IN THE CASE OF:	  

		BOARD DATE:	 29 January 2013 

		DOCKET NUMBER:  AR20120011645 


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) effective 25 March 1968 to show award of the Purple Heart.

2.  The applicant states he was wounded on 11 July 1967 and was awarded the Purple Heart in the Long Binh Field Hospital.  He remembers an officer coming through the ward and presenting the Purple Heart to him and others who were hit that day.  He still has shrapnel in his back and right chest area to this day.

3.  The applicant provides:

* DD Form 214
* Department of Veterans Affairs (VA) Form 21-526 (Veteran's Application for Compensation or Pension at Separation from Service)
* one page from his DA Form 20 (Enlisted Qualification Record)
* page one of his separation physical examination, dated 8 February 1968

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.  He was inducted into the Army of the United States on 24 March 1966.  He completed basic combat and advanced individual training and was awarded military occupational specialty 91B (Medical Specialist).

3.  He served in the Republic of Vietnam from 12 December 1966 to 16 December 1967.  He was assigned to:

* the 9th Medical Battalion, 9th Infantry Division, from 12 December 1966 to 22 June 1967
* the 4th Battalion, 47th Infantry Division, from 23 June to 15 December 1967

4.  Item 40 (Wounds) of his DA Form 20 contains an entry indicating he received fragment wounds to his chest and forehead on 8 July 1967.

5.  He is not listed on the Vietnam casualty listing.

6.  On 25 March 1968, he was released from active duty.  He completed 2 years of active service that was characterized as honorable.  He had 2 days of lost time.  His DD Form 214 shows he was awarded or authorized the:

* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* National Defense Service Medal
* Combat Medical Badge
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)

7.  His service medical records are not available for review.

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 U.S. Army Human Resources Command Military Awards Branch, failed to reveal any orders awarding him the Purple Heart.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems awarded during the Vietnam Conflict.  This pamphlet shows that during the time of the applicant's assignment to the 9th Medical Battalion the unit was awarded the:

* Meritorious Unit Commendation (Army) for the period 1 January to 31 December 1967
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 December 1966 to 30 June 1968
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 to 28 June 1969

10.  Army Regulation 600-200 (Enlisted Personnel Management System), chapter 9 of the version in effect at the time, stated that a brief description of wounds or injuries requiring medical treatment that were received through hostile or enemy action, including those requiring hospitalization, would be entered in item 40 of the DA Form 20.  This regulation further stated that the date the wound or injury occurred would also be placed in item 40.

11.  Army Regulation 672-5-1 (Military Awards), then in effect, promulgated Department of the Army policy, criteria, and administrative instructions concerning individual military awards.  The Purple Heart was awarded to any member of an Armed Force or any civilian national of the United States who, while serving under competent authority in any capacity with one of the U.S. Armed Services had been wounded, killed, or who had died as a result of 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.

12.  Army Regulation 600-8-22 (Military Awards) authorizes award of a bronze service star based on qualifying service for each campaign listed in appendix B.  The regulation states that authorized bronze service stars will be worn on the appropriate campaign and service medal, which in this case is the Vietnam Service Medal.  Based on the applicant's dates of service in Vietnam, table B-1 shows participation credit was awarded for the:

* Vietnam Counteroffensive Phase II Campaign (1 July 1966-31 May 1967)
* Vietnam Counteroffensive Phase III Campaign (1 June 1967-29 January 1968)

DISCUSSION AND CONCLUSIONS:

1.  Item 40 of his DA Form 20 shows he received fragment wounds to his chest and forehead on 8 July 1967.  The DA Form 20 is a record of his history in the Army and wounds are not entered on this document without orders or a casualty report.  Therefore, there is sufficient evidence to add the Purple Heart to his DD Form 214.

2.  Based on his service in the Republic of Vietnam while assigned to the 9th Medical Battalion, he is authorized the:

* Meritorious Unit Commendation (Army)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

3.  Based on his service in the Republic of Vietnam, he is authorized two bronze service stars to be worn on his Vietnam Service Medal.

BOARD VOTE:

____X____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 amending his DD Form 214 by deleting the Vietnam Service Medal and adding the:

* Purple Heart
* Vietnam Service Medal with two bronze service stars
* Meritorious Unit Commendation (Army)
* 
Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam 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)                                         AR20120011645



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ABCMR Record of Proceedings (cont)                                         AR20120011645



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