IN THE CASE OF:	  

		BOARD DATE:  19 July 2012

		DOCKET NUMBER:  AR20120000598 


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 was assigned to Company D, 2nd Battalion,
27th Infantry, 25th Infantry Division and served in the Republic of Vietnam (RVN). He was wounded in action on 21 October 1967 and awarded the Purple Heart on 28 October 1967; however, the award is not recorded on his DD Form 214.

3.  The applicant provides a copy of a Purple Heart certificate, dated 28 October 1967, that shows he was wounded in action in the RVN on 21 October 1967.

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 (RA) on 20 January 1967 for a period of 3 years.  He was awarded military occupational specialty 11B (Light Weapons Infantryman).

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

	a.  item 31 (Foreign Service):  Vietnam from 11 July 1967 to 6 July 1968;

	b.  item 38 (Record of Assignments):

		(1)  Company D, 2nd Battalion, 27th Infantry, 25th Infantry Division, from
9 June to 13 November 1967;

		(2)  Medical Hold Company, U.S. Army Hospital, Camp Zama, Japan, from 14 November 1967 to 17 January 1968;

		(3)  Company D, 2nd Battalion, 27th Infantry, 25th Infantry Division, from
18 to 26 January 1968; and

		(4)  U.S. Army Medical Materiel Agency (General Support), RVN, from
27 January to 4 July 1968;

	c.  item 39 (Campaigns):

* Vietnam Counteroffensive Phase III
* 6th (unnamed) campaign
* Tet (Counter)offensive Campaign
* Vietnam Counteroffensive Phase IV

	d.  item 40 (Wounds):  fragment wounds to left leg, left foot, and right arm on
21 October 1967; and

	e.  item 41 (Awards and Decorations):  does not show the Purple Heart.

4.  A DD Form 214 shows the applicant entered active duty on 20 January 1967 and he was honorably discharged on 20 January 1968 to reenlist in the RA.  He completed 1 year and 1 day of active service that included 6 months and 10 days of foreign service.  It also shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal
* Combat Infantryman Badge
5.  The applicant reenlisted in the RA on 21 January 1968 for a period of 3 years.

6.  A DD Form 214 shows the applicant was honorably released from active duty on 20 February 1970 and transferred to the U.S. Army Reserve Control Group (Standby) to complete his Reserve obligation.  He completed 2 years and
1 month of active service this period that included 11 months and 26 days of foreign service.  It also shows the:

* National Defense Service Medal
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge

7.  A review of the applicant's military personnel records failed to reveal any evidence he was awarded the Purple Heart.

8.  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.

9.  A review of The Adjutant General's Office, Casualty Division's Vietnam casualty roster shows the applicant's name is listed as a casualty, on
21 October 1967, under casualty status code "23."  This casualty code refers to "hostile wounded in action, not serious, hospitalized."  

10.  A review of the applicant's military personnel records reveals he may be authorized additional awards that are not shown on his DD Forms 214.

11.  Headquarters, U.S. Army Training Center, Armor, Fort Knox, Kentucky, Special Orders Number 75, dated 16 March 1967, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar.

12.  Headquarters, Fort Polk, Louisiana, Special Orders Number 109, dated
28 April 1967, awarded the applicant the First Class (Sharpshooter) Marksmanship Qualification Badge with Machinegun (M-60) Bar.

13.  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.  It shows that at the time of the applicant's assignment to Company D, 2nd Battalion, 27th Infantry, the battalion was awarded the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders (DAGO) Number 48 (1971)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by DAGO Number 51 (1971)

14.  Army Regulation 600-8-22 (Military Awards) provides 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, and the medical treatment must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  Records show the applicant sustained fragment wounds to his left leg, left foot, and right arm on 21 October 1967.  The Vietnam Casualty Roster also shows the applicant was wounded in action on 21 October 1967.  Thus, it would be appropriate to correct his records to show award of the Purple Heart.

2.  Special orders awarded the applicant the:

* Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar
* First Class (Sharpshooter) Marksmanship Qualification Badge with Machinegun (M-60) Bar

3.  General orders awarded the applicant's unit the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

4.  In view of the foregoing, it would be appropriate to correct the applicant's DD Form 214 to show his awards and decorations, as recommended below.









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 adding to his 20 February 1970 DD Form 214 the:

* Purple Heart
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) and Machinegun (M-60) 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)                                         AR20120000598



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ABCMR Record of Proceedings (cont)                                         AR20120000598



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