IN THE CASE OF:	  	

		BOARD DATE:	  11 September 2012

		DOCKET NUMBER:  AR20120005293 


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 Purple Heart is not shown on his DD Form 214.

3.  The applicant provides:

* DD Form 214
* DA Form 20 (Enlisted Qualification Record
* a page from The Adjutant General's Office Casualty Division's Vietnam casualty listing 
* a letter to a Member of Congress from the National Personnel Records Center (NPRC), dated 24 May 2010
* DA Form 1577 (Authorization for Issuance of Awards), dated
23 November 1988
* DA Form 1577 Worksheet, dated 17 November 1988
* a Western Union Telex to his mother
* a message to his mother, dated 11 June 1971

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 4 February 1970 and he held military occupational specialty 11D (armor reconnaissance specialist).

3.  Special Orders (SO) Number 96, issued by Headquarters (HQ), U.S. Army Training Center Engineer, Fort Leonard Wood, MO, dated 6 April 1970, awarded him the Expert Marksmanship Qualification Badge with Grenade Bar.

4.  SO Number 105, issued by the HQ, U.S. Army Training Center, Armor, Fort Knox, KY, dated 19 May 1970, awarded him the 1st Class Gunner (Sharpshooter) Marksmanship Qualification Badge with Machinegun Bar (M-60).

5.  He served in Vietnam from 10 June 1970 to 19 June 1971 while assigned to 1st Squadron, 10th Cavalry, 4th Infantry Division.

6.  On 20 June 1971, he was medically evacuated from Vietnam and assigned in a patient status to the U.S. Army Hospital, Camp Zama, Japan.  He was then transferred to Fitzsimons General Hospital, Denver, CO.  Upon his release from the hospital he was reassigned to Fort Hood, TX.

7.  General Orders (GO) Number 1369, issued by HQ, 2nd Armored Division, Fort Hood, dated 7 October 1971, awarded him the Army Good Conduct Medal (1st Award) for the period 4 February 1970 to date of separation on or about (DOSOA) 8 October 1971.

8.  He was honorably released from active duty on 8 October 1971 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation.  He completed 1 year, 8 months, and 5 days of total active service.

9.  The DD Form 214 he was issued shows the:

* National Defense Service Medal
* Vietnam Service Medal with one bronze service star
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

10.  His record contains a Western Union Telex, undated, wherein his mother was notified that while the driver of a military vehicle on a military mission he was wounded in action in Vietnam on 11 June 1971 when a mine detonated and he received a fracture of the right jaw, loss of some teeth, and a laceration to the face.

11.  Review of The Adjutant General's Office Casualty Division's Vietnam casualty listing shows the applicant's name is listed as a casualty on 11 June 1971 under casualty status code "23."  This casualty code refers to "hostile wounded in action, hospitalized."

12.  Item 40 (Wounds) of his DA Form 20 contains the entry "Fractured mandible - 11 Jun 71."

13.  His records do not contain orders for the Purple Heart.

14.  Review of the Awards and Decorations Computer Assisted Retrieval System maintained by the Military Awards Branch of the U.S. Army Human Resources Command, which is an index of general and/or special orders issued during the Vietnam era between 1965 and 1973, failed to reveal any orders for the Purple Heart pertaining to the applicant.

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

16.  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 1st Squadron, 10th Cavalry, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 29 July 1969 through 17 November 1970 by Department of the Army General Orders Number 52, dated 1971.


DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant was wounded in action in Vietnam on 11 June 1971.  Therefore, he is entitled to award of the Purple Heart and correction of his DD Form 214 to show this award.

2.  General and special orders awarded him the Army Good Conduct Medal (1st Award), Expert Marksmanship Qualification Badge with Grenade Bar, and the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar
(M-60), which are not shown on his DD Form 214.  Therefore, his DD Form 214 should be corrected to show these awards.

3.  General orders awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, his
DD Form 214 should be corrected to show this unit award.

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:

* awarding him the Purple Heart for wounds received in action in Vietnam on 11 June 1971
* adding to his DD Form 214 the:

* Purple Heart
* Army Good Conduct Medal (1st Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Grenade Bar


* Sharpshooter Marksmanship Qualification Badge with Machinegun Bar (M-60)



      ____________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)                                         AR20120005293



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ABCMR Record of Proceedings (cont)                                         AR20120005293



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