IN THE CASE OF:	  

		BOARD DATE:	  10 July 2014

		DOCKET NUMBER:  AR20130018867 


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

2.  The applicant states:

* he was combat wounded by an enemy mortar on 16 January 1971 in Vietnam
* the Purple Heart is annotated on his DA Form 3647 (Clinical Record Cover Sheet)

3.  The applicant provides:

* DA Form 3647
* 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 was inducted into the Army of the United States on 19 May 1970.  He served as a light weapons infantryman assigned to Company B, 1st Battalion, 61st Infantry in Vietnam from 24 November 1970 until he was wounded in action on 16 January 1971.  He returned to the United States for further medical treatment on 2 February 1971.  On 6 January 1972, he was honorably released from active duty.

3.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Machine Gun 
(M-60) Bar 

4.  There are no orders for the Purple Heart in the available records.  A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), 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 orders for the Purple Heart pertaining to the applicant.  However, item 40 (Wounds) of his DA Form 20 shows he was wounded on 16 January 1971 (fragment wound to abdomen).

5.  He provides a DA Form 3647, dated 16 January 1971, that shows he was treated for wounds to his head, abdomen, and right foot.  This form also states he was injured by fragments from enemy mortar fire on 16 January 1971 and the Purple Heart was awarded by General Orders Number 9 on 18 January 1971.

6.  Orders, dated 15 December 1971, show he received the first award of the Army Good Conduct Medal for the period 19 May 1970 to 6 January 1972.

7.  Army Regulation 600-8-22 (Military Awards) provides that 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.

8.  Army Regulation 600-8-22, 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 three campaigns:

* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)
* Sanctuary Counteroffensive (1 May - 30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)

9.  Army Regulation 600-200 (Enlisted Personnel Management System), 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.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  Paragraph 6d states 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.

11.  Department of the Army Pamphlet 672-3 also shows the 1st Battalion, 61st Infantry, was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 30 to 31 October 1970 by Department of the Army General Order Number 24, dated 1972.

DISCUSSION AND CONCLUSIONS:

1.  The entry in item 40 of the applicant's DA Form 20 that shows he was wounded on 16 January 1971 and the DA Form 3647 provided by the applicant that shows he was awarded the Purple Heart on 18 January 1971 are accepted as sufficient evidence on which to base adding the Purple Heart to his DD Form 214.

2.  Orders show he received the first award of the Army Good Conduct Medal.  Therefore, his DD Form 214 should be corrected to show this award.
3.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam.  The applicant was also assigned to a unit that was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during a qualifying period; therefore, he is entitled to correction of his DD Form 214 to show this unit award.

4.  Evidence shows the applicant participated in three campaigns during his service in Vietnam; therefore, he is entitled to three 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.

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 
deleting from his DD Form 214 the Vietnam Service Medal with two bronze service stars and adding to his DD Form 214 the:

* Purple Heart
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class 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)                                         AR20130018867





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ABCMR Record of Proceedings (cont)                                         AR20130018867



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