IN THE CASE OF:	  

		BOARD DATE:  4 March 2014

		DOCKET NUMBER:  AR20130012776 


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 (Report of Separation from Active Duty), ending on 3 August 1972, to show award of the Purple Heart.

2.  The applicant states they did not have his medical record at the time of his discharge.  

3.  The applicant provides copies of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) ending on 21 July 1970, his 1972 DD Form 214, and a Department of Veterans Affairs (VA) Rating Decision.  

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 (RA) on 2 October 1969 and he held military occupational specialty 11C (infantry indirect fire crewman).  He was honorably discharged on 21 July 1970 for the purpose of immediate reenlistment. His DD Form 214 lists the National Defense Service Medal.

3.  He reenlisted in the RA on 22 July 1970.  He served in Vietnam from 5 October 1970 through 19 July 1971, during two campaigns.  

4.  Special Orders (SO) Number 7, issued by Headquarters, 23rd Infantry Division, on 7 January 1971, awarded him the Combat Infantryman Badge.

5.  General Orders (GO) Number 06028, issued by Headquarters, 23rd Infantry Division, on 29 May 1971, awarded him the Army Commendation Medal.

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

* Item 38 (Record of Assignments) – the following:

* he was assigned to the 23rd Administration Replacement Detachment from 9 to 18 October 1970
* he was assigned to Company C, 1st Battalion, 20th Infantry, 11th Infantry Brigade, from 19 October 1970 to 18 July 1971
* he was in a patient status from 19 to 26 July 1971
* item 40 (Wounds) – four fractured ribs (left) side and punctured left lung on 29 June 1971

* Item 41 (Awards and Decorations) – lists the:

* National Defense Service Medal
* Vietnam Service Medal
* Combat Infantryman Badge
* Army Commendation Medal
* Republic of Vietnam Campaign Medal
* one overseas service bar
* Marksman Marksmanship Qualification Badge with Pistol Bar          (.45 Caliber)
* Expert Marksmanship Qualification Badge with Machine Gun Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)

7.  He was discharged on 3 August 1972 under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Separations), chapter 10, for the good of the service.  He was issued an Undesirable Discharge Certificate. His DD Form 214 does not list any awards.
8.  There are no orders in his personnel records authorizing or awarding him the Purple Heart during this period of service in Vietnam.

9.  On 23 May 1977, his undesirable discharge was upgraded to a general discharge under the Department of Defense Special Discharge Review Program. On 25 May 1978, the Army Discharge Review Board affirmed the upgrade of his discharge and issued a DD Form 215 (Correction to DD Form 214) reflecting the change.

10.  He provided a copy of his VA Rating Decision, dated 15 September 2004, which shows he was awarded a service-connected rating of 100 percent for post-traumatic stress disorder.  The decision stated the VA had confirmed that he had received the Purple Heart for his service in Vietnam and that medal served as verification of combat stressors.

11.  The Vietnam casualty roster shows he was wounded on 29 July 1971.  This roster shows his casualty status code as "23."  This code indicates the status was "hostile wounded in action, hospitalized."  

12.  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.

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

   a.  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.

	b.  A bronze service star is authorized to be worn with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in.   

14.  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, 11th Infantry Brigade, was cited for the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 8 February through 30 April 1971, by Department of the Army General Orders Number 41, dated 1972.

DISCUSSION AND CONCLUSIONS:

1.  The applicant request correction of his DD Form 214 ending on 3 August 1972 to show award of the Purple Heart.  This DD Form 214 does not list any awards.  His DD Form 214 should be corrected to shows all the awards he is entitled to.

2.  There are no GO that show he was awarded the Purple Heart.  However, the available evidence shows he was injured on 29 June 1971 as a result of hostile action in Vietnam.  He was treated and the treatment was made a matter of official record.  His VA Rating Decision stated he had received the Purple Heart.  Therefore, he is entitled to its addition to his DD Form 214 ending on 3 August 1972.

3.  SO/GO awarded him the Combat Infantryman Badge and Army Commendation Medal during his period of service in Vietnam.  Therefore, he is entitled to correction of his 1972 DD Form 214 to show these awards.

4.  The evidence of records show he served in Vietnam during two campaigns.  He is therefore entitled to award of two bronze service stars to be added to his already-awarded Vietnam Service Medal.  Therefore, his 1972 DD Form 214 should be corrected to show these service stars.

5.  The evidence also shows he was awarded the Republic of Vietnam Campaign Medal, Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Caliber), Expert Marksmanship Qualification Badge with Machine Gun Bar, and Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).  Therefore, these awards should be added to his 1972 DD Form 214.

6.  GO awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, it would also be appropriate to show this unit award on his 1972 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:

* adding to his DD Form 214 ending on 3 August 1972 the:

* Purple Heart (1st Award)
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal
* Combat Infantryman Badge
* Army Commendation Medal
* Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Caliber)
* Expert Marksmanship Qualification Badge with Machine Gun Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* 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)                                         AR20130012776





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ABCMR Record of Proceedings (cont)                                         AR20130012776



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