BOARD DATE:	  21 May 2013

		DOCKET NUMBER:  AR20120019048 


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.  He states, in effect, that although he sustained a fragment wound to his left knee while serving in the Republic of Vietnam (RVN) in 1968, he was not awarded the Purple Heart.  He attributes this oversight to honest human error.  He adds that he is currently receiving 40% disability from the Department of Veterans Affairs (DVA) Regional Office located in Montgomery, AL.

3.  He provides:

* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* DVA Rating Decision
* Progress Note extracted from his medical record

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 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.  His record shows he was inducted into the Army of the United States and entered active duty on 19 October 1967.  Upon completion of entry level training, he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  The highest rank he attained while serving on active duty was specialist four/pay grade E-4.  However, at the time of his separation he held the rank/pay grade of private first class/E-3.  On 17 October 1969, he was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.

3.  His record contains Special Orders Number 281 issued by Headquarters, U.S. Army Training Center, Infantry, Fort Benning, GA, on 29 November 1967, which show he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) on 25 November 1967.

4.  His record contains Special Orders Number 022 issued by Headquarters, U.S. Army Training Center, Infantry and Fort Polk, LA, on 25 January 1968, which show he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) on 20 December 1967.

5.  His record contains Special Orders Number 026 issued by Headquarters, U.S. Army Training Center, Infantry and Fort Polk, LA, on 30 January 1968, which show he was awarded the Marksman Marksmanship Qualification Badge with Machinegun Bar (M-60) on 26 January 1968.

6.  His DA Form 20 (Enlisted Qualification Record) contains the following pertinent information:

	a.  Item 31 (Foreign Service) shows he served in the RVN from 2 March through 22 April 1968.

	b.  Item 38 (Record of Assignments) shows that during his tour of duty in the RVN, he served as an 11B Rifleman with Company B, 1st Battalion (Airborne), 501st Infantry Regiment, 101st Airborne Division from 7 April through 26 May1968.  He was then transferred to a "Patient" status in the Medical Holding Detachment of the 106th General Hospital located in Japan from 17 May through 3 July 1968.  

	c.  Item 40 (Wounds) of his DA Form 20 shows he sustained a fragment wound to his left knee on 17 April 1968.
7.  His record contains an electronic casualty report which shows he sustained a fragment wound to his left knee when hit by fragments from hostile rocket propelled grenade while conducting a combat operation in the vicinity of Thua Thien.

8.  His record contains a Western Union Telefax, dated 18 April 1968, wherein The Adjutant General informed the applicant's parents that he was slightly wounded in Vietnam on 17 April 1968 as a result of hostile action.  He received a fragment wound to his left knee when he was hit by fragment from a hostile anti-tank round while on a combat operation.  He was hospitalized in Vietnam.

9.  His DD Form 214 shows the:

* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars

10.  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.

11.  Army Regulation 600-8-22 states the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.

12.  Army Regulation 600-8-22 states the RVN Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period      1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Individuals who qualified for award of the Vietnam Service Medal and served for less than six months of service but:

* were wounded as a result of hostile action 
* were captured by hostile forces but later escaped or were rescued or released
* were killed in action or otherwise in line of duty

are also entitled to award of the RVN Campaign Medal with Device (1960).
13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the unit to which the applicant was assigned was cited for award of the:

* RVN Gallantry Cross with Palm Unit Citation for action during the period 19 April - 15 August 1968, by Department of the Army General Order (DAGO) Number 21, dated 1969
* RVN Civil Actions Honor Medal First Class Unit Citation for action during the period 18 March 1968 - 2 May 1970, by DAGO Number 48, dated 1971

DISCUSSION AND CONCLUSIONS:

1.  Evidence clearly shows the applicant sustained a wound while in action against an enemy as a result of hostile action on 17 April 1968.  The wound was treated by medical personnel, and the medical treatment was made a matter of official record.  Therefore, it would be appropriate to award the applicant the Purple Heart in recognition of a wound sustained as a result of hostile action in the RVN on 17 April 1968 and to add the Purple Heart to his DD Form 214. 

2.  Evidence clearly shows he participated in active ground combat while assigned to a qualifying unit of brigade, regimental, or smaller size, while serving in a qualifying MOS in the RVN.  Therefore, it would be appropriate to award the applicant the Combat Infantryman Badge for participation in active ground combat against a hostile force in the RVN on 17 April 1968 and to add the badge to his DD Form 214.

3.  Special orders awarded him the following marksmanship qualification badges.
Therefore, he is entitled to have them shown on his DD Form 214:

* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) and Machinegun Bar (M-60)

4.  DAGOs awarded his unit the following awards for actions during his period of assignment.  Therefore, he is entitled to have his DD Form 214 corrected to show these unit awards:

* RVN Gallantry Cross with Palm Unit Citation
* RVN Civil Actions Honor Medal First Class Unit Citation

5.  Records show the applicant served a qualifying period of service in the RVN for award of the RVN Campaign Medal with Device (1960).  Therefore, he is entitled to correction of his DD Form 214 to show this campaign medal.

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 in recognition of a wound sustained as a result of hostile action in the RVN on 17 April 1968;

	b.  awarding him the Combat Infantryman Badge for participation in active ground combat against a hostile force in the RVN on 17 April 1968;

	c.  adding to his DD Form 214 the:

* Purple Heart
* Combat Infantryman Badge
* RVN Campaign Medal with Device (1960)
* RVN Gallantry Cross with Palm Unit Citation
* RVN Civil Actions Honor Medal First Class Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) and Machinegun Bar (M-60)







	d.  providing him a document to show these changes.



      _______ _   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)                                         AR20120019048





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ABCMR Record of Proceedings (cont)                                         AR20120019048



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