RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  24 April 2008
	DOCKET NUMBER:  AR20080002544 


	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:




Chairperson



Member



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 the records of her deceased father, a former service member (FSM) be corrected to reflect his multiple awards of the Purple Heart and all other awards to which he is entitled. 

2.  The applicant states that her father was wounded in battle and received more than one Purple Heart and he was awarded a badge for bravery; however all of his awards are not reflected on his records. 

3.  The applicant provides a copy of the FSM’s DD Form 214 and a copy of his death certificate.

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 FSM enlisted on 20 February 1968 for a period of 3 years and training as a motor transport operator.  He completed all of his training at Fort Ord, California and was transferred to Vietnam on 17 July 1968 for assignment to the 1st Battalion, 5th Infantry Regiment as a heavy truck driver.  He was advanced to the rank of specialist four (SP4) on 16 November 1968.

3.  He departed Vietnam on 12 May 1969 and was transferred to Fort McArthur, California where he remained until 6 April 1970 when he was transferred back to Vietnam for assignment to the 223rd Supply and Service Company as a heavy truck driver.  

4.  He remained in Vietnam until 7 February 1971 when he was transferred to Oakland Army Base, California and was honorably released from active duty (REFRAD) as an overseas returnee.  He had served 2 years, 11 months and 6 days of total active service and had 12 days of lost time due to being absent without leave (AWOL).  His DD Form 214 issued at the time of his REFRAD shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal (VSM), the Republic of Vietnam Campaign Medal, the Army Commendation Medal and the Bronze Star Medal.

5.  A review of the FSM’s records and the Vietnam Casualty Listing failed to show any evidence that the applicant was awarded a Purple Heart or that he was ever wounded in action against the enemy in Vietnam.

6.  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 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 FSM’s unit was subsequently awarded the Presidential Unit Citation (PUC), the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation and the Republic of Vietnam Civil Actions Honor Medal – First Class Unit Citation (RVNCAHM-FC) during the period he was assigned to the unit.  Additionally, he participated in six campaigns while assigned to Vietnam and is entitled to be awarded one silver and one bronze service stars for wear on his already-awarded VSM.

8.  Army Regulation 600-8-22 also provides that replacement of medals or service ribbons for individuals not on active duty may be made at cost price.  Individuals desiring replacement medals or ribbons should submit a request to the National Personnel Records Center, 9700 Page Avenue, St. Louis, Missouri 63132-5100.  No money should be mailed until instructions are received from that agency.
 
DISCUSSION AND CONCLUSIONS:

1.  While the sincerity of the applicant’s claim that her father was wounded on multiple occasions and was awarded multiple awards of the Purple Heart is not in doubt, there simply is no evidence in his official records that such was the case.  Therefore, in the absence of evidence to show that the FSM was wounded in action in Vietnam and that the treatment for his wounds was made a matter of record, there appears to be no basis to award him the Purple Heart at this time.  

2.  However, the evidence of record does show that he is entitled to awards of the PUC, the RVNGC w/Palm Unit Citation, the RVNCAHM-FC Unit Citation and one silver and one bronze service star for wear on his already awarded VSM.  Accordingly, it would be in the interest of justice to award them to him at this time and to correct his records accordingly.  

 BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__XXX __  __XXX__  __XXX__   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 partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the PUC, the RVNGC w/Palm Unit Citation, the RVNCAHM-FC Unit Citation and one silver and one bronze service star for wear on his already awarded VSM. 

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to adding awards of the Purple Heart to the FSM’s records.

3.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by her late father in service to the United States during the Vietnam War.  The applicant and all Americans should be justifiably proud of his service in arms.
  

      ___        XXX                ___
                CHAIRPERSON
ABCMR Record of Proceedings (cont)                                         AR20080002544



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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
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