RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  15 April 2008
	DOCKET NUMBER:  AR20080000745 


	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:


M

Chairperson

M

Member

M

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 that he was injured during a rocket attack at an airfield in the Republic of Vietnam and that he was treated by military medical personnel, but due to an administrative oversight, his treatment for his injury was not noted on the unit's morning report.

3.  The applicant provides the following additional documentary evidence in support of his application:

	a.  DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 26 September 1969.

	b.  Statement, dated 2 May 2006, from the military physician who treated his injury.

	c.  Statement, dated 22 November 2003, from the combat medical specialist who treated his injury.

	d.  Applicant's psychiatric status record, dated 24 June 1998.

4.  The applicant submitted additional documentary evidence by fax on 24 March 2008, as follows:

	a.  Headquarters, 3rd Brigade, 82nd Airborne Division, General Orders Number 640, dated 30 April 1969, Citation, and Certificate, awarding him the Bronze Star Medal.

	b.  Headquarters, 3rd Brigade, 82nd Airborne Division, General Orders Number 167, dated 31 January 1969, Citation, and Certificate, awarding him the Army Commendation Medal.

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 DA Form 20 (Enlisted Qualification Record) is not available for review with this case.

3.  The applicant's DD Form 214 shows that he was inducted into the Army of the United States on 21 February 1968.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 91B (Medical Specialist).  He was honorably separated and transferred to the U.S. Army Reserve Control Group (Annual Training) on 26 September 1969.  

4.  The applicant’s DD Form 214 further shows he completed 1 year and 19 days of foreign service and that his last duty assignment prior to his separation from the Army was Company B, 82nd Support Battalion, 3rd Brigade, 82nd Airborne Division in the Republic of Vietnam.  

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, the Good Conduct Medal, the Army Commendation Medal, and the Bronze Star Medal.  Item 24 does not show award of the Purple Heart.

6.  The applicant's available records do not contain General Orders that show he was awarded the Purple Heart.

7.  The applicant's name is not shown on the Vietnam Casualty Roster.  

8.  During the processing of this case, a member of the Board staff reviewed the Awards and Decorations Computer Assisted Retrieval System (ADCARS) maintained by the Military Awards Branch of the United States Army Human Resources Command (HRC), which is an index of general orders issued during the Vietnam era between 1965 and 1973.  This review failed to reveal any Purple Heart orders on file for the applicant.

9.  On 17 April 1968, U.S. Total Army Personnel Command [now known as Army Human Resources Command (HRC)], Alexandria, Virginia, published Permanent Order 107-6 awarding the applicant the Combat Medical Badge for satisfactory performance of duty while under hostile fire from September 1968 to October 1969.  

10.  On 17 April 2003, the Chief, Military Awards Branch, HRC-Alexandria, Virginia, issued a DD Form 215 (Correction to the DD Form 214) adjusting Item 33 (Decorations and Citations) of the applicant's DD Form 214 to show award of the Combat Medical Badge. 

11.  On 31 July 2006, HRC-Alexandria, Virginia, issued a second DD Form 215 adjusting Item 33 (Decorations and Citations) of the applicant's DD Form 214 to show award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation. 

12.  The applicant submitted the following witness statements:

	a.  A statement, dated 22 November 2003, from a combat medic, who testifies that he and the applicant were assigned to Company B, 82nd Support Battalion on the perimeter of Tan Sun Nhut when on a late night in April 1969, they came under rocket attack.  The medic further adds that he remembers the applicant was the last one to make it to the bunker and that he had been hit in the foot.  Someone put a field dressing on his foot and that he helped the applicant to the aid station where he was treated by a military officer.  After his treatment, the applicant returned to the tent on crutches where the medic subsequently brought him food from the mess tent and became friends with him.

	b.  A statement, dated 2 May 2006, from a former military medical officer, who testifies that he was an Army medical physician assigned to Company B, 82nd Support Battalion from November 1968 to November 1969.  He further adds that one night in April 1969, there was incoming rockets and that the applicant was hit by fragments from the explosion.  When things settled down, the physician was called to examine and treat the wounded.  The applicant received a wound to his right foot which was cleaned, probed, X-rayed and sutured.  His injury healed without complications.  The injury was qualifying for award of the Purple Heart and it was assumed that the unit first sergeant would complete the paperwork.  However, this was not done.  

13.  Headquarters, 3rd Brigade, 82nd Airborne Division, General Orders Number 640, dated 30 April 1969, show the applicant was awarded the Bronze Star Medal for meritorious achievement in connection with military operations in the Republic of Vietnam from 25 August 1968 to 26 April 1969.

