of The Adjutant General's Office, Casualty Division's Vietnam casualty listing shows the applicant's name is listed as a casualty, on
11 September 1968 under casualty status code "23."  This casualty code refers to "hostile wounded in action, not serious, hospitalized."

12.  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.

13.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, Army Good Conduct Medal, service medals and ribbons, combat and special skill badges and tabs, unit decorations, and trophies, and similar devices awarded in recognition of accomplishments.  It 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 Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  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 following three campaigns:
* 
Tet Counteroffensive, 30 January - 1 April 1968
* Vietnam Counteroffensive Phase IV, 2 April - 30 June 1968
* Vietnam Counteroffensive Phase V, 1 July - 1 November 1968

	c.  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.  Individuals who had qualified for award of the Vietnam Service Medal and were evacuated prior to completing 6 months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  Paragraph 6d states that 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. Army Vietnam, and its subordinate units, during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s medical records clearly show he suffered multiple shrapnel wounds as a result of hostile action in Vietnam on 11 September 1968 and subsequent treatment.  His injuries are further confirmed with the entry on his
DA Form 20 as well as the listing of his name on the Vietnam casualty listing.  Therefore, it would be appropriate at this time to award the applicant the Purple Heart for wounds received in action on 11 September 1968 and to correct his
DD Form 214 to show this award.

2.  Records show the applicant participated in three campaigns during his service in Vietnam.  Therefore, he is entitled to three 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.

3.  He completed less than 6 months of service in Vietnam; however, due to being evacuated from Vietnam as a result of hostile action he is entitled to the Republic of Vietnam Campaign Medal with Device (1960) and correction of his DD Form 214 to show this award.

4.  All units in Vietnam were awarded 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. 

5.  Special orders awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60), and the Combat Infantryman Badge.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

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:

	a.  deleting from his DD Form 214 the Vietnam Service Medal with one campaign star;

	b.  awarding him the Purple Heart for wounds received in action in Vietnam on 11 September 1968; and

	c.  adding to his DD Form 214 the:

* Purple Heart
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Campaign Medal with Device "1960"
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Combat Infantryman Badge
* 
Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Machinegun Bar (M-60)



      __________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)                                         AR20110025235



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ABCMR Record of Proceedings (cont)                                         AR20110025235



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