BOARD DATE:	  20 December 2012

		DOCKET NUMBER:  AR20120010025 


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.  He states he received a gunshot wound to his right leg from enemy forces during an ambush near Hue, Vietnam, at 2130 hours on 11 March 1968.

3.  He provides his DD Form 214 and four pages from his 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.  On 10 November 1965, the applicant enlisted in the Regular Army.  After completing initial entry training, he was awarded military occupational specialty 11B (Light Weapons Infantryman) and assigned to duty in Vietnam.

3.  His DA Form 20 (Enlisted Qualification Record) shows in:

* item 31 (Foreign Service) – service in Vietnam from 18 May 1966 through 17 May 1967 and from 14 February to 14 June 1968
* item 38 (Record of Assignments) – he was assigned to the following units during his service in Vietnam –

* Company A, 1st Battalion, 12th Cavalry, 1st Cavalry Division (25 May 1966 to 13 May 1967)
* Troop B, 1st Squadron, 17th Cavalry, 82nd Airborne Division (14 February to 16 June 1968)

* item 40 (Wounds) – no entries
* item 41 (Awards and Decorations) – 

* Vietnam Service Medal (VSM)
* Parachutist Badge
* National Defense Service Medal (NDSM)
* Republic of Vietnam (RVN) Campaign Medal with Device (1960)
* Air Medal (AM)
* Combat Infantryman Badge (CIB)
* Bronze Star Medal (BSM) with "V" Device
* three Overseas Service Bars

4.  On 8 November 1968, he was honorably released from active duty in the rank/grade of staff sergeant/E-6.  He completed 2 years, 11 months, and 29 days of total active service.  His DD Form 214 shows he was awarded or authorized the:

* NDSM
* Parachutist Badge
* VSM
* RVN Campaign Medal with Device (1960)
* CIB
* BSM
* AM
* Army Good Conduct Medal

5.  His complete service medical records are not available for review.  His record does include a Report of Medical History, dated 10 September 1968, showing he received a gunshot wound to the right leg in March 1968 while serving in Vietnam.  The form does not specify the source of the gunshot wound.

6.  A review of his record failed to reveal orders awarding him the Purple Heart.  

7.  His name does not appear on the Vietnam casualty roster.

8.  A review of the Awards and Decorations Computer Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Awards and Decorations Branch of the U.S. Army Human Resources Command, failed to reveal orders awarding the Purple Heart to him.

9.  He provides pages from his service medical records showing:

	a.  On 11 September 1966, he was accidentally injured when a blasting cap blew up in his right hand.

	b.  On 12 March 1968, he was treated for a bullet wound to the right knee.  The treatment record states, on 11 March 1968, he "jumped off truck during ambush and sustained wound medial aspect [right] knee as a result of hostile fire allegedly."  X-rays showed a retained bullet, which was removed.

10.  On 27 February 1967, Headquarters, 1st Cavalry Division (Airmobile), issued General Orders Number 879 awarding him the Bronze Star Medal (BSM) with "V" Device for his heroism on 17 December 1966.

11.  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.

12.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon for each credited campaign, to include the VSM.  The Vietnam campaigns are listed in appendix B.  His record shows his service in Vietnam coincided with four campaigns:

* Vietnam Counteroffensive (25 December 1965 - 30 June 1966)
* Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967)
* Tet Counteroffensive (30 January - 1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April - 30 June 1968)

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  The pamphlet shows:

	a.  1st Battalion, 12th Cavalry, was cited for award of the RVN Gallantry Cross with Palm Unit Citation for the period 9 August 1965 to 19 May 1969, by Department of the Army General Order Number 56, dated 1969.

	b.  Troop B, 1st Squadron, 17th Cavalry  was cited for award of the RVN Civil Actions Honor Medal First Class Unit Citation for the period 12 March to 
4 October 1968, by Department of the Army General Order Number 48, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence supports his request for correction of his DD Form 214 to show the Purple Heart.

2.  His record shows he received a gunshot wound to the right knee on 11 March 1968 while serving in Vietnam.  The available medical records indicate the wound was "allegedly" caused by hostile fire.  There is no evidence indicating another cause for this injury.  Therefore, it would be appropriate to award him the Purple Heart and add the award to his DD Form 214.

3.  He was awarded the BSM with "V" Device, which was recorded on his DD Form 214 without reference to the device.  It would be appropriate to amend his DD Form 214 to show he was awarded the BSM with "V" Device.

4.  He was awarded the VSM and he participated in four campaigns while serving in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show four bronze service stars for wear on the VSM.

5.  He was assigned to units in Vietnam during periods for which the units were cited for award of the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.



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 him the Purple Heart for the wound he incurred on 11 March 1968; 

	b.  deleting the VSM and BSM from his DD Form 214; and

	c.  adding to his DD Form 214 the:

* BSM with "V" Device
* Purple Heart
* VSM with four bronze service stars
* RVN Gallantry Cross with Palm Unit Citation
* RVN Civil Actions Honor Medal First Class Unit Citation



      _______ _  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)                                         AR20120010025





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ABCMR Record of Proceedings (cont)                                         AR20120010025



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