IN THE CASE OF:	  

		BOARD DATE:	  11 September 2012

		DOCKET NUMBER:  AR20120004723 


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.  He states:

	a.  he received the Purple Heart for injuries he sustained during combat activities as reflected on his Bronze Star Medal orders.  

	b.  he recently applied to the Department of Veterans Affairs (VA) for medical benefits and was classified in priority 6 instead of priority 3, because his DD Form 214 does not reflect award of a Purple Heart.

3.  He provides his DD Form 214, a letter from the VA, a Purple Heart award certificate, and general orders awarding him the Bronze Star Medal with "V" Device (First Oak Leaf Cluster).  

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’s complete military records are not available to the Board.  However, there are sufficient documents for the Board to conduct a fair and impartial review of this case.  

3.  The applicant was inducted into the Army of the United States on 2 January 1968.  Upon completion of basic combat and advanced individual training, he was awarded military occupational specialty 11B (Light Weapons Infantryman).

4.  His DA Form 20 (Enlisted Qualification Record) is not available.  

5.  His DD Form 214 indicates he completed 11 months and 29 days of foreign service in the U.S. Army Pacific Theater.

6.  He provided an award certificate, dated 5 August 1969, which indicates he was awarded the Purple Heart for wounds received in action.  

7.  He also provided General Orders Number 1912, dated 28 October 1969, which awarded him the Bronze Star Medal with "V" Device (First Oak Leaf Cluster) for action on 31 July 1969 in the Republic of Vietnam.  The orders state, in part, "Sergeant (applicant's name) was severely wounded while loading casualties aboard the aircraft, but his courageous actions saved several lives and reflect great credit upon himself, his unit, and the United States Army."  These orders indicate he was assigned to Headquarters, 1st Brigade, 5th Infantry Division (Mechanized) in Vietnam.  

8.  He was released from active duty on 11 November 1969.  His DD Form 214 shows award of the National Defense Service Medal, two Overseas Service Bars, Vietnam Service Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), Republic of Vietnam Campaign Medal with Device (1960), Expert Marksmanship Qualification Badge with Rifle Bar (M-14), Combat Infantryman Badge, and Bronze Star Medal (First Oak Leaf Cluster).  

9.  His service record does not contain orders which show he was awarded the Purple Heart and the Vietnam Casualty Roster does not list his name.


10.  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 pertaining to the applicant.

11.  Department of the Army General Orders Number 8, dated 1974, announced   award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973.  

12.  Army Regulation 600-8-22 (Military Awards) provides the Purple Heart is awarded for a wound sustained 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.

13.  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 the applicant received credit for participation in the Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969), Tet 69/Counteroffensive (23 February - 8 June 1969), and Vietnam Summer - Fall 1969 (9 June - 31 October 1969) campaigns.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s available service record does not contain orders that award him the Purple Heart and his name is not listed on the Vietnam casualty listing.  However, his general orders awarding him the Bronze Star Medal with "V" Device (First Oak Leaf Cluster) show he was "severely wounded" while loading casualties aboard the aircraft.  

2.  Therefore, this evidence is sufficient as a basis for awarding him the Purple Heart for wounds received in action on 31 July 1969 and to correct his DD Form 214 to show this award.

3.  Although he was awarded the Bronze Star Medal with "V" Device (First Oak Leaf Cluster), his DD Form 214 erroneously reflects the Bronze Star Medal (First Oak Leaf Cluster).  Therefore, it would be appropriate to amend his DD Form 214 to reflect the Bronze Star Medal with "V" Device (First Oak Leaf Cluster).

4.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units which served in Vietnam.  The applicant was assigned to a unit which served in Vietnam.  Therefore, his DD Form 214 should be amended to show the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

5.  The available evidence shows the applicant served in Vietnam for 11 months and 29 days and his DD Form 214 shows two Overseas Service Bars, which indicates all this time was in Vietnam and his last unit was the 1st Battalion, 11th Infantry Regiment, 1st Detachment, 5th Infantry Division in U.S. Army Vietnam.  It appears he arrived in Vietnam on or about 12 November 1968 and participated in three campaigns prior to his release from active duty on              11 November 1969.  Therefore, he 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.

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 the DD Form 214 of the individual concerned be corrected by:

	a.  deleting the Vietnam Service Medal from item 24;

	b.  deleting the entry "BSM (1st OLC)" from item 24; 

	c.  awarding him the Purple Heart for wounds received in action on 31 July 1969; and

	d.  amending item 24 to add award of the Purple Heart, Bronze Star Medal with "V" Device (First Oak Leaf Cluster), Republic of Vietnam Gallantry Cross 


with Palm Unit Citation, and Vietnam Service Medal with three bronze service stars.



      _______ _   __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)                                         AR20120004723





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ABCMR Record of Proceedings (cont)                                         AR20120004723



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