IN THE CASE OF:	  

		BOARD DATE:  13 March 2014

		DOCKET NUMBER:  AR20130011688 


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

2.  He states:

* he was awarded the Purple Heart for wounds he received in combat on 
	18 March 1969
* he was in the hospital in Da Nang and Yokohama, Japan
* he doesn't have a citation for the Purple Heart and it is not listed on his 
	DD Form 214

3.  He provides no additional documents.

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 21 August 1968.

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

   a.  Item 31 (Foreign Service), he served in the Republic of Vietnam (RVN) from 19 January to 7 May 1969 and in Korea from 7 May 1969 to 24 March 1970.
   
   b.  Item 38 (Record of Assignments), he was assigned to A Battery and Headquarters Battery, 3rd Battalion, 16th Artillery in the RVN from 2 February to 24 March 1969, then he was transferred to a patient status.

   c.  Item 40 (Wounds), no entry indicating he sustained a wound in action.
   
   d.  Item 41 (Awards and Decorations), no entry for award of the Purple Heart.

4.  His service record is void of orders which show he was awarded the Purple Heart.  His name is listed on the Vietnam Casualty Roster and shows he was wounded in action on 18 March 1969.  

5.  He was honorably released from active duty on 25 March 1970 after completion of 1 year, 7 months, and 5 days of active military service.  

6.  His DD Form 214 shows award of the:

* National Defense Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Vietnam Service Medal
* Armed Forces Expeditionary Medal
* Army Good Conduct Medal

7.  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 the Purple Heart pertaining to the applicant.


8.  Department of the Army General Orders Number 8, dated 1974, announced   award of the RVN 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.

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.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states that 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 Vietnam Counteroffensive Phase VI and Tet 69/Counteroffensive campaigns.  

11.  Army Regulation 600-8-22 states the RVN 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.  Also eligible for this award are individuals who qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and served for less than six months of service but:

* were wounded as a result of hostile action 
* were captured by hostile forces but later escaped or were rescued or released
* were killed in action or otherwise in line of duty

DISCUSSION AND CONCLUSIONS:

1.  The applicant's available service record does not contain orders that award him the Purple Heart.  However, his name is listed on the Vietnam Casualty Roster that confirms he was wounded in action on 18 March 1969.  Therefore, this evidence is sufficient as a basis to correct his DD Form 214 to show award of the Purple Heart. 

2.  All units in Vietnam were cited for award of the RVN Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show this foreign unit award.
3.  He participated in two campaign phases during his service in Vietnam.  Therefore, he is entitled to two bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

4.  He served in the RVN from 19 January to 7 May 1969 but he was wounded on 18 March 1969.  Therefore, he served a period of qualifying service for award of the RVN Campaign Medal with Device (1960) and correction of his DD Form 214 to show this award.

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 the Vietnam Service Medal from his DD Form 214 and 
   
   b.  amending his DD Form 214 by adding award of the Purple Heart, RVN Gallantry Cross with Palm Unit Citation, Vietnam Service Medal with two bronze service stars, and RVN Campaign Medal with Device (1960).



      _______ _  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)                                         AR20130011688





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ABCMR Record of Proceedings (cont)                                         AR20130011688



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