IN THE CASE OF:	  

		BOARD DATE:	  31 January 2013

		DOCKET NUMBER:  AR20120012127 


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, in effect, correction of his DD Form 214 (Armed forces of the United States Report of Transfer or Discharge) to show his award of the Purple Heart.

2.  The applicant states he was wounded in the Republic of Vietnam.

3.  The applicant provides no additional evidence.

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 1 February 1971.  He completed training and he was awarded military occupational specialty 62E (Crawler Tractor Operator).  The highest rank/grade he attained while serving on active duty was specialist four (SP4)/E-4.

3.  Special Orders Number 89, issued by Headquarters, U.S. Army Training Center, Infantry, Fort Dix, NJ, dated 30 March 1971, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) and Sharpshooter Marksmanship Qualification Badge with Grenade Bar.

4.  On 22 February 1972, he was honorably released from active duty and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.  He completed 1 year and 22 days of total active service.  The DD Form 214 he was issued at the time shows he served in the Republic of Vietnam from 3 July 1971 to 22 February 1972.  It also shows he was awarded the:

* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars 
* Republic of Vietnam Campaign Medal with Device (1960)

5.  On 31 January 1977, he was honorably discharged from the USAR Control Group (Standby).

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 13 August 1971 under casualty status code "25."  This casualty code refers to "hostile wounded in action, not serious, not hospitalized, no notification."

7.  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 Military Awards Branch of the U.S. 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 the Army's awards policy.  Paragraph 2-8 contains guidance on the Purple Heart.  It states the Purple Heart is awarded to members wounded in action and states that in order to award the Purple Heart, there must be evidence the wound for which the award is being made was received as a result of enemy action, the wound required treatment by military medical personnel, and a record of the medical treatment was made a matter of official record. 


9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), paragraph 6d, states that Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam, and its subordinate units for the period 20 July 1965 to 28 March 1973. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show the Purple Heart was carefully considered.  It was determined that there is sufficient evidence to support this request.

2.  In order to support award of the Purple Heart, the member must have been wounded in action and there must be evidence the wound for which the award is being made was received as a result of enemy action.  The wound must have required medical treatment by military medical personnel and this medical treatment must have been made a matter of official record.

3.  The applicant's name appears on the Department of the Army Vietnam casualty listing indicating he was wounded in action by a hostile force on
13 August 1971.  He indicates he was awarded the Purple Heart.  Therefore, his DD Form 214 should be corrected to show his award of the Purple Heart.

4.  Special orders awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) and the Sharpshooter Marksmanship Qualification Badge with Grenade Bar.  Therefore, his DD Form 214 should be corrected to show these marksmanship badges.

5.  All units in Vietnam were cited for award of 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 adding to his DD Form 214 the:

* Purple Heart
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Grenade 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)                                         AR20120012127



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ABCMR Record of Proceedings (cont)                                         AR20120012127



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