BOARD DATE:	  1 August 2013

		DOCKET NUMBER:  AR20120022786 


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 a third award of the Purple Heart.

2.  The applicant states he was never awarded the Purple Heart (3rd Award) for wounds he received in action on 6 August 1969 in the A Shau Valley, Vietnam.

3.  The applicant provides:

* two DA Forms 8-275-3 (Clinical Record Cover Sheet), dated 7 August 1969 and 9 August 1969
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)

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 10 June 1968 and held military occupational specialty 11B (Light Weapons Infantryman).  

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

	a.  item 31 (Foreign Service) and item 38 (Record of Assignments), that he was assigned to Vietnam from 12 November 1968 to 12 November 1969 and served with Company B, 1st Battalion (Airmobile), 506th Infantry Regiment from 27 November 1968 to 5 November 1969.

	b.  item 40 (Wounds), that he received the following wounds as a result of hostile enemy action on:

* 21 July 1969, he received fragment wounds on his buttocks
* 24 August 1969, he received fragment wounds to his neck

	c.  item 41 (Awards and Decorations), that he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Combat Infantryman Badge
* Army Commendation Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Air Medal
* Bronze Star Medal 
* Purple Heart (2nd Award)

4.  General Orders (GO) Number 9892, issued by Headquarters, 101st Airborne Division, Vietnam, on 28 July 1969, awarded him the Purple Heart for wounds he sustained as a result of hostile enemy action on 21 July 1969.

5.  GO Number 11893, issued by Headquarters, 101st Airborne Division, Vietnam, on 10 September 1969, awarded him the Purple Heart for wounds he sustained as a result of hostile enemy action on 24 August 1969.

6.  Special Orders (SO) Number 68, issued by the U.S. Army Flight Training Center, Fort Stewart, GA, on 30 March 1970 awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).
7.  He was honorably released from active duty on 9 June 1970.  His 
DD Form 214 shows he completed 2 years of net active service, of which, 1 year and 1 day was credited as foreign service.  Additionally, it shows he was awarded or authorized the:

* Bronze Star Medal with "V" Device 
* Army Commendation Medal
* Air Medal
* Purple Heart (2nd Award)
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device 1960

8.  He provided two DA Forms 8-275-3, dated 7 August 1969 and 9 August 1969, which show he was wounded in action in the A Shau Valley on 6 August 1969 as a result of a grenade blast and received fragment wounds to his left shoulder.

9.  Army Regulation 600-8-22 (Military Awards) states:

	a.  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.

	b.  A bronze service star is authorized with the Vietnam Service Medal 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 Counteroffensive, Phase VI (2 November 1968-22 February 1969)
* Tet 69 Counteroffensive (23 February 1969-8 June 1969)
* Vietnam Summer-Fall 1969 (9June 1969-31 October 1969)
* Vietnam Winter-Spring 1970 (1 November 1969-30 April 1970)

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows 1st Battalion, 506th Infantry Regiment was cited for award of the:

* Presidential Unit Citation for the period 10-21 May 1969, by Department of the Army GO (DAGO) Number 16, dated 1972
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 19 July 1968 to 14 May 1969, by DAGO 43, dated 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 3 October 1968 to 2 May 1970, by DAGO 48, dated 1971

DISCUSSION AND CONCLUSIONS:

1.  The applicant provided two DA Forms 8-275-3 showing he was wounded in action in the A Shau Valley on 6 August 1969 as a result of a grenade blast and received fragment wounds to his left shoulder.  This entitles him to award of the Purple Heart (3rd Award) and correction of his DD Form 214 to show this award.

2.  SO awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).  Therefore, he is entitled to correction of his DD Form 214 to add this badge.

3.  The evidence of record shows, during his service in Vietnam, he participated in four campaigns.  Therefore, he is entitled to correction of his DD Form 214 to add four bronze service stars to his previously-awarded Vietnam Service Medal.

4.  GO awarded his unit in Vietnam the Presidential Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period of his assignment.  Therefore, he is entitled to correction of his DD Form 214 to add 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 wounds received in action on 6 August 1969;

	b.  deleting from his DD Form 214 the Purple Heart (2nd Award); and

	c.  adding to his DD Form 214:

* Purple Heart (3rd Award)
* Four bronze service stars to be affixed to his previously-awarded Vietnam Service Medal
* Presidential Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)



      _______ _   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)                                         AR20120022786





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ABCMR Record of Proceedings (cont)                                         AR20120022786



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