IN THE CASE OF:	  

	BOARD DATE:	 

	DOCKET NUMBER:  AR20080002048 


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 due to wounds received in Vietnam on 26 August 1968 and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to reflect this award. 

2.  The applicant states, in effect, that he never received the Purple Heart for wounds received in Vietnam.  He was wounded on 26 August 1968 as a result of hostile action. 

3.  The applicant provides a copy of his DD Form 214 and a copy of his Western Union Telegram in support of his request. 

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 he was inducted on 27 June 1967.  He was trained as a Light Weapons Infantryman, in military occupational specialty (MOS), 11B.  He was promoted to SP4/E-4 effective 7 December 1968.  

3.  The applicant served in Vietnam from 29 May 1968 to 28 May 1969.  He served until he was honorably released from active duty on 21 October 1969.

4.  The applicant’s DD Form 214 shows he was awarded the Bronze Star Medal; the Marksman Marksmanship Qualification Badge, with Rifle Bar; the Republic of Vietnam Campaign Medal; the Army Commendation Medal; the Combat Infantryman Badge; and the National Defense Service Medal.  His DD Form 214 does not show any additional awards.

5.  The applicant's name does appear on the Vietnam Casualty List for a wound received as a result of hostile action on 26 August 1968. 

6.  The ADCARS (Awards and Decorations Computer Assisted Retrieval System) failed to show that orders were published awarding the applicant the Purple Heart while he served in Vietnam.

7.  The applicant provided a copy of a Western Union Telegram, dated 3 September 1968, which indicates that he was slightly wounded in Vietnam on 26 August 1968 as a result of hostile action.  He received metal fragment wounds to the back and buttocks while on a combat operation when he was hit by  fragments from a hostile grenade.  

8.  Army Regulation 600-8-22 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. 

9.  Army Regulation 600-8-22 (Military Awards) 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 in Vietnam.




10.  The applicant participated in four campaigns.  However, his DD Form 214 does not show the four bronze service stars to which he is entitled for his campaign participation.  Army Regulation 600-8-22 provides that a bronze service star is authorized for the Vietnam Service Medal for participation in each campaign. 

11.  Department of the Army Pamphlet 672-3 shows that the applicant's unit was cited for award of the Valorous Unit Award, by Department of the Army General Orders (DAGO) Number 43, dated 1970; the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation, by DAGO 48, 1971; and the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, by DAGO 43, dated 1970; while he was assigned to the unit.  These unit awards are not shown on the applicant's DD Form 214. 

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant was slightly wounded in Vietnam on 26 August 1968 as a result of hostile action.  Therefore, he is entitled to award of the Purple Heart and a correction of his records to show this award.

2.  The evidence shows that the applicant served in Vietnam from 29 May 1968 to 28 May 1969 and met the criteria for award of the Vietnam Service Medal.  However, this award was not shown on his DD Form 214.  He participated in four campaigns.  He is therefore entitled to award of the Vietnam Service Medal, with four bronze service stars, and to have this award shown on his DD Form 214.

3.  The applicant's unit was cited for award of the Valorous Unit Award; the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation; and the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, at the time he was a member of the unit.  He is therefore entitled to correction of his records to show these unit awards.

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 by awarding the applicant the Purple Heart; the Vietnam Service Medal, with four bronze service stars; the Valorous Unit Award; the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation; and the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation; and adding these awards to his DD Form 214.




       _    ___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)                                         AR20080002048



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ABCMR Record of Proceedings (cont)                                         AR20080002048



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