14.  Headquarters, 3rd Brigade, 82nd Airborne Division, General Orders Number 167, dated 31 January 1969, show the applicant was awarded the Army Commendation Medal for meritorious achievement in connection with military operations in the Republic of Vietnam from 31 August 1968 to 31 January 1969.

15.  The 82nd Support Battalion was activated on 25 May 1968 with an authorized strength of 372 personnel organized into four companies.  The mission of the 82nd Support Battalion was to provide administrative, finance, legal, medical, maintenance, and supply services to the 505th Parachute Infantry Regiment in the Republic of Vietnam.  

	a.  The Battalion's Forward Support Element, stationed at Tan Son Nhut Airfield in Saigon provided direct support maintenance, health service support, and selected classes of supply to the 3rd Brigade's three maneuver battalions, artillery battalion, and other additional units assigned and attached to the 3rd Brigade. 

	b.  The Battalion also deployed its battalion Headquarters and Main Support Element to Phu Loi Post, north of Saigon.  The mission of the Main Support Element was to provide back-up supply, maintenance, and all administrative support to the 3rd Brigade.  In addition to the logistic support, the battalion defended a large portion of Phu Loi's 1 mile defensive perimeter by manning 17 bunkers and two sentry towers. 

	c.  The 82nd Support Battalion also improvised to provide total support to the 505th Parachute Infantry Regiment.  The headquarters company coordinated rest and recuperation (R&R) and United Service Organization (USO) shows for the Brigade, while the A Co ran replacement and training operations for the nearly 5,000 incoming 3rd Brigade personnel during a nine month period.  In addition, B Company (Medical) deployed and supported two operational elements stationed at both Phu Loi and Tan Son Nhut Airfield.  The C Co (Maintenance and Supply) provided direct support maintenance, supply, and transportation from both locations. 

	d.  The 82nd Support Battalion completed in-country stand down on 20 November 1969 and was inactivated at Fort Bragg, North Carolina on 12 December 1969. 

	e.  On 16 August 1993 the 82nd Forward Support Battalion (FSB) was reactivated as a provisional FSB and on16 April 1994, the 82nd FSB was officially activated and assigned the mission of providing for total logistical and combat health support to the 505th Parachute Infantry Regiment.

16.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or 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.  This regulation further states that there is no time limit on submission of requests for award of the Purple Heart.

17.  Review of the applicant's record indicates entitlement to additional awards that are not shown on his DD Form 214.

18.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 82nd Support Battalion was awarded the Meritorious Unit Commendation during the period 16 September 1968 to 15 November 1969 based on Department of the Army General Orders Number 39, dated 1970.

19.  Item 24 of the applicant's DD Form 214 shows he was awarded the Vietnam Service Medal.

20.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the Vietnam Counteroffensive, Phases II and III, the TET 69 Counteroffensive, and the Vietnam Summer-Fall 1969 campaigns during his tour of duty in the Republic of Vietnam.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

21.  Army Regulation 670-1 (Uniforms and Insignia), in effect at the time, governs the requirements for the Overseas Service Bar.  In pertinent part, it provides that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message.  There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars.  For Vietnam service, one overseas service bar is authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam are counted as whole months for credit toward the overseas service bar.


DISCUSSION AND CONCLUSIONS:

1.  With respect to award of the Purple Heart, the statement of the unit medic coupled with the testimony provided by the unit military physician, clearly indicate that the applicant sustained an injury on an unknown date in April 1969.  The fact that the company first sergeant did not document the injury in the morning report does not negate the fact the applicant was injured in combat.  Therefore, there is sufficient evidence to grant the applicant the Purple Heart and correct his records to show this award. 

2.  General Orders show that the applicant was assigned to a unit that was awarded the Meritorious Unit Commendation during his assignment to that unit. Therefore, he is entitled to correction of his records to show this award.

3.  Evidence of record shows that the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in four campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to awards of four bronze service stars to be affixed to the Vietnam Service Medal.

4.  Evidence of record shows that the applicant served a qualifying period in the Republic of Vietnam for award of two Overseas Service Bars.  Therefore, he is entitled to correction of his records to show these awards.

BOARD VOTE:

__phm___  __jgh___  __ksj___  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 applicant the Purple Heart for wounds received in action on an unknown date in April 1969 in the Republic of Vietnam, and

	b.  showing award of the Purple Heart, two Overseas Service Bars, the Meritorious Unit Commendation, and four bronze service star to be affixed to his already-awarded Vietnam Service Medal 




							PHM
      ______________________
                CHAIRPERSON

ABCMR Record of Proceedings (cont)                                         AR20080000745



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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
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