RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  26 February 2008
	DOCKET NUMBER:  AR20070015080 


	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

Mr. Michael J. Fowler

Analyst

The following members, a quorum, were present:


Ms. Linda D. Simmons

Chairperson

Ms. Laverne M. Douglas

Member

Mr. John G. Heck

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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with the period ending 5 June 
1970 to show award of the Purple Heart.  He also requests that the medal be sent to him.

2.  The applicant states, in effect, that he was wounded in Vietnam and the award of the Purple Heart should be on his DD Form 214.

3.  The applicant provides a Purple Heart certificate, dated 17 February 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, 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 was inducted into the Army on 26 March 1968 and successfully completed basic training and advanced individual training.  He was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  The applicant arrived in Vietnam and was assigned to A Company, 3rd Battalion, 60th Infantry on or about 24 September 1968.  

4.  The applicant provides a Purple Heart certificate, dated 17 February 1969, that shows he was awarded the Purple Heart for wounds received on 2 February 1969.

5.  The applicant was reassigned to Headquarters and Headquarters Company, 3rd Battalion, 47th Infantry on or about 24 June 1969.  He departed Vietnam on or about 16 September 1969 after being credited with participating in four campaigns.  

6.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) shows the entry "FW Body 2 Feb 69".  Item 41 (Awards and Decorations) does not show award of the Purple Heart.

7.  There are no general orders in the applicant’s service personnel records that show he was awarded the Purple Heart, but his name appears on the Vietnam Casualty Roster.  This record shows that he was wounded as a result of hostile action on 2 February 1969.

8.  On 5 June 1970, the applicant was honorably released from active duty after completing 2 years of creditable active service.

9.  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, and the medical treatment must have been made a matter of official record.  

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that, at the time of the applicant’s assignment to the 3rd Battalion, 60th Infantry, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period January 1969 through June 1969 based on Headquarters, Department of the Army General Orders Number 59, dated 1969.

11.  Department of the Army Pamphlet 672-3 shows that, at the time of the applicant’s assignment to the 3rd Battalion, 60th Infantry, it was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 December 1966 through 28 June 1969 based on Headquarters, Department of the Army General Orders Number 59, dated 1969.

12.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for 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.

DISCUSSION AND CONCLUSIONS:

1.  There are no general orders awarding the applicant the Purple Heart.   However, his name is listed on the Vietnam Casualty Roster and his DA Form 
20 show that he received an injury to his body on 2 February 1969.  These entries are accepted as sufficient to show that the applicant was wounded as a result of hostile action.  Therefore, the applicant is entitled to award of the Purple Heart for wounds sustained as a result of hostile action on 2 February 1969.

2.  The applicant was assigned to a unit during a period of time it was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  His participation in four campaigns makes him eligible to wear four bronze service stars to be worn on his Vietnam Service Medal.  His DD Form 214 should be amended to add these awards.

BOARD VOTE:

__LDS __  __LMD   _  __JGH__  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:

	a.  by awarding and issuing him the Purple Heart for wounds sustained on 
2 February 1969; and 

	b.  by amending his DD Form 214 to add the Purple Heart, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and four bronze service stars to be worn on his already-awarded Vietnam Service Medal.  




____Linda D. Simmons__
          CHAIRPERSON




INDEX

CASE ID
AR20070015080
SUFFIX

RECON

DATE BOARDED
26 FEBRUARY 2008
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT 
REVIEW AUTHORITY
MR. SHATZER
ISSUES         1.
107.0015.0000
2.

3.

4.

5.

6.