IN THE CASE OF:	  

	BOARD DATE:	  15 May 2008

	DOCKET NUMBER:  AR20080003646 


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 Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show award of the Purple Heart.

2.  The applicant states that the Purple Heart was just omitted from his DD Form 214.

3.  The applicant provides a copy of a newspaper article announcing his award of the Silver Star.

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.  On 30 November 1965, the applicant was inducted into the Army of the United States for 2 years.  He completed his initial training and was awarded military occupational specialty 11H (Indirect Fire Crewman).  He also completed the Basic Airborne Course.

3.  Special Orders Number 19, United States Army Training Center, Infantry, Fort Benning, Georgia, dated 25 January 1966, awarded the applicant the Marksman Marksmanship Qualification Badge with Rifle Bar.

4.  Special Orders Number 47, 3rd Training Brigade (Infantry), Fort Gordon, Georgia, dated 30 March 1966, awarded the applicant the Marksman Marksmanship Qualification Badge with Recoilless Rifle Bar.

5.  On 14 May 1966, the applicant was assigned duty with the 1st Battalion, 8th Cavalry Regiment, 1st Cavalry Division.

6.  On 20 October 1966, the applicant was promoted to the rank of specialist four, pay grade E-4.

7.  Item 40 (Wounds) of the applicant’s enlisted Qualification Record (DA Form 20) shows that he sustained a fragment wound to his left hand on 28 December 1966.  [An entry in this block required that the wound was received as a result of enemy action and that it had received medical treatment.]

8.  The applicant’s name is not listed on the Vietnam Casualty Roster.  The applicant's service medical records are not available for review.

9.  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, and the medical treatment must have been made a matter of official record.  

10.  On 7 June 1967, the applicant returned to the United States for duty at Fort Campbell, Kentucky. 

11.  On 27 July 1967, the applicant was reduced to private, pay grade E-1 for misconduct.  He was advanced to pay grade E-2 on 27 August 1967.

12.  On 5 September 1967, the applicant was reassigned to Fort Bragg, North Carolina.

13.  On 31 December 1967, the applicant was released from active duty.  He had completed 2 years of creditable active duty.

14.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, lists his awards as the National Defense Service Medal, Silver Star, Vietnam Service Medal, Combat Infantryman Badge,  Parachutist Badge, and the [Republic of] Vietnam Campaign Medal.  It does not show award of the Purple Heart or any marksmanship qualification badges.

15.  There is no available evidence in the applicant’s records or on the Awards and Decorations Computer Assisted Retrieval System (ADCARS) showing that he was awarded a Purple Heart. 

16.  Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the following three campaign periods: the Vietnam Counteroffensive; the Vietnam Counteroffensive, Phase II; and the Vietnam Counteroffensive, Phase III.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  

17.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that the 8th Cavalry Regiment, during the time of the applicant's assignment, was cited in Department of the Army General Orders (DAGO) Number 73, dated 1968, for award of the Presidential Unit Citation; and in DAGO Number 59, dated 1969 for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation. 

18.  The newspaper article provided by the applicant states, in part, that the applicant had received an award of the Silver Star for his valorous action on 
20 March 1967 and that he had also received the Purple Heart for wounds to his left hand that he had sustained in December 1966.









DISCUSSION AND CONCLUSIONS:

1.  There are no general orders available that show the applicant was awarded the Purple Heart.  The applicant's name is not listed on the Vietnam Casualty Roster.  However, there is evidence of record showing that he sustained a wound to his left hand while in the Republic of Vietnam which supports the subsequent newspaper article stating that he was awarded the Purple Heart.   Therefore, the applicant's request for award of the Purple Heart should be granted.

2.  The applicant’s unit was cited in general orders for award of the Presidential Unit Citation.  Therefore, his records should be corrected to show this unit award.

3.  The applicant’s unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his records should be corrected to show this foreign unit award.

4.  Records show that the applicant participated in three campaign periods during his service in the Republic of Vietnam.  Therefore, he is eligible for award of three bronze service stars to be affixed to his Vietnam Service Medal.

5.  Special Orders show that the applicant was awarded the Marksman Marksmanship Qualification Badge with Rifle and Recoilless Rifle Bars.  Therefore, his records should be corrected to show this award.

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 showing that in addition to the awards shown on his DD Form 214, his awards include the Purple Heart, Presidential Unit Citation, three bronze service stars to be affixed to his already awarded Vietnam Service Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Marksman Marksmanship Qualification Badge with Rifle and Recoilless Rifle Bars.





       _    ___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)                                         AR20070016793



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ABCMR Record of Proceedings (cont)                                         AR20080003646



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