RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  29 January 2008
	DOCKET NUMBER:  AR20070011573 


	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:


Ms. Shirley L. Powell

Chairperson

Mr. Paul M. Smith

Member

Mr. Larry C. Bergquist

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, that he was wounded in action on 9 May 1969 while serving in the Republic of Vietnam and that he receives 20 percent disability entitlements from the Department of Veterans Affairs for this wound. 

3.  The applicant provides copies of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with a separation date of 11 May 1970 and a copy of his Purple Heart Certificate.

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 record shows he was inducted on 8 August 1968 into the Army of the United States for a period of 2 years.  He successfully completed basic combat and advanced individual training.  He was awarded the military occupational specialty (MOS) 11B (Light Weapons Infantryman).  

3.  The applicant was assigned to Company B, 3rd Battalion, 39th Infantry Regiment, 9th Infantry Division in the Republic of Vietnam from 17 January 1969 to 23 May 1969, at which time he was medically evacuated to the Continental United States for medical treatment. 

4.  Item 24 (Decorations, Medal, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, which he authenticated in his own handwriting, does not show award of the 
Purple Heart.  This form does show he was awarded the Bronze Star Medal, National Defense Service Medal, Vietnam Service Medal, Combat Infantryman Badge, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.
5.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) does show the entry gunshot wound to the left shoulder on 9 May 1969.

6.  Item 41 (Awards and Decorations) of the applicant's Enlisted Qualification Record does not show award of the Purple Heart.

7.  There are no general orders in the applicant's military service records awarding him the Purple Heart.

8.  The applicant's name does appear on the Vietnam Casualty Roster showing he was wounded on 9 May 1969 and that he was treated at a military medical treatment facility. 

9.  The applicant's record shows that he is entitled to additional awards, which he did not request and are not listed on his DD Form 214.

10.  General Orders Number 6186, dated 30 May 1969, published by Headquarters, 9th Infantry Division awarded the applicant the Bronze Star Medal with "V" Device for heroism in connection with military actions involving conflict with an armed hostile force in the Republic of Vietnam. 

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, 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 based on the time of the applicant’s assignment to Company B, 3rd Battalion, 39th Infantry Regiment, 9th Infantry Division he is entitled to the following unit awards:

	a.  the Republic of Vietnam Gallantry Cross with Palm Unit Citation, based on Department of the Army General Orders (DAGO) Number 59, dated 1969; and

	b.  the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, based on DAGO 43, dated 1970 which amended DAGO 59, dated 1969.

12.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Vietnam Service Medal.  Based on the applicant's dates of service in Vietnam, Table B-1 of Army Regulation 600-8-22 (Military Awards) shows he served in the Counteroffensive, Phase VI Campaign 
(2 November 1968 to 22 February 1969) and the Tet 69 Counteroffensive, 1969 Campaign (23 February 1969 to 8 June 1969).  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

13.  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 required treatment by military medical personnel, 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.

14.  Army Regulation 600-8-22, provides, in pertinent part, that the bronze “V” device indicates acts of heroism involving conflict with an armed enemy and authorizes the bronze “V” device in conjunction with awards of the Army Commendation Medal, the Air Medal, and the Bronze Star Medal.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's name is listed on the Vietnam Casualty Roster as being wounded in action.  His Enlisted Personnel Qualification Record, which he authenticated in his own hand, shows he received gun shot wounds to his left shoulder on 9 May 1969.  Therefore, there is sufficient evidence upon which to base award of the Purple Heart.

2.  General Orders show that the applicant was awarded the Bronze Star Medal with "V" Device.  The separation document he was issued on 11 May 1970 shows he was awarded the Bronze Star Medal.  Therefore, there is sufficient information to correct his separation document to show that he was awarded the Bronze Star Medal with "V" Device. 

3.  Department of the Army Pamphlet 672-3 shows the applicant's unit of assignment, when he served in the Republic of Vietnam, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

4.  Department of the Army Pamphlet 672-3 shows the applicant's unit of assignment, when he served in the Republic of Vietnam, was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  

5.  The applicant's military personnel records show he participated in two campaigns during his service in Vietnam.  Therefore, he is entitled to two bronze service stars to be affixed to his already-awarded Vietnam Service Medal.  

BOARD VOTE:

__LCB__  __PMS__  __SLP ___  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 the applicant's Department of the Army records, specifically the DD Form 214 with a separation date of 11 May 1970 be corrected by:

	a.  adding the "V" Device to his already-awarded Bronze Star Medal;

	b.  awarding the Purple Heart for wounds received in action on 9 May 1969 in the Republic of Vietnam;

	c.  awarding the Republic of Vietnam Gallantry Cross with Palm Unit Citation;

	d.  awarding the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; and 

	e.  awarding two bronze service stars to be affixed to his already-awarded Vietnam Service Medal.



___Shirley L. Powell___
       CHAIRPERSON
INDEX

CASE ID
AR
SUFFIX

RECON

DATE BOARDED
20080129
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.