IN THE CASE OF:	  

		BOARD DATE:	  13 November 2008

		DOCKET NUMBER:  AR20080006014 


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, that the Purple Heart (PH) be added to his separation document (DD Form 214). 

2.  The applicant states, in effect, the PH was inadvertently left off his DD Form 214.   

3.  The applicant provides PH orders and a National Personnel Records Center (NPRC) letter in support of his application.  

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 that he was inducted into the Army and entered active duty on 8 May 1968.  He was trained in and awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  

3.  The applicant’s Enlisted Qualification Record (DA Form 20) shows he served in the Republic of Vietnam (RVN) from 7 October 1968 through 14 September 1969.  Item 38 (Record of Assignments) shows that during his RVN tour he was assigned to Company D, 2nd  Battalion, 506th Infantry Regiment, performing duties in MOS 11B as an ammunition bearer and automatic rifleman.  Item 38 also shows that he was a patient at the 106th General Hospital in Japan from 
3 through 13 September 1969 and at Walter Reed Army Medical Center (WRAMC) from 14 September through 10 October 1969.  

4.  Item 40 (Wounds) of the applicant’s DA Form 20 contains an entry that indicates he received a fragmentation wound to both legs on 26 August 1969.  The PH is included in the list of awards contained in Item 41 (Awards and Decorations) and his record contains a copy of Headquarters, 101st Airborne Division General Orders (GO) 11888, dated 10 September 1969, which awarded the applicant the PH for being wounded in action in the RVN on 26 August 1969. 

5.  The applicant’s record also contains orders issued at Fort Lewis, Washington on 24 June, 21 August, and 29 August 1968, which show the applicant qualified as an expert with the M-60 machinegun and M-14 rifle and as a marksman with the automatic rifle.   

6.  On 7 May 1970, the applicant was honorably released from active duty (REFRAD), in the rank of sergeant, after completing 2 years of active military service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued at the time shows he earned the following awards during his active duty tenure:  Bronze Star Medal, Air Medal, Army Commendation Medal, Army Good Conduct Medal, National Defense Service Medal, RVN Campaign Medal, Vietnam Service Medal (VSM), Combat Infantryman Badge, and Expert Marksmanship Qualification Badge with Rifle Bar.

7.  Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy.  Paragraph 2-8 contains guidance on award of the PH.  It states, in pertinent part, that in order to support award of the PH there must be evidence that the wound for which the award is being made was received as a result of enemy action, that it required treatment by medical personnel, and a record of this medical treatment must have been made a matter of official record. 

8.  Paragraph 2-13 of the awards regulation contains guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN.  

9.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It confirms that during his tenure of assignment in the RVN, the applicant’s unit (Company D, 2nd Battalion, 506th Infantry Regiment) received the Presidential Unit Citation (PUC), RVN Gallantry Cross with Palm Unit Citation, and RVN Civil Actions Honor Medal First Class Unit Citation.  It also shows that during the applicant's tenure of assignment in the RVN participation credit was granted for the Vietnam Counteroffensive Phase V; Vietnam Counteroffensive Phase VI; Tet 69 Counteroffensive, 1969; and Vietnam Summer-Fall 1969 campaigns.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that the PH was erroneously omitted from the list of awards contained on his DD Form 214 was carefully considered and found to have merit.  The evidence of record confirms the applicant was awarded the PH as a result of being wounded in action in the RVN on 26 August 1969, as evidenced by PH orders and an entry in Item 40 of the applicant’s DA Form 20.  As a result, it would be appropriate to add the PH to the list of awards contained in Item 24 of his DD Form 214. 

2.  The evidence of record also confirms the applicant qualified as an expert with the M-14 rifle and M-60 machinegun and as a marksman with the automatic rifle, which entitles him to the Expert Marksmanship Qualification Badge with Rifle and Machinegun Bars and the Marksman Marksmanship Qualification Badge with Automatic Rifle Bar.  It further confirms that based on his service and campaign participation in the RVN, he is entitled to the PUC, RVN Gallantry Cross with Palm Unit Citation, RVN Civil Actions Honor Medal First Class Unit Citation, and 4 bronze service stars with his VSM.  Therefore, it would also be appropriate to add these awards and decorations to his separation document at this time. 


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 his entitlement to the Purple Heart, Presidential Unit Citation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, 4 bronze service stars with his already-awarded Vietnam Service Medal, Expert Marksmanship Qualification Badge with Rifle and Machinegun Bars, and Marksman Marksmanship Qualification Badge with Automatic Rifle Bar and by providing him a correction to his separation document that includes these awards.



      ________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)                                         AR20080006014



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ABCMR Record of Proceedings (cont)                                         AR20080006014



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