IN THE CASE OF:	  

	BOARD DATE:	  

	DOCKET NUMBER:  AR20080000462 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, award of the Purple Heart. 

2.  The applicant states, in effect, he wants the award for his daughter.  He also states, in effect, that he was wounded in Vietnam on 16 November 1970, when he walked into an ambush.  He was brought to Walter Reed Army Medical Center and was discharged from there.  

3.  In support of his application, the applicant provides copies of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and his letter from the National Personnel Records Center, St. Louis, Missouri, dated
13 December 2007.

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 records show he was inducted into the Army of the United States, in pay grade E-1, on 10 March 1969.  He completed basic and advanced individual training and was assigned military occupational specialty 11B, light weapons infantryman.

3.  The applicant's records show that he served in the Republic of Vietnam from 2 May 1970 to 24 November 1970, with Company B, 5th Battalion, 7th Cavalry, 1st Cavalry Division (Airmobile), for two campaigns.

4.  The applicant records contain a copy of an undated telegram that was sent to his spouse, advising her that he had been slightly wounded in action in Vietnam on 16 November 1970, by small arms fire while on a combat operation.  The telegram also advised that the applicant had received a wound to the left leg and left arm.

5.  The applicant's records also contain Headquarters, 1st Cavalry Division (Airmobile) General Orders Number 20329, dated 21 November 1970, awarding him the Army Commendation Medal with "V" Device, on 10 November 1970, for heroism in connection with military operations against a hostile force in the Republic of Vietnam.  This award is not shown on his DD Form 214.

6.  The applicant's DA Form 20 (Enlisted Qualification Record), Item 38 (Record of Assignments), shows the applicant was in a patient status on 6 November 1970 at the 93rd Evacuation Hospital.  It is also shown that he was in a patient status at Walter Reed Army Medical Center on 24 November 1970.  Item 40 (Wounds), shows "FW (fragment wound) to Left Leg" on 15 November 1970.  Item 41 (Awards and Decorations) does not show award of the Purple Heart.

7.  The applicant was released from active duty, in pay grade E-5, on 26 February 1971, and was transferred to the United States Army Reserve Control Group (Annual Training).

8.  Entries on his DD Form 214, Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) list the following awards:  the Air Medal; the Army Commendation Medal; the Vietnam Service Medal; the National Defense Service Medal; the Vietnam Service Medal; the Republic of Vietnam Campaign Medal, with Device (1960); the Combat Infantryman Badge, the Expert Marksmanship Qualification Badge, with Rifle Bar (M-14 Rifle); and the Marksman Marksmanship Qualification Badge, with Rifle Bar (M-16 Rifle).  The Purple Heart is not listed on his DD Form 214.  

9.  There are no orders in the applicant’s service personnel records that show he was awarded the Purple Heart.  

10.  The applicant submits a copy of his letter from the National Personnel Records Center, St. Louis, wherein, he was advised to apply to the Army Review Boards Agency for a correction of his records.

11.  The Vietnam Casualty Roster lists the applicant's name on page 1049 and shows he was wounded on 16 November 1970.  

12.  A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS) of the records of the applicant's units for the timeframe the applicant served in Vietnam was conducted.  This review showed the applicant's general orders for the Army Commendation Medal and the Army Commendation Medal with "V" Device.  This review failed to show any orders were published authorizing award of the Purple Heart to the applicant. 

13.  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 medical personnel, and the medical treatment must have been made a matter of official record.  The regulation also states that the Purple Heart is not governed by the statute of limitations.

14.  Department of the Army Pamphlet 672-3 shows that, at the time of the applicant’s assignment with Company B, 5th Battalion, 7th Cavalry, it was cited for award of the Valorous Unit Award, by Headquarters, Department of the Army General Order Number 43, dated 1972; and the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, by Headquarters, Department of the Army General Order Number 42, dated 1972. 

15.  Army Regulation 600-8-22 also authorizes 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 campaign or service medal including the Vietnam Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant was wounded in action against a hostile force.  The applicant was treated for these wounds and his treatment was made a matter of record.  The applicant is therefore entitled to award of the Purple 
Heart for wounds received as a result of hostile action in the Republic of Vietnam on 16 November 1970 and to have this award added to his DD Form 214.

2.  The evidence also shows the applicant was awarded the Army Commendation Medal, with “V" Device, for heroism in the Republic of Vietnam on 10 November 1970.  This award is not shown on his DD Form 214; therefore, it would be appropriate to add this award to his DD Form 214.

3.  The evidence further confirms that the applicant is entitled to award of the Valorous Unit Award; the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation; and two bronze service stars to be affixed on his already-awarded Vietnam Service Medal.  These awards are not shown on the applicant's DD Form 214.

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

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:

	a.  by showing award of the Purple Heart, for wounds sustained in the Republic of Vietnam on 16 November 1970; the Army Commendation Medal, with "V" Device; the Valorous Unit Award; the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation; and two bronze service stars to be affixed to his already-awarded Vietnam Service Medal;

	b.  by adding these awards to the list of awards shown on his DD Form 214, dated 26 February 1971; and

	c.  by providing him a correction to his separation document that includes these awards.




      __________x_____________
      	CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080000462



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ABCMR Record of Proceedings (cont)                                         AR20080000462


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