RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  24 April 2008
	DOCKET NUMBER:  AR20070016842 


	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.




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 correction of his record to show he was awarded the Purple Heart.

2.  The applicant states, in effect, that he received the Purple Heart for wounds sustained while serving in the Republic of Vietnam.  The applicant continues that until he would like the Purple Heart added to his record so he may be entitled to receive Veterans Affairs benefits.

3.  The applicant provides a copy of a certificate commemorating his receipt of the Purple Heart in support of this application.

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 record shows that he was inducted into the Army of the United States on 19 February 1969.  He completed basic and advanced individual training and was awarded the military occupational specialty 11B (Light Weapons Infantryman).  The highest rank he achieved was sergeant/pay grade E-5.

3.  A DD Form 1380 (U.S. Field Medical Card), dated 1 April 1970, shows a medical officer diagnosed the applicant with a fragmentation wound abrasion in his left upper leg and upper back pain.

4.  An electronic message from the Commanding General of the United States Army in the Republic of Vietnam to the Department of the Army Casualty Division, shows the applicant sustained a fragmentation wound to his left leg while engaged in a firefight with a hostile force in the vicinity of Tay Ninh, Republic of Vietnam on 1 April 1970.

5.  A Western Union Telefax, from the Adjutant General of the Department of the Army, dated 2 April 1970, informed the applicant's spouse and parents that he was wounded in action in the Republic of Vietnam on 1 April 1970 by a fragment when his base camp came under attack by a hostile force.  The message continued that the applicant received a wound to the left leg, was treated, and subsequently hospitalized in the Republic of Vietnam.

6.  Block 31 (Foreign Service) of the applicant's DA Form 20 (Enlisted Qualification Record) for his period of service ending on 15 July 1971 shows he served in the Republic of Vietnam during the period 12 March 1970 through 10 January 1971.  Block 40 (Wounds) shows he sustained a fragmentation wound to his left leg.  Block 41 (Awards and Decorations) does not show award of the Purple Heart.

7.  The Republic of Vietnam Casualty Roster shows that the applicant was wounded as the result of hostile action.

8.  There are no orders in the available records which show the applicant was awarded the Purple Heart.

9.  Block 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 
214 (Armed Forces of the United States Report of Transfer or Discharge) does not show award of the Purple Heart.

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 by military medical personnel, and the medical treatment must have been made a matter of official record.  This regulation also provides that there is no statute of limitations on requests for award of the Purple Heart.

11.  The applicant provides a copy of a certificate, dated 3 January 1984, indicating that he was awarded the Purple Heart for wounds received in action in the Republic of Vietnam on 1 April 1970.

12.  Review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.


13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This document shows the unit to which the applicant was assigned was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 42, dated 1972.

14.  Department of the Army Pamphlet 672-3 shows the unit to which the applicant was assigned was awarded of the Valorous Unit Award based on Department of the Army General Orders Number 43, dated 1972.

15.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Service Medal.  This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 
1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.

16.  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 and states that authorized bronze service stars will be worn on the appropriate service medal.

17.  The applicant's records show he was awarded the Vietnam Service Medal with 2 bronze service stars.

18.  The applicant's records show he participated in three campaigns during his service in the Republic of Vietnam:  Vietnam Winter-Spring 1970, DA Sanctuary Counteroffensive, and Vietnam Counteroffensive Phase VII.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he is entitled to award of the Purple Heart due to wounds he received as the direct result of hostile action was carefully considered and determined to be with merit.

2.  Local authorities documented the applicant's wounds and submitted a casualty report through command channels in order for them to become a matter of permanent record on the Republic of Vietnam Casualty Roster.

3.  Official, Department of the Army-generated correspondence confirms the events of the incident, the applicant's wound, and his receipt of medical treatment.

4.  The evidence fulfills all of the prescribed regulatory criteria and is sufficient to base award of the Purple Heart in this case.  Therefore, the applicant is entitled to award of the Purple Heart and correction of his records to show award of the Purple Heart for wounds sustained as the result of hostile act on 1 April 1970 while he was serving in the Republic of Vietnam.

5.  General Orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, the applicant is entitled to have his records corrected to show this foreign unit award.

6.  General Orders awarded the applicant's unit the Valorous Unit Award.  Therefore, the applicant is entitled to have his records corrected to show this unit award.

7.  Records show the applicant participated in three campaigns during his service in the Republic of Vietnam.  Therefore, he is eligible for award of three bronze service stars to be affixed to his previously awarded Vietnam Service Medal.

BOARD VOTE:

___x_____  ___x_____  ___x_____  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 to show award of the Purple Heart for wounds sustained as the result of a hostile act on 
1 April 1970 while serving in the Republic of Vietnam, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, Valorous Unit Award, and three bronze service stars to be affixed to his previously awarded Vietnam Service Medal.




      __________x____________
                CHAIRPERSON


ABCMR Record of Proceedings (cont)                                         AR20070016842



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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET, 2ND FLOOR
ARLINGTON, VA  22202-4508