RECORD OF PROCEEDINGS


	IN THE CASE OF:	


	BOARD DATE:	  1 February 2007
	DOCKET NUMBER:  AR20060009399 


	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



Analyst
      The following members, a quorum, were present:




Chairperson



Member



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, award of the Purple Heart. 

2.  The applicant states, in effect, he would like the decoration added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  This would be needed on his DD Form 214 when, if he gets, receives a government headstone.   

3.  The applicant provides copies of his Purple Heart certificate and his DD Form 214, in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 10 April 1969, the date of his release from active duty.  The application submitted in this case is dated 22 June 2002.

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 United States Army, in pay grade E-1, on 11 April 1967.  He completed basic and advanced individual training and was assigned military occupational specialty (MOS) 11B, light weapons infantryman.

4.  His records show that he served in the Republic of Vietnam from 13 September 1967 through 17 September 1968, with Troop A, 1st Squadron, 10th Cavalry and Troop C, 1st Squadron, 10th Cavalry, for four campaigns.

5.  The applicant submits a copy of a Purple Heart certificate, dated 17 August 1968, for award of the Purple Heart for wounds received in action in the Republic of Vietnam on 14 July 1968.



6.  Records maintained by Awards Branch, Human Resources Command, Alexandria, Virginia, contain General Orders Number 4500, dated 19 August 1968, awarding the applicant the Army Commendation Medal for meritorious service in the Republic of Vietnam from September 1967 to September 1968.

7.  There are no orders in the applicant's service personnel records that show he was awarded the Purple Heart.  His DA Form 20 (Enlisted Qualification Record), Item 40 (Wounds) shows "Abrasions of Nose" on 14 July 1968.  Item 41 (Awards and Decorations) does not show award of the Purple Heart.

8.  The Vietnam Casualty Roster lists the applicant's name on page 1690.

9.  He was released from active duty, in pay grade E-4, on 10 April 1969, and transferred to the United States Army Reserve (USAR) Annual Training.

10.  Entries on his DD Form 214, Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) list the following awards:  the National Defense Service Medal, the Vietnam Service Medal with 2 bronze service stars, the Vietnam Campaign Medal with Device 60, the Marksman Marksmanship Qualification Badge (M-14), the Marksman Marksmanship Qualification Badge (M-16), the Expert Marksmanship Qualification Badge (M-60), and two Overseas Service Bars.  The Purple Heart is not listed.  

11.  He was discharged from the USAR of his Expiration of Term of Service on 1 April 1973.

12.  Army Regulation 600-8-22 (Military Awards) 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 required treatment, and the medical treatment must have been made a matter of official record.  The regulation also states that the Purple Heart is not governed by the statute of limitations.

13.  Army Regulation 600-8-22 provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers, and to enlisted and warrant officer persons who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  

14.  Department of the Army General Order Number 8, dated in 1974, authorized the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all personnel assigned to the United States Army Vietnam.

15.  Army Regulation 600-8-22 also authorizes a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal including the Vietnam Service Medal.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant is entitled to award of the Purple Heart.  The evidence of record shows that he was awarded a Purple Heart for wounds he received in Vietnam on 14 July 1998, as a result of hostile action, and made a matter of official medical record.  

2.  The evidence of record shows the applicant meets the criteria for award of the Combat Infantryman Badge.  Evidence shows the applicant held and served in an infantry MOS while assigned or attached to an infantry unit of brigade, regimental or smaller size, and served in active ground combat while assigned or attached to this infantry unit.  Therefore, he is entitled to this award.

3.  The evidence also shows the applicant was awarded the Army Commendation Medal for meritorious service in the Republic of Vietnam from September 1967 to September 1968 and his records should be corrected accordingly.  

4.  The evidence further shows that based on his service in Vietnam, the applicant is entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation and award of two additional bronze service stars for the Vietnam Service Medal.  These awards are not shown on the applicant's DD Form 214.

5.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

6.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 10 April 1969, date of his release from active duty; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 9 April 1972.  The applicant did not file within the 3-year statute of limitations.  However, since award of the Purple Heart is not governed by a statute of limitations, it is appropriate to waive failure to timely file in this case.
BOARD VOTE:

__BJE __  _MJF___  _LDS____  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 showing award of the Purple Heart for wounds received as a result of enemy action in the Republic of Vietnam on 14 July 1968; the Combat Infantryman Badge, the Army Commendation Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, two additional bronze service stars for his Vietnam Service Medal; by adding them to the list of awards contained on his DD Form 214; and by providing him a correction to his separation document that includes these awards.  



      ____
                CHAIRPERSON




INDEX

CASE ID
AR20060009399
SUFFIX

RECON

DATE BOARDED
20070201
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT Plus
REVIEW AUTHORITY

ISSUES         1.
107.15
2.

3.

4.

5.

6.



ABCMR Record of Proceedings (cont)                                         AR20060009399


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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
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