IN THE CASE OF:	  

		BOARD DATE:	  11 October 2012

		DOCKET NUMBER:  AR20120006679 


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 and the Army Commendation Medal (ARCOM) with "V" Device. 

2.  The applicant states that he was awarded the Purple Heart and the ARCOM with "V" Device; however, neither are reflected on his DD Form 214.

3.  The applicant provides:

* General Orders Number 10242, issued by Headquarters, 101st Airborne Division, dated 30 November 1968
* 2 pages of a medical diagnoses, dated 4 December 1968
* Navy Medical (NAVMED) Form 6100/1 (Medical Board Report Cover Sheet), dated 8 January 1969

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 6 October 1967 at Detroit, MI.  He completed his basic training at Fort Knox, KY and his advanced individual training as a light weapons infantryman at Fort Polk, LA before being transferred to Vietnam on 17 March 1968.

3.  On 1 April 1968, he was assigned to Company D, 3d Battalion, 187th Infantry Regiment, 101st Airborne Division.  He was advanced to the rank/grade of specialist four (SP4)/E-4 on 24 May 1968.  On 17 September 1968, he was wounded when his unit was attacked by a North Vietnamese Battalion.  He sustained multiple fragment wounds from enemy mortar fire.  He was medically evacuated to the 12th Evacuation Hospital for treatment and was subsequently transferred to Camp Zama, Japan; Bethesda Naval Hospital, MD; and then to the Medical Holding Detachment at Dewitt Army Hospital, Fort Belvoir, VA where he remained until he was honorably released from active duty (REFRAD) on 14 May 1969 at the completion of his medical treatment.  He completed 1 year,
7 months, and 9 days of total active service.  The DD Form 214 he was issued at the time shows he was awarded the:

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

4.  General Orders Number 10242, dated 30 November 1968, awarded the applicant the Army Commendation Medal with "V" Device for heroism in Vietnam on 17 September 1968.  The included citation indicates the applicant "crawled 100 meters to the platoon's command post to find that all of its occupants have been wounded.  Wounded himself, (the applicant) called his company commander and informed him of the situation.  He then rendered medical aid to the wounded.  (The applicant) manned the platoon's command post bunker until more help arrived and he was medivaced…."


5.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

* item 29 (Qualification in Arms) he qualified expert with the M-60 machine gun
* item 40 (Wounds) the entry "Multiple fragment wound body – 
17 September 1968"
* item 41 (Awards and Decorations) the entry "PH" indicating he was awarded the Purple Heart

6.  Review of The Adjutant General's Office, Casualty Division's Vietnam casualty listing shows the applicant's name is listed as a casualty on 19 September 1968 
under casualty status code "23."  This casualty code refers to "hostile wounded in action, not serious, hospitalized."

7.  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.

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

	a.  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 a medical officer, and the medical treatment must have been made a matter of official record.

	b.  In paragraph 2-13, the regulatory guidance on the Vietnam Service Medal.  It states 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)

9.  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 unit to which the applicant was assigned was cited for award of the:

* Presidential Unit Citation for the period 13 June through 23 September 1968 by Department of the Army General Orders (DAGO) Number 38, dated 1971
* Meritorious Unit Commendation for the period 14 March through
3 October 1968 by DAGO Number 22, dated 1976
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 19 July 1968 through 14 May 1969 by DAGO Number 43, dated 1970

DISCUSSION AND CONCLUSIONS:

1.  Although there are no orders present awarding him the Purple Heart, there is sufficient evidence of record to establish his entitlement to the Purple Heart and it is reasonable to presume that he was awarded it.  Accordingly, his DD Form 214 should be corrected to show this award.

2.  General orders awarded him the ARCOM with "V" Device for heroism in Vietnam on 17 September 1968.  Therefore, his DD Form 214 should be corrected to show this award.

3.  The applicant participated in three campaigns during his service in Vietnam that entitles him to three bronze service stars for wear on his already-awarded Vietnam Service Medal.  Therefore, his DD Form 214 should be corrected to show these bronze service stars.

4.  His unit in Vietnam was cited for award of the Presidential Unit Citation, Meritorious Unit Commendation, and 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 these unit awards.

5.  Records show the applicant qualified expert with the M-60 machine gun.  Therefore, his DD Form 214 should be corrected to show this marksmanship qualification.

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.  deleting from his DD Form 214 the Vietnam Service Medal, and

	b.  adding to his DD Form 214 the:

* Purple Heart
* Army Commendation Medal with "V" Device
* Vietnam Service Medal with three bronze service stars
* Presidential Unit Citation
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Expert 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)                                         AR20120006679



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ABCMR Record of Proceedings (cont)                                         AR20120006679



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