IN THE CASE OF:	  

		BOARD DATE:	  6 September 2012

		DOCKET NUMBER:  AR20120003972 


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 the Purple Heart. 

2.  The applicant states the award is not listed on his DD Form 214. 

3.  The applicant provides his DD Form 214 and a Purple Heart Certificate, dated 24 September 1968.

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 was inducted into the Army of the United States on 10 October 1967.  He completed training and he was awarded military occupational specialty 11B (light weapons infantryman).
3.  Special Orders Number 027, issued by Headquarters, U.S. Army Training Center, Fort Polk, LA, dated 31 January 1968, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).

4.  He arrived in Vietnam on 27 March 1968 and was assigned to Company B, 3rd Battalion, 8th Infantry, 4th infantry Division on 12 April 1968.  He sustained a gunshot wound to the right shoulder on 22 September 1968 as shown in item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record).

5.  He departed Vietnam on 27 September 1968 in a patient status to the Medical Holding Detachment of the 166th General Hospital, and then on to the Medical Holding Detachment at the General Leonard Wood Army Hospital at Fort Leonard Wood, MO, on 18 November 1968.

6.  General Orders (GO) Number 40, issued by Headquarters, 4th Infantry Division, dated 5 January 1969, awarded him the Soldier's Medal for heroism not involving actual conflict with an armed enemy in the Republic of Vietnam on 
21 September 1968.

7.  Item 29 (Qualification in Arms) of his DA Form 20 shows he qualified as a sharpshooter with the M-14 rifle, first class gunner (sharpshooter) with the M-60 machinegun, and marksman with the M-16 rifle.

8.  He was honorably released from active duty at the expiration of his term of service on 9 October 1969.  The DD Form 214 he was issued at the time shows in:

* Item 23a (Specialty Number and Title) the entry 09B0O Trainee
* Item 24 (Decorations, Medal, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Good Conduct Medal
* Combat Infantryman Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

9.  He submits a certificate, dated 24 September 1968, that shows he was awarded the Purple Heart for wounds received in action in Vietnam on 22 September 1968.

10.  Review of The Adjutant General's Office, Casualty Division's Vietnam casualty listing does not show the applicant's name as a casualty.

11.  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 United States Army Human Resources Command, failed to reveal any orders for the Purple Heart pertaining to the applicant.

12.  Army Regulation 600-200 (Enlisted Personnel Management), chapter 9, of the version in effect at the time, stated that a brief description of wounds or injuries (including injury from gas) requiring medical treatment received through hostile or enemy action, including those requiring hospitalization would be entered in Item 40 of the DA Form 20.  This regulation further stated that the date the wound or injury occurred would also be placed in Item 40.

13.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained while in action against and 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.

14.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states that 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

15.  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 3rd Battalion, 8th Infantry, was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period October 1966 through 28 July 1969 by Department of the Army General Orders (DAGO) Number 3, dated 1970
* Republic of Vietnam Civil Actions Honor Medal with First Class Unit Citation for the period 1 October 1966 through 31 October 1969 by DAGO Number 53, dated 1970

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s name is not listed on the Vietnam Casualty Listing and there are no orders for the Purple Heart pertaining to the applicant on ADCARS.  However, the applicant's DA Form 20 shows he sustained a gunshot wound to his right shoulder on 22 September 1968.  This injury is further corroborated by the certificate he provides that shows he was awarded the Purple Heart for wounds received in action on that same date.  Therefore, these documents are accepted as sufficient evidence to correct his DD Form 214 to show this award.

2.  General orders awarded him the Soldier's Medal for heroism not involving actual conflict with an armed enemy in Vietnam on 21 September 1968.  Therefore, his DD Form 214 should be corrected to show this award.

3.  Records show he qualified sharpshooter with the M-14 rifle and the M-60 machinegun and marksman with the M-16 rifle.  Therefore, his DD Form 214 should be corrected to show these marksmanship badges.

4.  Evidence shows he participated in three campaigns during his service in Vietnam.  Therefore, his 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.

5.  His unit in Vietnam was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal with First Class Unit Citation during his period of service in Vietnam.  Therefore, his DD Form 214 should be corrected to show these unit awards.

6.  He was trained in, awarded, and held MOS 11B throughout his military service; however, for unknown reasons his DD Form 214 showed his primary MOS as a trainee.  Therefore, his DD Form 214 should be corrected to show his correct specialty.

7.  In view of the foregoing, the applicant's DD Form 214 should be corrected 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:

* deleting from item 11a of his DD Form 214 the entry "09B0O Trainee" and replacing it with the entry "11B2O - Light Weapons Infantryman"
* deleting from item 24 of his DD Form 214 the entry "Vietnam Service Medal" 
* adding to item 24 of his DD Form 214 the:

* Soldier's Medal
* Purple Heart
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal with First Class Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Machinegun Bar (M-60)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)



      ____________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)                                         AR20120003972



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ABCMR Record of Proceedings (cont)                                         AR20120003972



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