RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  20 September 2007
	DOCKET NUMBER:  AR20070005530 


	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.


Ms. Catherine C. Mitrano

Director

Ms. Jeanne Marie Rowan

Analyst

The following members, a quorum, were present:


Mr. Jeffrey Redmann

Chairperson

Mr. Dean Camarella

Member

Mr. Qawly Sabree

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 award of the Purple Heart. 

2.  The applicant states, in effect, he was wounded in the right shoulder in the Republic of Vietnam while engaged in direct contact with enemy forces. 

3.  The applicant provides through his Congressman a personal letter requesting award of the Purple Heart for injuries sustained while serving in the Republic of Vietnam and a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 9 September 1969.

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, and 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 enlisted in the Regular Army on 2 June 1967 for a period of 3 years.  He successfully completed basic combat and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).  The applicant completed 2 years, 1 month, and 28 days of net service during this period of enlistment and served in the Republic of Vietnam for 1 year and 7 months.

3.  The applicant was assigned to Company D, 1st Battalion (Airborne), 502nd Infantry, from 31 December 1967 to 21 January 1969 as a rifleman.  On 22 January 1969, he was transferred to the 765th Security Platoon until his incarceration on 1 August 1969.  He was confined to the United States Army Correction Holding Detachment, United States Army, Vietnam from 1 August 1969 to his departure from the Republic of Vietnam on 8 September 1969.  He was discharged on 9 September 1968 with an under honorable conditions characterization of service.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 does not contain an entry for the Purple Heart.  The award entries on this DD Form 214 include the Army Commendation Medal (ARCOM), National Defense Service Medal (NDSM), Vietnam Service Medal (VSM), the Republic of Vietnam Campaign Medal (VCM), and the Combat Infantryman Badge (CIB).

5.  Item 40 (Wounds) of the applicant’s DA Form 20 does contain an entry showing fragment wounds to the applicant's right shoulder incurred on 19 April 1968.

6.  Item 41 (Awards and Decorations) of the applicant’s DA Form 20 does not contain an entry for the Purple Heart.  The entries are ARCOM, ARCOM with "V" Device, NDSM, VSM, VCM, CIB, and Parachutist Badge. 

7.  The applicant's military personnel service records contain Department of the Army General Orders Number 7356, dated 14 October 1968, and published by Headquarters, 101st Airborne Division, awarding him the ARCOM with "V" Device for heroic actions on 18 April 1968.  The citation states, in effect, the applicant refused to take cover in a bunker and remained exposed on a hilltop to enemy fire directing his company's indirect weapons fire on the enemy positions.  
8.  There are no orders in the applicant's military service records awarding him the Purple Heart.

9.  The applicant is listed on the Vietnam Casualty Roster.  The Roster reports the applicant’s casualty status as hostile, wounded in action, not serious, hospitalized.  The listing reports the date of casualty as 18 April 1968.

10.  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.  A wound is defined as an injury to any part of the body from an outside force or agent sustained as a result of hostile action. 

11.  The applicant is entitled to additional awards, which he did not request and are not listed on his DD Form 214.



12.  The applicant's service record contains the following award orders:

	a.  Special Orders Number 242, dated 19 September 1967, published by Headquarters, Fort Polk, awarding him the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar; and

	b.  Special Orders Number 238, dated 14 September 1967, published by Headquarters, Fort Polk, awarding him the Marksman Marksmanship Qualification Badge with Automatic Rifle Bar.

13.  Army Regulation 600-8-22 provides, in pertinent part, that the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation is awarded by the Vietnamese Government as a unit award for meritorious service. 

14.  Army Regulation 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.  The regulation states that authorized bronze service stars will be worn on the appropriate campaign and service medal, which in this case is the Vietnam Service Medal.  It also provides that a silver service star is authorized in lieu of five bronze service stars.

15.  Based on the applicant's dates of service in Vietnam, Table B-1 of Army Regulation 600-8-22 shows he served in the Vietnam Counteroffensive, Phase III Campaign (1 June 1967 to 29 January 1968); TET Counteroffensive, 1968
(30 January 1968 to 1 April 1968); Vietnam Counteroffensive, Phase IV Campaign (2 April 1968 - 30 June 1968); the Vietnam Counteroffensive, Phase V Campaign (1 July 1968 - 1 November 1968); the Vietnam Counteroffensive, Phase VI Campaign (2 November 1968 -   February 1969); the TET 69 Counteroffensive, 1969 Campaign (23 February 1969 - 8 June 1969); and the Vietnam Summer-Fall 1969 Campaign (9 June 1969 to 31 October 1969).

16.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, and unit citation emblems awarded during the Vietnam Conflict, the Grenada Operation, and the period of service subsequent to the Vietnam Conflict up to September 1987.  This document shows that, at the time of the applicant’s assignment to Company D, 1st Battalion, 502nd Infantry, the unit received the following unit awards:

	a.  the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period from 19 April 1968 through 15 August 1968, based on Department of Army General Order (DAGO) Number 21, dated 1969; and 
	b.  the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 18 March 1968 to 2 May 1970 based on DAGO 48, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  The preponderance of evidence in this case shows the applicant was wounded by hostile action on 18 April 1968, the wound was treated by military medical personnel, and the treatment was made a part of his official record.  Therefore, the applicant is entitled to award of the Purple Heart.

2.  A review of the applicant's DD Form 214 reveals an omission of the following awards:  Award of the ARCOM with "V" Device for heroic and valorous actions on 18 April 1968, the Marksman Marksmanship Qualification Badge with Automatic Rifle Bar, and the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar.  There is sufficient evidence to correct the record to show the listed awards.

3.  Based on the applicant's service with the Company D, 1st Battalion, 502nd Infantry, he is entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

4.  The applicant participated in seven campaigns during his service in Vietnam.  Therefore, he is entitled to 1 silver service star and 2 bronze service stars to be affixed on his Vietnam Service Medal.

BOARD VOTE:

__JR____  __DC___  __QS ___  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 the Purple Heart for wounds received as a result of hostile action on 18 April 1968 in the Republic of Vietnam;

	b.  deleting the Army Commendation Medal; and

	c.  adding to his DD Form 214 award  of the Purple Heart, Army Commendation Medal (1st Oak Leaf Cluster) with "V" Device, Vietnam Service Medal with 1 silver star and 2 bronze stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Sharpshooter Marksmanship Qualification Badge with Machinegun Bar, the Marksman Marksmanship Qualification Badge with Automatic Rifle Bar, and the Parachutist Badge.




____ Jeffrey Redmann_______
          CHAIRPERSON



INDEX

CASE ID
AR20070005530
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070920
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
GRANT 
REVIEW AUTHORITY

ISSUES         1.
107.0015
2.

3.

4.

5.

6.