IN THE CASE OF:	  

		BOARD DATE:  13 March 2014

		DOCKET NUMBER:  AR20130011416 


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 the Purple Heart.

2.  The applicant states he was awarded the Purple Heart for wounds received in action on 27 September 1968 while serving in the Republic of Vietnam (RVN).  However, the award is not recorded on his DD Form 214.

3.  The applicant provides copies of his DA Form 4980-10 (Purple Heart Certificate) and 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 enlisted in the Regular Army on 14 August 1967.
3.  His DA Form 20 (Enlisted Qualification Record) shows in:

a. item 31 (Foreign Service):  Vietnam from 15 March 1968 through 
22 October 1969;

   b.  item 38 (Record of Assignments):

* Company C, 1st Battalion (Airborne), 503rd Infantry, 173rd Airborne Brigade (Separate), from 21 March 1968 through 26 September 1968
* U.S.  Army Vietnam (USARV) Patient Casualty Company, 
67th Evacuation Hospital, from 27 September to 21 October 1968
* Company C, 1st Battalion (Airborne), 503rd Infantry, 173rd Airborne Brigade (Separate), from 22 October through 19 November 1968
* Headquarters and Headquarters Detachment with duty Company  E (Provisional), Support Battalion, 173rd Airborne Brigade, from 
20 November 1968 through 23 March 1969
* Company A (Administration) with duty Brigade School, 173rd Airborne Support Battalion, 173rd Airborne Brigade, from 24 March through 
19 October 1969

4.  USARV message, date-time group 282241Z September 1968, reported the applicant was not seriously wounded when he received a fragment wound to his right arm at 1530 hours, 27 September 1968, when engaged with a hostile force in a firefight while on a reconnaissance in force mission in the RVN.

5.  The applicant's DD Form 214 shows he was honorably released from active duty on 13 August 1970.  He had completed 3 years of total active service this period.  It also shows he was awarded or authorized the:

* National Defense Service Medal
* Parachutist Badge
* Vietnam Service Medal
* RVN Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Army Good Conduct Medal (1st Award)
* Bronze Star Medal

6.  A review of The Adjutant General's Office Casualty Division's Vietnam Casualty Listing shows the applicant's name as a casualty on 27 September 1968, casualty status code 23 (hostile wounded in action:  not serious, hospitalized).

7.  A review of the applicant's military personnel records failed to reveal any evidence that he was awarded the Purple Heart.

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 U.S. Army Human Resources Command Military Awards Branch, failed to reveal any award orders pertaining to the applicant.

9.  In support of his request the applicant provides a copy of a Purple Heart Certificate issued by the Commanding General, 173d Airborne Brigade, on
10 February 1969, that shows the applicant was awarded the Purple Heart for wounds received in action on 27 September 1968 in the RVN.

10.  A review of the applicant's military personnel records reveals he may be entitled to additional awards that are not shown on his DD Form 214.

11.  Headquarters, Fort Polk, LA, Special Orders (SO) Number 256, dated 
3 October 1967, awarded the applicant the Marksman Marksmanship Qualification Badge with (M-14) Rifle Bar.

12.  Orders issued by Headquarters, 3d Training Brigade (Infantry), U.S. Army Training Center, Fort Gordon, GA, show:

* SO Number 199, dated 29 November 1967, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with (M-60) Machinegun Bar
* SO Number 216, dated 31 December 1967, awarded him the Marksman Marksmanship Qualification Badge with (M-16) Automatic Rifle Bar

13.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.
	a.  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.

	b.  Paragraph 2-13 contains the regulatory guidance on the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  A silver service star is authorized in lieu of five bronze service stars.

   c.  Appendix B shows that during his service in Vietnam, the applicant participated in the following six campaigns:

* 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)
* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* Tet Counteroffensive 1969 (23 February - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  It shows the 1st Battalion, 503rd Infantry, was cited for award of the RVN Gallantry Cross with Palm Unit Citation for the period 5 May 1965 through 26 September 1970 by Department of the Army General Orders Number 51 (1971).

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show award of the Purple Heart.

2.  The Vietnam casualty roster shows the applicant was wounded in action in the RVN on 27 September 1968 and that he was hospitalized for medical treatment of his wounds.  The evidence of record also shows the Commanding General, 173d Airborne Brigade, issued the applicant the Purple Heart Certificate on 10 February 1969 for wounds received in action on 27 September 1968 in the RVN.  Therefore, it would be appropriate at this time to correct the applicant's records to show award of the Purple Heart.

3.  The evidence of record shows:

	a.  the applicant qualified for award of the Vietnam Service Medal and he served in six campaigns during his service in Vietnam.  Thus, he is entitled to one silver service star and one bronze service star for wear on his already-awarded Vietnam Service Medal;

	b.  general orders awarded the applicant's unit the RVN Gallantry Cross with Palm Unit Citation; and



	c.  special orders awarded the applicant the:

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

4.  In view of the foregoing, it would be appropriate to correct the applicant's DD Form 214 to show his awards and decorations, 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 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.  deleting from his DD Form 214 the Vietnam Service Medal; and

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

* Purple Heart
* Vietnam Service Medal with 1 silver service star and 1 bronze service star
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with (M-60) Machinegun Bar






* Marksman Marksmanship Qualification Badge with (M-14) Rifle Bar
* Marksman Marksmanship Qualification Badge with (M-16) Automatic Rifle Bar




      _______ _  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)                                         AR20130011416



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ABCMR Record of Proceedings (cont)                                         AR20130011416



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