IN THE CASE OF:	

		BOARD DATE:	  24 March 2009

		DOCKET NUMBER:  AR20080019911 


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 that he be awarded the Purple Heart.

2.  The applicant states that he was one of 12 Soldiers who were presented the Purple Heart in his unit in Vietnam.

3.  The applicant does not provide any additional documents in support of his request.

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 military records show that he enlisted in the Regular Army on 7 June 1962, reenlisted on 29 May 1965, was promoted to pay grade E-6, and served one full and one partial tour in Vietnam from 6 June 1966 to 6 January 1968 and again from 19 September to 4 December 1968.

3.  On 10 February 1969, the applicant was honorably discharged due to hardship.

4.  The applicant's military records do not contain orders awarding him the Purple Heart.  His records do not contain any evidence that the applicant was wounded or was awarded the Purple Heart.

5.  A search of the Vietnam casualty list by the Board's staff shows that the applicant was wounded on 7 January 1967.

6.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the pertinent identified campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal. Those periods are:  the Vietnam Counteroffensive (25 December 1965 through 30 June 1966); Counteroffensive, Phase III (1 July 1966 through 29 January 
1968); Counteroffensive, Phase V (1 July 1968 through 1 November 1968); and Counteroffensive, Phase VI, (2 November 1968 through 22 February 1969).

7.  Department of the Army General Order Number 8, dated 1974, awarded all personnel assigned to the United States Army Vietnam from 8 February 1962 through 28 March 1973 the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

8.  Army Regulation 600-8-22 provides that the Purple Heart is awarded for wounds 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 applicant's name on the Vietnam casualty list is irrefutable evidence that the applicant was wounded by hostile forces while in Vietnam.  As such, it would be appropriate to now award him the Purple Heart and to add that decoration to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  Based on the applicant's service in Vietnam, he is also entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation and to four bronze service stars to be worn on his already-awarded Vietnam Service Medal.

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 incurred in Vietnam on 7 January 1967; and

	b.  adding the Purple Heart, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and four bronze service stars to be worn on his already-awarded Vietnam Service Medal to his DD Form 214 for the period ending 10 February 1969.



      ___________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)                                         AR20080019911



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ABCMR Record of Proceedings (cont)                                         AR20080019911



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