RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 21 February 2007 DOCKET NUMBER: AR20060010554 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. Mr. Carl W. S. Chun Director Mr. Andrew C. Jacobs Analyst The following members, a quorum, were present: Ms. Marla Troup Chairperson Mr. John Heck Member Mr. Donald Lewy Member The Board considered the following evidence: Exhibit A - Application for correction of military records. Exhibit B - Military Personnel Records (including advisory opinion, if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests, in effect, that his military records be corrected to show the award of the Purple Heart. 2. The applicant essentially states that he was wounded in action in 1967 while serving in Vietnam, and was treated at Long Bien Hospital for shrapnel wounds to his back and buttocks. He also states, in effect, that he left Vietnam a couple of months after he was wounded, and was informed that the paperwork would catch up with him, but that it never did. 3. The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) in support of this application. CONSIDERATION OF EVIDENCE: 1. The applicant is requesting correction of an alleged error which occurred on 19 January 1968, the date of his release from active duty. The application submitted in this case is dated 18 July 2006. 2. 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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitations if the ABCMR determines that it would be in the interest of justice to do so. In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file. 3. The applicant’s military records show that he was inducted into the Army of the United States on 20 January 1966. He completed basic and advanced individual training and was awarded military occupational specialty (MOS) 13B (Field Artillery Crewman). His MOS was later changed to 11B (Light Weapons Infantryman). He was then assigned to Fort Benning, Georgia. While assigned to Company C, 4th Battalion, 12th Infantry Regiment, 199th Infantry Brigade, his unit made a permanent change of station to Vietnam on 21 November 1966. He returned to the continental United States on 25 September 1967, and served at Fort Meade, Maryland until he was honorably released from active duty on 19 January 1968. The DD Form 214 that was issued to him at the time of his release from active duty shows that he was awarded the Good Conduct Medal, the National Defense Service Medal, the Vietnam Service Medal with one bronze service star, the Republic of Vietnam Campaign Medal, the Combat Infantryman Badge, the Sharpshooter Marksmanship Qualification Badge with M-14 Rifle Bar, and the Marksman Marksmanship Qualification Badge with M-16 Rifle Bar. 4. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 does not show the award of the Purple Heart. Item 41 (Awards and Decorations) of the applicant's DA Form 20 (Enlisted Qualification Record) also does not show that he was awarded the Purple Heart. There are no general orders in the applicant’s records awarding him the Purple Heart. However, Item 40 (Wounds) of the applicant’s DA Form 20 shows that he received fragmentation wounds to his buttocks on 3 March 1967. Additionally, there is a corroborating entry on the Vietnam Casualty Roster which shows that he was wounded in action on 3 March 1967. 5. During a review of the applicant’s records, it was determined that he is entitled to additional awards and decorations that are not shown on his DD Form 214. 6. The applicant’s DD Form 214 and DA Form 20 do not show that he was awarded the Army Commendation Medal with “V” (for Valor) Device. However, Headquarters, 199th Infantry Brigade General Orders Number 563, dated 24 September 1967, awarded the applicant the Army Commendation Medal with “V” Device for exceptionally valorous actions in connection with military operations against an armed hostile force on 3 June 1967. 7. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. This document shows that, at the time of the applicant’s assignment to the 4th Battalion, 12th Infantry Regiment, the unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 8, dated 1974. It was also cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Orders Number 51, dated 1971. 8. The applicant’s DD Form 214 shows that he was awarded the Vietnam Service Medal with one bronze service star, which signifies that he participated in one campaign during his tour in Vietnam. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. Paragraph 2-13 contains the regulatory guidance on the Vietnam Service Medal. It states in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in. Table B-1 contains a list of Vietnam campaigns, and it shows that during his assignment in Vietnam, the applicant was credited with participating in the Vietnam Counteroffensive Phase II campaign and the Vietnam Counteroffensive Phase III campaign. 9. Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for 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 been treated by a medical officer, and the medical treatment must have been made a matter of official records. This regulation also provides that there is no statute of limitations on requests for award of the Purple Heart. DISCUSSION AND CONCLUSIONS: 1. The applicant contends that his military records should be corrected to show the award of the Purple Heart. 2. Evidence of record clearly shows that the applicant was wounded as a result of hostile action, and that he was treated for wounds by a medical officer which was made a matter of official record. Based on the foregoing, the applicant is entitled to award of the Purple Heart, and correction of his military records to show the award of the Purple Heart. 3. General orders awarded the applicant the Army Commendation Medal with “V” Device which is not shown on his DD Form 214. Therefore, he is entitled to correction of his military records to show the award of the Army Commendation Medal with “V” Device. 4. General orders awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to the 4th Battalion, 12th Infantry Regiment while the applicant was assigned to this unit. Therefore, he is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and correction of his military records to show these unit awards. 5. The applicant participated in two campaigns during his tour in Vietnam; therefore, he is entitled to correction of his military records to show two bronze service stars to be affixed to his already awarded Vietnam Service Medal. 6. Records show the applicant should have discovered the alleged error now under consideration on 19 January 1968; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 18 January 1971. Although the applicant did not file within the ABCMR's statute of limitations, it is appropriate to waive failure to timely file based on the relief being granted in this case, and the fact that there are no time limitations on requests for award of the Purple Heart. BOARD VOTE: ___MT __ __JH____ __DL ___ 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 and to excuse failure to timely file. 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 in action against the enemy in Vietnam while serving as a private first class on 3 March 1967; b. showing the award of the Army Commendation Medal with “V” Device; c. awarding him the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; and d. showing two bronze service stars to be affixed to his already awarded Vietnam Service Medal. ______ Marla Troup_________ CHAIRPERSON INDEX CASE ID AR20060010554 SUFFIX RECON YYYYMMDD DATE BOARDED 20070221 TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) DATE OF DISCHARGE YYYYMMDD DISCHARGE AUTHORITY AR . . . . . DISCHARGE REASON BOARD DECISION GRANT PLUS REVIEW AUTHORITY AR 15-185 ISSUES 1. 107.0015.0000 2. 107.0020.0000 (with “V” Device) 3. 107.0094.0000 4. 107.0095.0000 5. 107.0073.0000 (add bronze service star) 6. 110.0400.0000