IN THE CASE OF:	  

		BOARD DATE:	  27 September 2012

		DOCKET NUMBER:  AR20120006304 


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.

2.  The applicant states he was wounded by shrapnel when the Soldier next to him stepped on a land mine at a landing zone (LZ).

3.  The applicant provides copies of a 26 July 1971 Department of Veterans Affairs (VA) rating decision, 8 pages of VA medical records, and 4 pages of service medical records.

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 on 24 March 1969, completed training, and was awarded military occupational specialty 11B (Light Weapons Infantryman).  

3.  During training he qualified for and was awarded the Expert Marksmanship Qualification Badge with Rifle Bar.

4.  He served in Vietnam with:

	a.  Company C, 2nd Battalion, 28th Infantry Regiment, from 12 September 1969 through 13 February 1970;

	b.  Company A, 2nd Battalion, 2nd Infantry Regiment, from 14 February 1970 through 6 April 1970; and

	c.  Company B, 2nd Battalion, 501st Infantry Regiment, from 7 April 1970 through 24 July 1970.

5.  The applicant's medical records show he received shell fragment wounds, as the result of hostile forces fire, to his face, left flank, and both upper and lower extremities on 24 July 1970.  He was hospitalized and medically evacuated to Ireland Army Hospital.  He was returned to regular duty on 10 October 1970.

6.  On 23 March 1971, he was released from active duty and transferred to the Army Reserve Control Group (Annual Training).

7.  The applicant's DD Form 214 (Report of Transfer or Separation) lists his awards as the National Defense Service Medal, Vietnam Service Medal, Combat Infantryman Badge, Air Medal, Bronze Star Medal, and the "Vietnam Campaign Medal with V device."

8.  Although his DA Form 20 (Enlisted Qualification Record) does not show an authorization for the Purple Heart, item 40 (Wounds) does show he received fragment wounds on 24 July 1970.  

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that while the applicant was assigned to the:

	a.  2nd Battalion, 28th Infantry Regiment, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation;

	b.  2nd Battalion, 2nd Infantry Regiment, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; 

	c.  2nd Battalion, 501st Infantry Regiment, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; and

	d.  it also states not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual.  Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.  

10.  Army Regulation 600-8-22 (Military Awards) states:

	a.  the Purple Heart is awarded to an individual who is wounded in action against an enemy of the United States, the armed force of a foreign country which is or has been engaged, while serving with a friendly foreign forces against an opposing force even though the United States is not engaged, as the result of any act of such enemy or opposing force or as a result an act of any hostile foreign force. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record.

	b.  a bronze service star is authorized, based on qualifying service, for each designated campaign listed in Appendix B of the regulation and states that authorized service stars will be worn on the appropriate campaign or service medal.  The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.  Based on the applicant's dates of service in Vietnam, Appendix B indicates he participated during the following four campaign periods: the Vietnam Summer - Fall 1969, 9 June 1969 - 31 October 1969; the Vietnam Winter–Spring 1970; 1 November 1969 - 30 April 1970; the DA Sanctuary Counteroffensive, 1 May 1970 - 30 June 1970; Counteroffensive Phase VII, 1 July 1970 - 30 June 1971. 

11.  Army Regulation 600-200 (Enlisted Personnel Management), in effect at the time, stated 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.  


DISCUSSION AND CONCLUSIONS:

1.  The applicant was wounded as the result of enemy action on 24 July 1970.  He was hospitalized and medically evacuated to the United States for these wounds; however, none of the hospitals where he was treated appear to have awarded him the Purple Heart.  The applicant is entitled to this medal and it is appropriate to award it to him at this time.

2.  The applicant's DD Form 214 incorrectly lists the Vietnam Campaign Medal as with a "V" Device, the proper entry is the Republic of Vietnam Campaign Medal with Device (1960).  The incorrect entry should be deleted and replaced with the proper entry.

3.  The applicant served in Vietnam during four campaign periods and is entitled to wear four bronze service stars on his Vietnam Service Medal.

4.  The applicant's award of the Expert Marksmanship Qualification Badge with Rifle Bar was omitted from his DD Form 214.  It is appropriate to include this badge on his DD Form 214.

5.  In addition to the awards listed on the DD Form 214, the applicant is also authorized to wear the Republic of Vietnam Gallantry Cross with Palm Unit Citation (3rd award) and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (3rd 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:

	a.  awarding the applicant the Purple Heart for wounds received on 24 July 1970;
	b.  deleting from item 24 of the DD Form 214 the Vietnam Service Medal and Vietnam Campaign Medal with V device; and 

	c.  showing that, in addition to the awards listed on the DD Form 214, the applicant is authorized the Purple Heart, Vietnam Service Medal with four bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), 
Republic of Vietnam Gallantry Cross with Palm Unit Citation (3rd award), Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (3rd award), and the Expert Marksmanship Qualification Badge with Rifle Bar.



      _______ _   _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)                                         AR20120006304





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ABCMR Record of Proceedings (cont)                                         AR20120006304



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