IN THE CASE OF:	  

		BOARD DATE:	  5 December 2013

		DOCKET NUMBER:  AR20130007190 


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 he was awarded the Purple Heart in 1970 in Vietnam and it is not annotated on his DD Form 214. 

3.  The applicant did not provide any supporting documentation.

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 enlisted in the Regular Army on 22 September 1963.  He completed training in military occupational specialty (MOS) 11B (Light Weapons Infantryman).

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

	a.  item 31 (Foreign Service) service in Germany from 19 April 1969 through 19 June 1970 and Vietnam from 15 August to 26 September 1970;

	b.  item 38 (Record of Assignments) - in part -

* from 28 August through 12 September 1970 as an MOS 11B squad leader in the 17th Cavalry, 4th Infantry Division
* from 13 September through 25 September 1970 as a patient in the Medical Holding Company, 249th General Hospital 
* from 26 September 1970 through 22 February 1971 as a patient at the Medical Holding Company, U.S. Army Medical Activity, Fort Gordon, Georgia

	c.  item 40 (Wounds):

* "Broken (L) Arm  5 Sep 70"
* "Broken (L) Mandible  6 Sep 70"
* "Fractured Vertabra of T-11 & T-12 Fractured (L) Ft.  29 Sep 70"

4.  He received a general discharge on 4 September 1973.  His DD Form 214 lists the National Defense Service Medal, Vietnam Service Medal, and the Combat Infantryman Badge.

5.  The applicant's 12 June 1973 separation physical shows in:

	a.  Medical History:  "Back Injury/7 Sep 70 (Vietnam)…Operation on Spine (1970) (Spinal Fusion)"; 

	b.  Medical Examination:  The applicant states "I am in fair health.  Have permanent disability and P3 Profile on wounds received in Vietnam.  Hearing problems out of right ear."

6.  The applicant's service medical records are not available.  Presumably, they have been loaned to the Department of Veterans Affairs (VA).



7.  The applicant's name is not listed on the Vietnam Casualty Roster.

8.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), a partial compilation of general orders issued during the Vietnam era maintained by the Awards Branch of the U.S. Army Human Resources Command, failed to reveal anything pertaining to the applicant.

9.  Army Regulation 600-200 (Enlisted Personnel Management), chapter 9 of the version in effect at the time, stated a brief description of wounds or injuries (including injury from gas) requiring medical treatment received through hostile or enemy action, including those requiring hospitalization would be entered in item 40 of the DA Form 20.  This regulation further stated that the date the wound or injury occurred would also be placed in item 40.

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

		(1)  Qualifying campaign periods for bronze service stars for the Vietnam Service Medal include the Vietnam Counteroffensive Phase VII 1 July 1970 – 
30 June 1971.

		(2) The Republic of Vietnam 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.  Also eligible for this award are individuals who qualified for award of the Vietnam Service Medal served for less than six months of service but were wounded and evacuated as a result of hostile action. 

11.  Department of the Army General Orders Number 8, dated 1974, announced   award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to          28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  Although item 40 of the applicant’s DA Form 20 indicates he was wounded on three separate dates he requests only one Purple Heart.  



2.  Item 40 of the applicant's DA Form 20 shows he was wounded in Vietnam on 
5 and 6 September 1970, and his separation physical mentioned a back injury on 7 September 1970.  In the absence of evidence to the contrary it is presumed the three injuries were incurred in the same incident.  He qualifies for award of the Purple Heart.

3.  Although there is an entry in item 40 of his DA Form 20 showing "Fractured Vertabra of T-11 & T-12 Fractured (L) Ft.  29 Sep 70," item 38 shows he was a patient in the 249th General Hospital on that date.  It is presumed the entry reflects the date of a surgery on his back.

4.  The applicant served in Vietnam during a designated campaign period and is authorized a bronze service star for wear on his already-awarded Vietnam Service Medal.

5.  His records show he qualified for award of the Republic of Vietnam Campaign Medal with Device (1960).

6.  His unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for a period of time that included the applicant's tour of duty.

7.  All of the applicant's awards should be correctly shown on his DD Form 214. 

BOARD VOTE:

____X____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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 sustained in action on 
5-6 September 1970;



   b.  adding to his DD Form 214 the:

* Purple Heart
* one bronze service star for his already-awarded Vietnam Service Medal 
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm 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)                                         AR20130006990



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ABCMR Record of Proceedings (cont)                                         AR20130007190



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