IN THE CASE OF:	  

		BOARD DATE:	  12 February 2015

		DOCKET NUMBER:  AR20140011227 


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 for wounds received in the middle of January 1970 in the Republic of Vietnam.

2.  The applicant states while he was in the Republic of Vietnam he was shot in the right calf and left thigh in the middle of January 1970.

3.  The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 8 April 1971. 

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.  On 14 January 1969, he was inducted into the Army of the United States.  

3.  On 25 June 1969, he was assigned to the 2nd Battalion, 33rd Artillery in the Republic of Vietnam.  He participated in two campaigns.

4.  The Vietnam casualty listing shows he was wounded as a result of hostile action on 15 January 1970.  His wounds were not serious, but he was hospitalized.

5.  On 19 January 1970, he was assigned to the Medical Holding Company, 105th General Hospital.  On 6 February 1970, he was assigned to the Medical Holding Company, Fitzsimmons General Hospital.

6.  On 8 April 1970, he was assigned to the 4th Battalion, 39th Field Artillery at Fort Bragg, NC.  

7.  Headquarters, 4th Battalion, 39th Artillery Special Orders Number 150, dated 29 July 1970, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar.

8.  On 25 February 1971, an informal Physical Evaluation Board (PEB) found him unfit for duty with a combined disability rating of 30 percent.  The PEB recommended he be placed on the Temporary Disability Retired List (TDRL).  

9.  On 8 April 1971, he was retired and placed on the TDRL with a disability rating of 30 percent.  There are no orders in his Military Personnel Records Jacket (MPRJ) awarding him the Purple Heart.  His DD Form 214 shows he was awarded the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems awarded during the Vietnam Conflict.  

	a.  The 2nd Battalion, 33rd Artillery was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period October 1965 to 7 April 1970.

	b.  All units assigned in Vietnam from 8 February 1962 through 28 March 1973 were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, based on Department of the Army General Order Number 8, dated 1974.
11.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.
The award of a bronze service star is authorized based on qualifying service for each campaign listed in Table B-1 (Campaigns, Service Requirements, and Inscriptions Prescribed for Streamers).  Authorized service stars will be worn on the appropriate campaign medal, including the Vietnam Service Medal.

12.  Army Regulation 672-5-1 (Military Awards), then in effect, provided that the Purple Heart was awarded to any member of an Armed Force or any civilian national of the United States who, while serving under competent authority in any capacity with one of the U.S. armed services had been wounded, killed, or who had died as a result of a wound sustained 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 a medical officer, and the medical treatment must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  The Vietnam casualty listing shows he was wounded as a result of hostile action on 15 January 1970.  Therefore, he is entitled to the Purple Heart.

2.  Based on his service in the Republic of Vietnam in the 2nd Battalion, 
33rd Artillery, he is authorized:

* two bronze service stars to be worn on his Vietnam Service Medal
* the Republic of Vietnam Gallantry Cross with Palm Unit Citation
* the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

3.  Orders in his MPRJ show he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar.

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.  awarding him the Purple Heart for wounds received as a result of hostile action in the Republic of Vietnam on 15 January 1970 and

	b.   amending his DD Form 214 with an effective date of 8 April 1971 by deleting the Vietnam Service Medal and adding the:

* Purple Heart
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar 




      ___________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)                                         AR20140011227



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140011227



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1