IN THE CASE OF	:

		BOARD DATE: 10 April 2014 

		DOCKET NUMBER:  AR20130011445 


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 wounded in Vietnam and was never awarded the Purple Heart.  Medical documentation shows, "Shell Fragment Wounds," yet he did not receive a medal.

3.  The applicant provides copies of:

* National Personnel Records Center (NPRC) letter dated 20 June 2011 
* DD Form 214 
* DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty)
* Standard Form (SF) 88 (Report of Medical Examination) 
* SF 89 (Report of Medical History)
* Newspaper article
* Certificate of Service 

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 25 February 1966.  He completed basic airborne training and held military occupational specialties (MOS) 13B (Field Artillery Crewman) and 11B (Light Weapons Infantryman).

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

	a.  item 31 (Foreign Service) he served in Vietnam from 25 September 1966 through 14 May 1968; and
 
	b.  item 40 (Wounds): no entry. 

4.  He was honorably released from active duty on 18 December 1968 as a specialist four (SP4)/E-4.  He had completed 2 years, 9 months, and 5 days of active duty service.  His DD Form 214, as corrected by a DD Form 215, lists his authorized awards as the National Defense Service Medal, Parachutist Badge, Vietnam Service Medal with three bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), Combat Infantryman Badge, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

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

6.  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.

7.  He provides copies of:

	a.   His 19 November 1968 SF 89 showing in item 39 (Physician's Summary and Elaboration of All Pertinent Data):  "MFW (multiple fragmentation wounds) buttocks, thighs RVN Feb 68."

	b.  A newspaper article that states he had written to his parents that he was recovering from wounds he sustained in Vietnam on 28 February [1968].  A Soldier in front of him had set off a booby trap and the applicant had suffered fragmentation wounds to his arms and legs.

	c.  A Certificate of Service showing he served in the 2d Battalion, 502d Infantry from 25 September 1967 to 3 May 1968.

8.  Army Regulation 600-8-22, (Military Awards) 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.  Appendix B shows that during his service in Vietnam, the applicant participated in the following four campaigns:

* Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967)
* 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)

9.  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.  Medical documentation shows he was treated for wounds sustained in action in Vietnam in February 1968.  He is entitled to the Purple Heart.  

2.  He participated in four campaigns during his service in Vietnam that entitles him to four bronze service stars for wear on his already-awarded Vietnam Service Medal.  Therefore, his DD Form 214 should be corrected to show these bronze service stars.

3.  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.

4.  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:

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 in Vietnam in February 1968; 

	b.  deleting from his DD Form 214 the Vietnam Service Medal with three bronze service stars; and 

	c.  adding to his DD Form 214 the:

* Purple Heart
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Vietnam Service Medal with four bronze service stars



      ______________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)                                         AR20130011445



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