IN THE CASE OF:	  

	BOARD DATE:	  13 May 2008

	DOCKET NUMBER:  AR20080003743 


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 that the Purple Heart be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and that his medical records be corrected to show he was hospitalized for malaria.

2.  The applicant states, in effect, that he was awarded the Purple Heart.  He also states that he was hospitalized around July 1969 with a high fever.  He was medically evacuated by helicopter to the hospital at Qui Nhon after he was diagnosed with malaria.  He was told he would have a 10 percent disability relating to his diagnosis of and treatment for malaria.  However, the National Personnel Records Center stated they had no record of the above treatment.

3.  The applicant provides his Purple Heart orders and a copy of his Veterans Administration card.

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 already show that he was diagnosed with and treated for malaria while he was in Vietnam.  A DA Form 8-275-3 (Clinical Record Cover Sheet) shows the applicant was transferred to the 6th Convalescent Center from the 67th Evacuation Hospital on 11 July 1969 for a diagnosis of malaria plasmodium falciparum, proven by blood smear.  Therefore, this issue will not be further discussed in this proceeding.  A copy of the document that shows his treatment for malaria will be provided to him.

3.  The applicant was inducted into the Army on 14 February 1968.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

4.  The applicant arrived in Vietnam and was assigned to Company A, 1st Battalion, 8th Infantry, 4th Infantry Division on 16 January 1969.

5.  Headquarters, 4th Infantry Division General Orders Number 6854, dated       10 November 1969, awarded the applicant the Purple Heart for wounds received on 21 May 1969.  A copy of these orders is filed in his records.

6.  The applicant departed Vietnam on 13 November 1969 after being credited with participation in four campaigns.

7.  The applicant was released from active duty on 16 November 1969.  His     DD Form 214 shows he was awarded the National Defense Service Medal, the Combat Infantryman Badge, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Army Good Conduct Medal, and the   Air Medal.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that, at the time of the applicant's assignment to the 1st Battalion, 8th Infantry, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period October 1966 through       28 July 1969 by Department of the Army General Order (DAGO) Number 3, dated 1970 and for the period 29 July 1969 through 10 April 1970 by DAGO Number 53, dated 1971.

9.  Department of the Army Pamphlet 672-3 also shows that, at the time of the applicant's assignment to the 1st Battalion, 8th Infantry, it was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 October 1966 through 31 October 1969 by DAGO Number 53, dated 1970.

10.  Department of the Army Pamphlet 672-3 states that not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual.  Although multiple awards of this unit citation badge may not be worn, official military personnel and historical records will indicate all awards received.

11.  Army Regulation 600-8-22 (Military Awards) authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix   B of this regulation.  Authorized bronze service stars will be worn on the appropriate campaign or service medal, including the Vietnam Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant was awarded the Purple Heart.  This award should be added to his DD Form 214.

2.  The applicant was assigned to a unit during a period of time it was awarded two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Although he may wear only one award, both awards should be added to his DD Form 214.

3.  The applicant was assigned to a unit during a period of time it was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  This award should be added to his DD Form 214.

4.  The applicant was credited with participating in four campaigns.  Therefore, he is authorized to wear four bronze service stars on his Vietnam Service Medal, and his DD Form 214 should be amended to reflect this fact.

BOARD VOTE:

___XX_ _  ___XX___  ___XX__  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 amending his DD Form 214 to add the Purple Heart, two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and to show he is eligible to wear four bronze service stars on his already-awarded Vietnam Service Medal.




      _________XX_____________
      	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)                                         AR20080003743



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ABCMR Record of Proceedings (cont)                                         AR20080003743



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