IN THE CASE OF:  	  

		BOARD DATE:  4 November 2014	  

		DOCKET NUMBER:  AR20140005858 


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

2.  The applicant states he was awarded the PH but it was never shown on his DD Form 214.  He requires this change to correct the record and for Veterans benefits.

3.  The applicant provides his DD Form 214 and a PH Certificate.

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 on 7 February 1967.  His records show he completed basic combat and advanced individual training.  He was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  The highest rank/grade he attained while serving on active duty was private first class/E-3.

3.  Item 31 (Foreign Service) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam from 18 July 1967 to 16 July 1968.  He participated in four campaign periods.

4.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows he was assigned to:

* Company B, 4th Battalion, 31st Infantry Regiment, 196th Infantry Brigade from 22 July 1967 through 7 August 1967
* Company D, 4th Battalion, 31st Infantry Regiment, 196th Infantry Brigade from 8 August 1967 through 5 December 1967
* on 6 December 1967, he was assigned to the Medical Holding Detachment, U.S. Army Hospital, Camp Zama, Japan
* Company B, 4th Battalion, 3rd Infantry Regiment, 11th Infantry Brigade, on 26 January 1968

5.  Item 40 (Wounds) of his DA Form 20 is blank.

6.  Item 41 (Awards and Decorations) of his DA Form 20 does not show the award of the PH.

7.  He was honorably released from active duty on 6 February 1969.  His DD Form 214 shows award of:

* National Defense Service Medal
* Vietnam Service Medal (VSM) with1 bronze service star
* Republic of Vietnam Campaign Medal with Device (1960)

8.  The Vietnam casualty roster, compiled by The Adjutant General's Office, Casualty Division, shows the applicant listed with a casualty status of 
24 (HOSTILE WOUNDED IN ACTION:  Not Serious Not Hospitalized), and a date of casualty of 23 November 1967.

9.  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 Awards and Decorations Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the PH pertaining to the applicant.

10.  Headquarters, 2d Training Brigade, Fort Jackson, South Carolina issued Special Order Number 64, dated 1 April 1967, awarding him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).

11.  Headquarters, 3d Training Brigade, Fort Jackson, South Carolina issued Special Order Number 93, dated 1 June1967, awarding him the Marksman Marksmanship Qualification Badge with Automatic Rifle Bar (M-16).

12.  Army Regulation 600-8-22 (Military Awards) provides:

	a.  The PH is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify the wound was the result of hostile action, the wound must have been treated by medical personnel, and the medical treatment must have been made a matter of official records.

	b.  Bronze service stars are authorized for wear on the VSM for each campaign participation credit.  A review of Army Regulation 600-8-22 shows the applicant has qualifying service during the Vietnam Counteroffensive Phase III, the Tet Counteroffensive, the Vietnam Counteroffensive Phase IV, and the Vietnam Counteroffensive Phase V campaigns.

13.  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.   4th Battalion, 31st Infantry, was cited for award of the Valorous Unit Award for the period 15 November 1967 to 3 February 1968, by Department of the Army GO (DAGO) 5, dated 27 January 1969.

	b.  All units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request that he should be awarded the PH was carefully considered.  Records show he was wounded as a result of hostile action, the wound required treatment by medical personnel, and medical treatment provided was made a matter of official record.  He provided a PH certificate so it is presumed he was awarded it, and it should be added to his DD Form 214.
2.  Records show the applicant has qualifying service for 4 campaigns, and should be shown with his VSM.

3.  While assigned, his unit was awarded the Valorous Unit Award.

4.  All units were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

5.  Records show the applicant was awarded the Marksman Marksmanship Qualification Badges with Rifle and Automatic Rifle Bars.

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 item 24 of his DD Form 214 be amended by:

	a.  Deleting the VSM

	b.  Adding the following awards:

* Purple Heart
* Vietnam Service Medal with four bronze service stars
* Valorous Unit Award









* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Automatic Rifle Bar (M-16)




      __________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)                                         AR20140005858





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ABCMR Record of Proceedings (cont)                                         AR20140005858



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