RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  15 April 2008
	DOCKET NUMBER:  AR20080001315 


	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 that his DD Form 214 be corrected to reflect his award of the Purple Heart. 

2.  The applicant states, in effect, that at one time he had orders awarding him the Purple Heart for his actions in Vietnam on 27 February 1968 and he thought the award was on his DD Form 214; however, he has recently discovered that it is not and he desires it to be added at this time.  

3.  The applicant provides a copy of his DD Form 214 and a copy of an order awarding him the Bronze Star Medal with “V” Device that indicates that he was wounded in the engagement on 27 February 1968. 

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 enlisted in Richmond, Virginia on 8 February 1960 for a period of 3 years under the airborne enlistment option.  He completed his training as a light weapons infantryman and airborne training and he remained on active duty through a series of continuous reenlistments.  He served an overseas tour in Germany, the Dominican Republic, Alaska, and two tours in Vietnam from 7 April 1967 to 22 April 1968 and from 3 July 1969 to 13 July 1970.

3.  On 31 August 1984, he was honorably released from active duty (REFRAD) and was transferred to the Retired List in the pay grade of E-8, effective 1 September 1984.  He had served 24 years, 6 months, and 23 days of total active service and his DD Form 214 issued at the time of his REFRAD indicates that he was awarded the Army Service Ribbon, the Overseas Service Ribbon, the National Defense Service Medal, the Master Parachutist Badge, the Armed Forces Expeditionary Medal, the Vietnam Campaign Medal, the Vietnam Service Medal (VSM), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Combat Infantryman Badge, the Army Commendation Medal with one oak leaf cluster and “V” Device, the Bronze Star Medal with two oak leaf clusters and “V” Device, the Noncommissioned Officer Professional Development Ribbon, and the Good Conduct Medal (8th award). 

4.  A review of the applicant’s official records fails to show any indication that the applicant was awarded the Purple Heart.  His name is also not contained on the Vietnam Casualty Roster.  However, his record does show that he was a patient in the 249th General Hospital in Japan on 15 March 1968 and that he was medically evacuated to Dewitt Army Hospital at Fort Belvoir, Virginia on 27 April 1968.

5.  His record also shows that during his first tour in Vietnam he was assigned to the 503rd Infantry Regiment and during his second tour in Vietnam he was assigned to Company C, 75th Ranger Battalion.

6.  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.

7.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register-Vietnam Era) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  Table 1 (Army Units in Numerical Order) of the pamphlet indicates that the applicant’s unit was subsequently awarded the Valorous Unit Award (VUA), the Presidential Unit Citation (PUC), the Meritorious Unit Commendation (MUC), and the Republic of Vietnam Civil Actions Honor Medal – First Class (RVNCAHM-FC) Unit Citation during the periods he was assigned to the units.  Additionally, he participated in nine campaigns while assigned to Vietnam and is entitled to be awarded one silver and four bronze service stars for wear on his already-awarded VSM.            

DISCUSSION AND CONCLUSIONS:

1.  Although there are no orders in the available record showing that the applicant was awarded the Purple Heart, there is sufficient evidence to establish that he was wounded in action against the enemy on 27 February 1968 and that he was subsequently hospitalized.  Therefore, it is reasonable to presume that he was in fact awarded the Purple Heart and that the orders were never filed in his official record.  Accordingly, it would be in the interest of justice to add the award of the Purple Heart to his record at this time.  

2.  The evidence of record also establishes that the applicant is entitled to awards of the VUA, the PUC, the MUC, the RVNCAHM-FC Unit Citation, and one silver and four bronze service stars for wear on his already-awarded VSM to denote his campaign participation in Vietnam. 

BOARD VOTE:

__PHM __  __KSJ__  __JGH__   GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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 showing that he was awarded the Purple Heart and by awarding him the VUA, the PUC, the MUC, the RVNCAHM-FC Unit Citation, and one silver and four bronze service stars for wear on his already-awarded VSM. 

2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.




      ___        PHM                ___
                CHAIRPERSON

ABCMR Record of Proceedings (cont)                                         AR20080001315



4


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