IN THE CASE OF:	   

		BOARD DATE:	  26 August 2014

		DOCKET NUMBER:  AR20130022220 


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 award of the Purple Heart.

2.  The applicant states he was not awarded the Purple Heart for the gunshot wound he received to his left foot due to enemy action in Vietnam.

3.  The applicant provides:

* his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* a DA Form 8-119 (Hospital Arrival Notice)
* a DA Form 8-274 (Medical Condition - Physical Profile Record)
* pictures

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's records show he was inducted into the Army of the United States (AUS) on 16 September 1965.  

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

	a.  item 31 (Foreign Service), he served in Vietnam from 3 April to 16 June 1966;

	b.  item 38 (Record of Assignments), he was assigned to:

		(1)  Company C, 2nd Battalion, 16th Infantry Regiment from 8 April to 
8 May 1966, performing duties in military occupational specialty 11H as an ammunition bearer; and

		(2)  Medical Holding Detachment, 249th General Hospital from 9 May to 
8 June 1966.

	c.  item 40 (Wounds), is blank.

   d.  item 41 (Awards and Decorations), does not list award of the Purple Heart but lists award of the Vietnam Service Medal, National Defense Service Medal, Good Conduct Medal, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  He submitted:

	a.  a DA Form 8-119, dated 20 June 1966, which notified his wife of his admission to Fitzsimons General Hospital, Denver, CO on 19 June 1996.

	b.  a DA Form 8-274, dated 30 January 1967, which shows he had limited duty due to a healed gunshot wound to his left foot.  

	c.  pictures of a left foot with injuries.

5.  On 15 September 1967, he was released from active duty after serving 
2 years.  His DD Form 214 shows he was awarded the National Defense Service Medal, Vietnam Service Medal with bronze service star, and Good Conduct Medal.

6.  Review of The Adjutant General's Office, Casualty Division's Vietnam casualty listing shows the applicant's name as a casualty on 19 April 1966 under casualty status code "23."  This casualty code refers to "hostile wounded in action, not serious, hospitalized."

7.  A review of the Awards and Decorations Computer Assisted Retrieval System maintained by the U.S. Army Human Resources Command Military Awards Branch, which is an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal any orders for the Purple Heart pertaining to the applicant.

8.  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.

9.  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:

	a.  Company C, 2d Battalion, 16th Infantry Regiment, was cited for award of the Valorous Unit Award for the period 11 and 12 April 1966 by Department of the Army General Order (DAGO) Number 17, dated 1969; 

	b.  his battalion was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period 12 July 1965 to 16 October 1968 in DAGO Number 32, dated 1968; and

	c.  his battalion was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period 12 July 1965 to 7 April 1970 in DAGO Number 53, dated 1970.

10.  The Republic of Vietnam 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 service record does not contain orders which authorize him award of the Purple Heart.  However, The Adjutant General's Office, Casualty Division's Vietnam casualty listing shows he was wounded in hostile action on 
19 April 1966.  This evidence is sufficient as a basis to award him the Purple Heart and to correct his DD Form 214 to show award of the Purple Heart.

2.  The applicant's unit was cited for award of the Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show these unit awards.

3.  The Republic of Vietnam 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, and he qualified for this award by being wounded in action.  Therefore, he is entitled to have his DD Form 214 corrected to add this award.

4.  His DA Form 20 shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).  Therefore, his DD Form 214 should be corrected to show this badge. 

BOARD VOTE:
____x___  ____x___  ____x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 sustained as a result of hostile action in the Republic of Vietnam on 19 April 1966;

	b.  adding the Purple Heart, Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Republic of Vietnam Campaign Medal with Device (1960), and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) to his DD Form 214. 



      _______ _   _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)                                         AR20130022220





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ABCMR Record of Proceedings (cont)                                         AR20130022220



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