RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  10 April 2007
	DOCKET NUMBER:  AR20060013173 


	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. Gerard W. Schwartz

Acting Director

Mr. Paul Wright

Analyst

The following members, a quorum, were present:


Mr. Kenneth L. Wright

Chairperson

Ms. LaVerne M. Douglas

Member

Ms. Ernestine I. Fields

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 a correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to add the Purple Heart.

2.  The applicant states nothing additional in support of his request.

3.  The applicant provides a copy of a Purple Heart Certificate dated 4 November 1968 and a copy of his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 29 August 1969.  The application submitted in this case is dated 
31 August 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.  On 14 September 1967, the applicant was appointed as an Infantry Second Lieutenant in the U.S. Army Reserve (USAR).

4.  The applicant was assigned to Vietnam from 8 September 1968 to 29 October 1968.  He was assigned to Company C, 2nd Battalion, 35th Infantry, 4th Infantry Division.

5.  On 14 September 1968, the applicant was promoted to First Lieutenant in the Army of the United States (AUS).

6.  The Vietnam Casualty Roster indicates the applicant was wounded by enemy fire on 25 September 1968.  He was subsequently reassigned as a Patient to Valley Forge General Hospital on 30 October 1968.


7.  On 29 August 1969, the applicant was honorably released from active duty and assigned to the USAR Control Group (Reinforcement).  His DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, and the Ranger Tab.  He was honorably discharged from the USAR Control Group (Standby) effective 30 September 1972.  It is noted two separate discharge orders were issued and published to show his discharge from the USAR Control Group (Standby).  These orders are identical except one is dated 16 August 1972 and the other is dated 23 February 1973.

8.  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.  This regulation also provides that there are no time limitations for requests for award of the Purple Heart.

9.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided, in pertinent part, for award of the Purple Heart.  The regulation stated that authority to award the Purple Heart was delegated to hospital commanders.  Further, it directed that all personnel treated and released within 24 hours will be awarded the Purple Heart by the organization to which the individual is assigned. Personnel requiring hospitalization in excess of 24 hours or evacuation from Vietnam will be awarded the Purple Heart directly by the hospital commander rendering treatment.

10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Vietnam Campaign Medal.  This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.  Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

11.  AR 600-8-22, in pertinent part, authorizes award of 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 service medal.  The applicant served in Vietnam during one campaign -- Vietnam Counteroffensive, Phase V, which extended from 1 July through 1 November 1968.

12.  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 show the unit to which the applicant was assigned was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 August 1967 to 31 October 1969 by Department of the Army General Orders 53, dated 1970.

13.  Special Orders Number 65, dated 14 May 1968, published by U.S. Army Training Center, Infantry, Fort Bragg, North Carolina shows the applicant was awarded the Expert Marksmanship Qualification Badge with M-16 Rifle Bar.

14.  Special Orders Number 76, dated 20 June 1969, published by U.S. Army Training Center, Infantry and Fort Dix shows the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with M-14 Rifle Bar.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record, to include the Vietnam Casualty Roster, the Purple Heart Certificate submitted by the applicant, and his patient status at Valley Forge General Hospital, show the applicant was wounded.  Even though official orders are not contained in the file, the applicant was, in fact, wounded and awarded the Purple heart.  Therefore, he is entitled to a correction of his records to show this award and to have it added to his DD Form 214.

2.  The applicant served within a time frame authorized for the Vietnam Campaign Medal.  Even though he did not serve the required 6 months for normal issue, he was evacuated for his wounds as a result of hostile fire which qualifies him for this medal.  Therefore, he is entitled to a correction of his records to show this award and to have it added to his DD Form 214.

3.  The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award.  However, evidence of record shows the applicant participated in one campaign during his assignment in Vietnam which is not correctly shown by award of one bronze service star for wear on his Vietnam Service Medal.  

Therefore, in accordance with the governing regulation, the applicant is entitled to the Vietnam Service Medal with one bronze service star and correction of his DD Form 214 to show this award.

4.  General Orders show the applicant is entitled to award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to a correction of his records to show award of this foreign unit award.

5.  Special Orders show the applicant was awarded the Expert Marksmanship Qualification Badge with M-16 Rifle Bar.  Therefore, he is entitled to have this badge correctly reflected on his DD Form 214.

6.  Special Orders show the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with M-14 Rifle Bar.  Therefore, he is entitled to have this badge correctly reflected on his DD Form 214.

7.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 29 August 1969.  Therefore, the time for the applicant to file a request for correction of any error or injustice expired on 28 August 1972.  Although the applicant did not file within the ABCMR's statute of limitations, it is appropriate to waive failure to timely file in this case based on the fact there is no statute of limitations on requests for award of the Purple Heart.

BOARD VOTE:

__klw___  __lmd___  __eif___  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.  deleting the Vietnam Service Medal on his DD Form 214 of 29 August 1969; and

	b.  adding the Purple Heart, the Vietnam Service Medal with 1 bronze service star; the Republic of Vietnam Civil Actions Medal First Class Unit Citation; the Vietnam Campaign Medal; the Expert Marksmanship Qualification Badge with M-16 Rifle Bar; and the Sharpshooter Qualification Badge with M-14 Rifle Bar.



						Kenneth L. Wright
______________________
          CHAIRPERSON




INDEX

CASE ID
AR20060013173
SUFFIX

RECON

DATE BOARDED
20070410
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.
107.0015
2.
107.0095
3.
107.0094
4.
107.0109
5.
107.0088
6.
107.0108