IN THE CASE OF:	  

		BOARD DATE:  19 June 2012

		DOCKET NUMBER:  AR20120000786 


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 (PH).

2.  He states he was awarded the PH for wounds he received in combat in Vietnam.  His DD Form 214 does not show this award.

3.  He provides copies of his DD Form 214, Honorable Discharge Certificate, PH Certificate, and photographs.

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.  On 10 August 1967, he was inducted into the Army of the United States.  After completing basic combat training and advanced individual training in helicopter maintenance, he was assigned to duty in Vietnam.

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

* item 29 (Qualification in Arms) that he qualified as Expert with the M-14 and M-16 rifles
* item 31 (Foreign Service) that he was credited with service in Vietnam from 9 March 1968 to 14 March 1969
* item 38 (Record of Assignments) that he was assigned to the 187th Aviation Company in Vietnam from 13 March 1968 to 11 March 1969
* item 38 that he departed Vietnam on 12 March 1969
* item 40 (Wounds) that no battle wounds were identified

4.  A Standard Form 600 (Chronological Record of Medical Care) shows he received medical treatment for a fragment wound to his right hand on 28 February 1969.

5.  The Vietnam casualty roster shows he was wounded as a result of hostile action on 28 February 1969.

6.  On 14 March 1969, he was honorably released from active duty as an overseas returnee after completing 1 year, 7 months, and 5 days of total active service.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Republic of Vietnam (RVN) Campaign Medal
* Vietnam Service Medal (VSM)
* Air Medal
* Army Good Conduct Medal
* Aircraft Crewman Badge

7.  His official military personnel file is void of documentation showing he was awarded the PH.

8.  He provides a PH Certificate, dated 20 May 1969, showing he was awarded the PH for wounds received in action in Vietnam on 28 February 1969.

9.  Army Regulation 600-8-22 (Military Awards) states the PH is awarded for a wound sustained in action against an enemy or as a result of hostile action.  Substantiating evidence must be provided to verify 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.

10.  A review of his record indicates entitlement to additional awards not listed on his DD Form 214.

11.  Army Regulation 600-8-22 states a bronze service star will be awarded for wear on the VSM for participation in each credited campaign.  A silver service star is authorized in lieu of five bronze service stars.  The Vietnam campaigns are listed in appendix B.  His record shows his service in Vietnam coincided with five 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)
* Vietnam Counteroffensive Phase VI (2 November 1968-22 February 1969)
* Tet 69 Counteroffensive 1969 (23 February-8 June 1969)

12.  Army Regulation 600-8-22 sets forth requirements for award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree – Expert, Sharpshooter, and Marksman – in which an individual qualified in a prescribed record course.  An appropriate bar is furnished to denote each weapon with which the individual qualified.

13.  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 the 187th Aviation Company was cited for award of the Valorous Unit Award (VUA) for the period 13 June to 23 September 1968 by Department of the Army General Orders (DAGO) Number 52, dated 1974, and RVN Gallantry Cross with Palm Unit Citation for the period 27 March 1967 to 17 May 1968 by DAGO Number 21, dated 1969.

DISCUSSION AND CONCLUSIONS:

1.  The record shows the applicant was wounded by hostile action on 28 February 1969 and the medical treatment he received for the wound was made a matter of official record.  He provides a PH Certificate indicating he was awarded the PH after he was released from active duty.  Therefore, he is entitled to correction of his DD Form 214 to show award of the PH.

2.  He was awarded the VSM and he participated in five campaigns while serving in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show one silver service star for wear on the previously-awarded VSM.

3.  He qualified as Expert with the M-16 and M-14 rifles.  Therefore, he is entitled to correction of his DD Form 214 to show the Expert Marksmanship Qualification Badge with Automatic Rifle Bar (M-16) and Rifle Bar (M-14).

4.  He was assigned to a unit in Vietnam during a period for which it was cited for award of the VUA and RVN Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show these unit 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 the VSM from his DD Form 214 and

	b.  adding the following awards to his DD Form 214:

* PH
* VSM with one silver service star
* Expert Marksmanship Qualification Badge with Automatic Rifle Bar and Rifle Bar
* VUA
* RVN 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)                                         AR20120000786



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ABCMR Record of Proceedings (cont)                                         AR20120000786



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