IN THE CASE OF:	  

		BOARD DATE:  22 August 2013

		DOCKET NUMBER:  AR20130000701 


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 the Purple Heart be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states he received a bullet wound to his right wrist and shrapnel to his right leg during action on 9 July 1968 in Vietnam.

3.  The applicant provides his DD Form 214 and an extract of his DA Form 20 (Enlisted Qualification 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 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.  On 12 April 1967, the applicant enlisted in the Regular Army.  He completed training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  His DA Form 20 shows in: 

* item 31 (Foreign Service) he was credited with service in Vietnam during the period 6 October 1967 through 9 October 1968
* item 38 (Record of Assignments) he was assigned to Headquarters and Headquarters Company, 2nd Battalion, 27th Infantry Regiment, performing duties as a light weapons infantryman during the period 6 October 1967 through 9 October 1968
* item 40 (Wounds) – wrist and leg bullet wound on 9 July 1968

4.  On 23 August 1970, he was honorably released from active duty.  He completed 3 years of creditable active service.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Combat Infantryman Badge
* RVN Campaign Medal with 1960 Device
* Vietnam Service Medal (VSM)
* Expert Marksmanship Qualification Badge with Rifle Bar
* Expert Marksmanship Qualification Badge with Machinegun Bar

5.  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 award of the Purple Heart pertaining to the applicant.

6.  His record is void of documentation showing he was awarded the Purple Heart by the proper authority.

7.  His name does not appear on the Vietnam casualty list.

8.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained in action against an enemy or 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 medical personnel, and the medical treatment must have been made a matter of official record.

9.  Army Regulation 600-200 (Enlisted Personnel Management System), in effect at the time, prescribed entry of a brief description of wounds or injuries requiring medical treatment, received through hostile or enemy action, including those requiring hospitalization in item 40 of the DA Form 20.  It also provided for entry of the date wounded or injured.

10.  Appendix B of Army Regulation 600-8-22 shows the campaigns for Vietnam and states a bronze service star will be awarded for wear on the VSM for participation in each campaign.  During his tour of duty in Vietnam participation credit was awarded for the following campaigns:

* Vietnam Counteroffensive Phase III (1 June 1967-29 January 1968)
* Tet Counteroffensive (30 January-1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April-30 June 1968)
* Vietnam Counteroffensive Phase V (1 July-1 November 1968)

11.  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 the 2nd Battalion, 27th Infantry Regiment was cited for the:

* Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation for the period January 1966 to August 1968 by Department of the Army General Orders (DAGO) Number 48, dated 1971; and September 1968 to 30 September 1970, DAGO Number 5, dated 1973
* RVN Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1966 through 21 January 1970 by DAGO Number 51, dated 1971  

12.  Paragraph 6 of DA Pam 672-3 states that not more than one RVN Gallantry Cross Unit Citation will be worn by any individual.  The regulation provides that although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.

DISCUSSION AND CONCLUSIONS:

1.  His DA Form 20 shows he was wounded as a result of hostile action on 9 July 1968.  Therefore, there is sufficient evidence to support awarding him the Purple Heart and adding this award to his DD Form 214.

2.  He participated in four campaigns during his service in Vietnam which entitles him to four bronze service stars for wear on his already-awarded VSM.  As such, his DD Form 214 should be corrected to show these bronze service stars.
3.  His unit in Vietnam was cited for the RVN Civil Actions Honor Medal First Class Unit Citation and two awards of the RVN Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show these unit awards.

4.  As such, his records should be corrected as recommended below.

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 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 on 9 July 1968;

	b.  deleting the VSM from his DD Form 214; and

	c.  adding the following awards to his DD Form 214:

* Purple Heart 
* VSM with four bronze service stars
* RVN Gallantry Cross with Palm Unit Citation
* RVN 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)                                         AR20130000701



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ABCMR Record of Proceedings (cont)                                         AR20130000701



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