IN THE CASE OF:	  

		BOARD DATE:  12 July 2012

		DOCKET NUMBER:  AR20120001655 


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 (PH).  

2.  The applicant states he never received the PH for being wounded in action in the Republic of Vietnam (RVN) in May 1968.  

3.  The applicant refers to his medical records; however, he provides no documentary evidence in support of his request.  

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 record shows the applicant enlisted in the Regular Army on 29 November 1966, and was trained in and awarded military occupational specialty (MOS) 11H (Infantry Direct Fire Crewman).  
3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the RVN from 7 September 1967 through 3 September 1968.  Item 38 (Record of Assignments) shows that during his RVN tour, he served with Headquarters and Headquarters Company (HHC) and Company C, 3rd Battalion, 21st Infantry Regiment, 196th Light Infantry Brigade from 10 September 1967 through 4 June 1968 and with HHC, 196th Infantry Brigade from 5 June through 3 September 1968.   Item 41 (Awards and Decorations) does not include the PH in the list of awards entered.   

4.  The applicant's Military Personnel Records Jacket (MPRJ) contains a Standard Form (SF) 502 (Clinical Record-Narrative Summary), dated 5 May 1968, that documents medical treatment for a fragment wound to his right shoulder.  It also contains a DA Form 8-274 (Physical Profile Record), dated 
25 May 1968, that shows treatment for a fragment wound to his right shoulder.  The record further includes an SF 88 (Report of Medical Examination), dated 
2 December 1969, which documents the applicant's separation medical examination.  This document notes a fragment wound to the right shoulder in the clinical evaluation portions of the form.  

5.  The MPRJ also contains Headquarters, Americal Division General Orders Number 4393, dated 17 July 1968, which awarded the applicant the Bronze Star Medal with "V" (Valor) Device for heroism in the RVN on 2 May 1968.

6.  On 13 February 1970, the applicant was honorably released from active duty, in the rank of private first class/E-3 after completing 2 years, 11 months, and 28 days of creditable active military service and accruing 79 days of time lost.

7.  The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) issued to the applicant on 13 February 1970 shows he earned the following awards:

* National Defense Service Medal (NDSM)
* Vietnam Service Medal (VSM)
* RVN Campaign Medal with Device 1960
* Combat Infantryman Badge (CIB)
* Expert Marksmanship Qualification Badge with Rifle (M-16) Bar
* Marksman Marksmanship Qualification Badge with Rifle (M-14) and Pistol Bars

8.  Review of The Adjutant General's Office, Casualty Division's Vietnam casualty listing shows the applicant's name is listed as a casualty on 2 May 1968 under casualty code 23, slightly wounded in action.  

9.  Army Regulation 600-8-22 (Military Awards) prescribes the Army’s awards policy.  

   a.  Paragraph 2-8 contains guidance on award of the PH.  It states in order to support award of the Purple Heart there must be evidence that the wound for which the award is being made was received as a result of enemy action; that it required treatment by military medical personnel; and a record of this treatment must have been made a matter of official record;

   b.  Paragraph 2-13 contains guidance on the VSM.  It states a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN; 

   c. Table B-1 contains a list of RVN campaigns.  It shows that during the applicant’s tenure of assignment in the RVN, participating credit was granted for the Vietnam Counteroffensive Phase III (1 June 1967-29 January 1968), TET Counteroffensive (30 January-1 April 1968), Vietnam Counteroffensive Phase IV (2 April-30 June 1968), and Vietnam Counteroffensive Phase V 
(1 July-1 November 1968). 
   
10  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) assists commanders in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It shows that during the applicant's tenure of assignment in the RVN, his unit (3rd Battalion, 
21st Infantry Regiment) was cited for award of the Navy Unit Commendation for the period 1-16 May 1968 by Department of the Army General Order (DAGO) Number 32, dated 1972.  DAGO Number 8, dated 1974, announced award of the RVN Gallantry Cross with Palm Unit Citation for service in Vietnam during the period 8 February 1962 to 28 March 1973.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant was wounded in action in the RVN on 2 May 1968, as evidenced by medical records on file and by an entry on the Vietnam Casualty Roster.  Therefore, it would be appropriate to award him the PH for being wounded in action in the RVN on 2 May 1968 and to add this award to his DD Form 214.

2.  The MPRJ contains orders awarding the applicant the BSM with "V" Device for his heroism in action in the RVN on 2 May 1968; however, this award is not listed on his DD Form 214.  Therefore, it would be appropriate to add it to his DD Form 214 at this time. 
3.  Further, based on his RVN service and campaign participation, he is also eligible for 4 bronze service stars for wear on his already-awarded Vietnam Service Medal, and to the RVN Gallantry Cross with Palm Unit Citation.  As a result, it would also be appropriate to add these awards 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 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 Vietnam Service Medal from his DD Form 214;

	b.  awarding him the Purple Heart for being wounded in action in the Republic of Vietnam on 2 May 1968; and 

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

* Bronze Star Medal with "V" Device
* Purple Heart 
* Vietnam Service Medal with 4 bronze service stars 
* 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)                                         AR20120001655





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ABCMR Record of Proceedings (cont)                                         AR20120001655



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