IN THE CASE OF:	  

		BOARD DATE:	  12 December 2013

		DOCKET NUMBER:  AR20130006815 


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

2.  The applicant states his DD Form 214 does not reflect that he was awarded a Purple Heart, but does show he was wounded in Vietnam on 25 March 1969 (i.e., 1968).  He was wounded in the chest and right shoulder.  He needs his DD Form 214 to reflect that he was awarded the Purple Heart for when he needs to show proof of the Purple Heart.  The proof is not on the DD Form 214.  

3.  The applicant provides copies of Purple Heart Certificate, a picture of himself taken during his hospitalization, and his DD Form 214.

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 19 September 1967.  He completed training and was awarded military occupational specialty 11C (indirect fire crewman).  He served in Vietnam from 6 March 1968 to 13 May 1968, during two campaigns.  He was assigned to:

* Company A, 1st Battalion, 26th Infantry, 1st Infantry Division from 17 March to 1 April 1968
* Company B, 1st Battalion, 26th Infantry, 1st Infantry Division from 2 April to 12 May 1968
* Patient status from 13 May to 4 August 1968

3.  He provides a copy of a certificate, dated 9 May 1968, awarding him the Purple Heart for wounds received in action on 25 March 1968 in Vietnam.

4.  He was released from active duty on 18 September 1969 and was transferred to the U.S. Army Reserve Control Group (Annual Training).  He was credited with completing 2 years of net active service and 2 months of foreign service in Vietnam.

5.  His DD Form 214 shows in:

* Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) - National Defense Service Medal, Vietnam Campaign Medal, Vietnam Service Medal with two bronze service stars, Army Good Conduct Medal, Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), and Combat Infantryman Badge
* Item 30 (Remarks) – Wounds: Shrapnel wound to chest and right shoulder, 25 March 1968, Republic of Vietnam

6.  Item 40 of his DA Form 20 contains the entries "Shrapnel wound to chest and right shoulder on 25 March 1968."  There are no orders in his military personnel records awarding him any Purple Heart.

7.  The Vietnam casualty roster shows he was wounded on 25 March 1968.  This roster shows his casualty status code for both injuries as "23."  This code indicates the status was "hostile wounded in action, not serious, hospitalized."  

8.  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 orders for the Purple Heart pertaining to the applicant.

9.  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.

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 his unit, 1st Battalion, 26th Infantry, was cited for the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 12 July 1965 to 16 October 1968, by Department of the Army General Orders (DAGO) Number 21, dated 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period October 1965 to 7 April 19670, by DAGO Number 53, dated 1970

DISCUSSION AND CONCLUSIONS:

1.  There are no general orders that show the applicant was awarded the Purple Heart.  However, the available evidence shows he was wounded on 25 March 1968 as a result of hostile action in Vietnam.  He was treated and the treatment was made a matter of official record.  Therefore, he is entitled to correction of his DD Form 214 to show award of the Purple Heart.

2.  General orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, it would also be appropriate to correct 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 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 the following awards to his DD Form 214:

* Purple Heart
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam 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)                                         AR20130006815





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ABCMR Record of Proceedings (cont)                                         AR20130006815



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