IN THE CASE OF:	  

		BOARD DATE:	  7 August 2012

		DOCKET NUMBER:  AR20120013729 


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 awarded the Army Commendation Medal with "V" Device in Vietnam for heroism on 29 March 1970.  There was a ground attack on that day and he only remembers telling the unit first sergeant that he had been injured.  He was air-lifted by helicopter to the nearest medical base.

3.  The applicant provides:

* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* General Orders (GO) Number 493 (Army Commendation Medal with "V" Device)
* Selected 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's available records show he was inducted into the Army of the United States on 16 October 1968 and he held military occupational specialty 13B (Field Artillery Crewman).  

3.  He served in Vietnam from 28 August 1969 to 25 August 1970.  He was assigned to B Battery, 2nd Battalion, 12th Artillery at the time he departed Vietnam.  

4.  He was honorably released from active duty on 26 August 1970.  His DD Form 214 shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Good Conduct Medal
* Army Commendation Medal (2nd Oak Leaf Cluster) and "V" Device

5.  General Orders (GO) Number 493, issued by Headquarters, II Field Force Vietnam, awarded him the Army Commendation Medal (1st Oak Leaf Cluster) and "V" Device while assigned to B Battery, 2nd Battalion, 12th Artillery, on 29 March 1970.

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 29 March 1970 under casualty status code "23."  This casualty code refers to "hostile wounded in action." 

7.  He submitted multiple medical records that show he sustained fragment wounds to what appears to be the right calf and foot and he was treated for such wounds at the 15th Medical Evacuation Hospital with a follow-up at his unit aid station. 

8.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained while in action against and 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.

9.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states that 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 four campaigns:

* Vietnam Summer - Fall 1969, 9 June - 31 October 1969
* Vietnam Winter - Spring 1970, 1 November 1969 - 30 April 1970
* Sanctuary Counteroffensive, 1 May - 30 June 1970
* Vietnamese Counteroffensive Phase VII, 1 July 1970 - 30 June 1971

10.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), shows during his service with the 2nd Battalion, 12th Artillery, this unit was cited for awards of the:

* Valorous Unit Award, for service from 1 May to 29 June 1970, based on DAGO Number 43, dated 1972
* Republic of Vietnam Gallantry Cross with Palm Unit Citation, for service from 21 February 1970 to 28 February 1971, based on DAGO Number 42, dated 1972
* Republic of Vietnam Civil Actions Honor Medal with First Class Unit Citation for service from 31 August 1969 to 15 January 1971 based on DAGO Number 51, dated 1971

DISCUSSION AND CONCLUSIONS:

1.  The applicant's name is listed on the Vietnam casualty listing as having been wounded in action on 29 March 1970.  This injury is further confirmed with the medical records he submitted.  Therefore, he is entitled to award of the Purple Heart and correction of his DD Form 214 to show this award.

2.  The applicant was awarded the Vietnam Service Medal.  Additionally, he participated in four campaigns during his service in Vietnam.  Therefore, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

3.  GO awarded his unit in Vietnam the Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal with 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:

* awarding him the Purple Heart for wounds received in action on 29 March 1970 in Vietnam
* adding to his DD Form 214 the:

* Purple Heart
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal with First Class Unit Citation
* Four bronze service stars to be affixed to his already-awarded Vietnam Service Medal



      _______ _   __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)                                         AR20120013729





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ABCMR Record of Proceedings (cont)                                         AR20120013729



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