BOARD DATE:	  9 June 2015

		DOCKET NUMBER:  AR20140017504


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 (Armed Forces of the United States Report of Transfer or Discharge) to show he was awarded the Purple Heart, as well as any other individual or unit awards to which he may be entitled.

2.  The applicant states he served in combat in the infantry during the Vietnam War and was wounded by grenade fragmentation on 7 November 1966.

3.  The applicant provides copies of his DD Form 214 and General Orders Number 20 issued by Headquarters, 18th Surgical Hospital on 10 November 1966.

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                  24 November 1965.  After completing his initial entry training, he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  The highest rank/grade he attained during his period of active military service was specialist four (SP4)/E-4.

3.  He served in the Republic of Vietnam from on or about 21 July 1966 through on or about 11 July 1967.  During this period of service, he was assigned to:

* Company B, 1st Battalion, 12th Infantry Regiment, 4th Infantry Division, from on or about 21 July 1966 through on or about 7 November 1966 
* 85th Evacuation Hospital, 18th Surgical Hospital, and U.S. Army Hospital, Camp Zama, Japan, from on or about 8 November 1966 through on or about 4 February 1967
* 4th Administration Company, 4th Infantry Division, from on or about          5 February 1967 through on or about 11 July 1967

4.  His record contains a casualty message, dated 9 December 1966, which shows he was wounded in action on 7 November 1966, wherein he received fragmentary wounds to his abdomen.  

5.  He was honorably released from active duty on 22 November 1967.  His DD Form 214 shows he completed 1 year, 11 months, and 29 days of net active service.  His DD Form 214 further shows he was awarded or authorized the: 

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

6.  The Vietnam casualty roster indicates the applicant sustained wounds resulting from hostile fire on 7 November 1966.  His casualty status code was "23," which refers to "hostile wounded in action, not serious, hospitalized."

7.  He provides a copy of General Orders Number 20, issued by Headquarters, 18th Surgical Hospital on 10 November 1966, which are not contained within his available record.  These orders show he was awarded the Purple Heart for wounds received in the Republic of Vietnam on 7 November 1966.

8.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded to a member of the Armed Forces of the United States who, while serving in any capacity with one of the U.S. Armed Services after 5 April 1917, has been wounded or killed or who has died or may die after being wounded in any action against an enemy of the United States.  Substantiating evidence must be provided to verify the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

9.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance for the Vietnam Service Medal and 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, participation credit was awarded for the following two campaigns:

* Vietnam Counteroffensive, Phase II (1 July 1966 – 31 May 1967)
* Vietnam Counteroffensive, Phase III (1 June 1967 – 29 January 1968)

10.  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 the 1st Battalion, 12th Infantry Regiment and the 4th Administration Company, the units to which the applicant was assigned, were both cited for the: 

* Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 1 October 1966 through 28 July 1969, by Department of the Army General Orders (DAGO) Number 3, dated 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for the period 1 October 1966 through 31 October 1969, by DAGO Number 53, dated 1970

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show he was awarded the Purple Heart and any other individual or unit awards to which he may be entitled was carefully considered and was found to have merit.

2.  The evidence of record shows he was wounded by hostile fire on 7 November 1966, received medical treatment for his wounds, and the treatment was made part of his official record.  Additionally, General Orders Number 20, issued by Headquarters, 18th Surgical Hospital on 10 November 1966, show he was awarded the Purple Heart for wounds he received on 7 November 1966.  Therefore, it would be appropriate to correct his DD Form 214 to show he was awarded the Purple Heart.

3.  Records show he participated in two campaigns during his service in Vietnam. Therefore, he is entitled to correction of his DD Form 214 to show two bronze service stars for wear on his previously-awarded Vietnam Service Medal.

4.  General orders awarded his units of assignment in the Republic of Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the periods in which he was assigned.  These unit awards are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show them.

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 amending his DD Form 214 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




      __________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)                                         AR20100015543



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ABCMR Record of Proceedings (cont)                                         AR20140017504



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