IN THE CASE OF:	  SMITH, TOMMIE F.

	BOARD DATE:	  22 May 2008

	DOCKET NUMBER:  AR20080000891 


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 correction of his records to show award of the Purple Heart. 

2.  The applicant states, in effect, that he was awarded the Purple Heart, but it is not shown on his records.

3.  The applicant provided a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 13 November 1969, in support of his 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 records show that he was inducted into the Army of the United States on 14 November 1967.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantry).  The highest rank/grade he attained during his military service was sergeant (SGT)/E-5.  He was honorably separated and transferred to the U.S. Army Reserve Control Group (Annual Training) on 13 November 1969.

3.  The applicant’s records further show that he served in the Republic of Vietnam during the period 23 April 1968 through 22 April 1969.  He was assigned to Troop E, 1st Cavalry, 11th Infantry Brigade.

4.  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 Vietnam Campaign Medal, the Combat Infantryman Badge, and the Good Conduct Medal.  Item 24 of his DD Form 214 does not show award of the Purple Heart.

5.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) contains a blank entry.

6.  There are no General Orders in the applicant's records that show he was awarded the Purple Heart.

7.  The applicant’s name is shown on the Vietnam Casualty Roster with the code 23, indicating that he sustained a non-serious wound in action, but was hospitalized.  The Roster shows the date of injury/wound as 26 January 1969.

8.  Item 38 (Record of Assignments) of the applicant’s DA Form 20 (Enlisted Qualification Record) shows that the applicant was a patient at the 249th General Hospital in the Republic of Vietnam on 24 April 1969.  

9.  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, and the medical treatment must have been made a matter of official record.  This regulation also provides that there are no time limitations for requests for award of the Purple Heart.

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

11.  Headquarters, Americal Division, General Orders Number 6402, dated 25 August 1968, show the applicant was awarded the Army Commendation Medal with “V” Device for heroism on 13 June 1968 in the Republic of Vietnam.

12.  Headquarters, Americal Division, General Orders Number 2467, dated 9 April 1969, show the applicant was awarded the Army Commendation Medal for meritorious service in connection of military operations against a hostile force in the Republic of Vietnam from April 1968 to April 1969.

13.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the Vietnam Counteroffensive, Phases IV, V, and VI, and the TET 69 Counteroffensive 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 and that one silver service star is worn instead of five bronze service stars. 

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to correction of his records to show award of the Purple Heart.

2.  The applicant’s DA Form 20 shows that the applicant was admitted as a patient to the 249th General Hospital in the Republic of Vietnam.  Furthermore, the applicant's name appears on the Vietnam Casualty Roster.  Therefore, there is sufficient evidence to support awarding the applicant the Purple Heart and correcting his records to show this award.   

3.  General Orders show the applicant was awarded the Army Commendation Medal with “V” Device and the Army Commendation Medal, which are not shown on his records; therefore, he is entitled to correction of his records to show these awards.

4.  General Orders show the applicant’s unit was awarded the Army Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not shown on his records; therefore, he is entitled to correction of his records to show this unit award.

5.  The evidence of record shows 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 award of four bronze service stars to be affixed to his Vietnam Service Medal.

BOARD VOTE:

__xxx___  __xxx___  __xxx___  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 26 January 1969, in the Republic of Vietnam; and 

	b.  showing award of the Purple Heart, the Army Commendation Medal with “V” Device, the Army Commendation Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and four bronze service stars to be affixed to his already issued Vietnam Service Medal.



							XXX
       _    _______   ___
       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)                                         AR20070016837



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ABCMR Record of Proceedings (cont)                                         AR20080000891



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