BOARD DATE:	  21 August 2012

		DOCKET NUMBER:  AR20120003769 


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 add award of the Purple Heart (PH).

2.  The applicant states he misplaced his records.

3.  The applicant provides no additional evidence.

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 was inducted into the Army of the United States on 22 September 1967.  He was trained in and awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 6 March 1968 through on or about 1 March 1969.  Item 38 (Record of Assignments) shows he served with Company B, 1st Battalion, 501st Infantry Regiment, performing duties in MOS 11B as a rifleman and grenadier during his RVN tour of duty.

4.  Item 40 (Wounds) of the applicant's DA Form 20 contains an entry showing he was wounded in action in the RVN on 9 September 1968 when he received multiple fragment wounds to his back, left leg, and abdomen.  Item 41 (Awards and Decorations) includes the PH in the list of awards entered.

5.  The applicant's Military Personnel Records Jacket (MPRJ) contains a casualty report message and Western Union Telegram confirming the applicant was wounded in action in the RVN on 9 September 1968 when he received multiple fragment wounds to his left leg and abdomen while involved in combat operations while under a hostile mortar attack.

6.  On 22 September 1969, the applicant was honorably released from active duty in the rank of specialist four/E-4 after completing 2 years of creditable active military service and accruing 1 day of lost time.

7.  His DD Form 214 issued on 22 September 1969 shows he was awarded or authorized the following awards:

* National Defense Service Medal
* Vietnam Service Medal (VSM) with two bronze service stars
* RVN Campaign Medal with Device (1960)
* Combat Infantryman Badge (1st Award)
* Bronze Star Medal with "V" Device
* First Class Gunner Badge with Machine Gun Bar (M-60)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)

8.  A review of the Adjutant General's Office Casualty Division's Vietnam casualty listing shows the applicant's name is listed as a casualty on 9 September 1968 under casualty code 24 (not seriously wounded in action).

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

	a.  Paragraph 2-8 contains guidance for award of the PH.  It states in order to support award of the PH 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 for 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.  A silver service star is issued in lieu of five bronze service stars to denote participating in five campaigns.

	c.  Table B-1 contains a list of RVN campaigns.  It shows that during the applicant's assignment in the RVN, participation credit was awarded for the following 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 – 23 February-8 June 1969

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 assignment in the RVN, his unit (1st Battalion, 501st Infantry Regiment) was cited for award of the RVN Gallantry Cross with Palm Unit Citation for the period 15 August 1968-14 May 1969 in Department of the Army General Orders (DAGO) 43, dated 1970, and the RVN Civil Actions Honor Medal First Class Unit Citation for the period 18 March 1968-2 May 1970 in DAGO 48, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's record confirms he was wounded in action in the RVN on 9 September 1968 as evidenced by the entries in item 40 and item 41 of his DA Form 20, the Vietnam casualty roster, a casualty report, and a Western Union Telegram.  Therefore, the evidence is sufficient to add award of the PH to his DD Form 214.

2.  Further, based on his RVN service and campaign participation, he is eligible for the RVN Gallantry Cross with Palm Unit Citation, RVN Civil Actions Honor Medal First Class Unit Citation, and one silver service star for wear on his already-awarded VSM in lieu of the two bronze service stars shown.  As a result, it would 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 deleting the current VSM with two bronze service stars entry from his DD Form 214 and adding the PH, VSM with one silver service star, RVN Gallantry Cross with Palm Unit Citation, and RVN Civil Action 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)                                         AR20120003769



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ABCMR Record of Proceedings (cont)                                         AR20120003769



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