IN THE CASE OF:	  

	BOARD DATE:	  10 July 2008

	DOCKET NUMBER:  AR20080006093 


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 for wounds he received in the Republic of Vietnam on 21 April 1968.

2.  The applicant states, in effect, he was wounded on 21 April 1968 outside of Dong Ha, Republic of Vietnam.  He further states he was flown to the USS Sanctuary where he remained for approximately 2 months.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 9 July 1969.

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 military personnel record shows he was inducted on 10 July 1967 and entered active duty on that date.  He successfully completed basic combat and advanced individual training and was awarded the military occupational specialty 11B (Light Weapons Infantryman).

3.  The applicant was assigned to D Company, 4th Battalion, 31st Infantry in the Republic of Vietnam during the period from 5 January 1968 to 7 December 1968.

4.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) indicates the applicant received fragment wounds to his back, buttocks, thighs, and arms on 21 April 1968.

5.  On 9 July 1969, the applicant was released from active duty.  He had completed two years of active service that was characterized as honorable.

6.  Item 24 (Decorations, Medal, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, which he authenticated in his own hand, does not show the award of the Purple Heart.  Item 24 does show the applicant is authorized the Vietnam Service Medal.

7.  There are no orders in the applicant's military service records awarding him the Purple Heart.

8.  The applicant is listed on the Vietnam Casualty Listing.  The Listing reports the applicant’s casualty status as hostile, wounded in action, not serious, hospitalized.  The Listing reports the date of casualty as 21 April 1968.

9.  The applicant's records show that he is entitled to additional awards, which he did not request and are not listed on his DD Form 214.

10.  Based on the applicant's dates of service in Vietnam, Table B-1 of Army Regulation 600-8-22 (Military Awards) shows he served in the Tet Counteroffensive Campaign (30 January 1968 - 1 April 1968); the Vietnam Counteroffensive, Phase IV Campaign (2 April 1968 - 30 June 1968); the Vietnam Counteroffensive, Phase V Campaign (1 July 1968 - 1 November 1968); and the Vietnam Counteroffensive, Phase VI Campaign (2 November 1968 - 
22 February 1969).

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems awarded during the Vietnam Conflict, the Grenada Operation, and the period of service subsequent to the Vietnam Conflict up to September 1987.  This pamphlet shows that at the time of the applicant’s assignment to the 4th Battalion, 31st Infantry, the unit received the Valorous Unit Award.

12.  Department of the Army Pamphlet 672-3 also shows that all units assigned in Vietnam from 8 February 1962 through 28 March 1973 were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, based on Department of the Army General Order Number 8, dated 1974.

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

14.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation.  The regulations state that authorized bronze service stars will be worn on the appropriate campaign and service medal, which in this case is the Vietnam Service Medal.  

15.  Army Regulation 635-5 (Separation Documents), in effect at the time, provides, in pertinent part, that all available records will be used as a basis for completion of the DD Form 214, including the DA Form 20 (Enlisted Qualification Record).

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he was wounded on 21 April 1968 in the Republic of Vietnam and is entitled to award of the Purple Heart.

2.  The DA Form 20 is a record of the applicant's history in the Army and contains an entry for wounds received in action.  The DA Form 20 is a source document for completion of the DD Form 214.  Both the DA Form 20 and the Vietnam Casualty Listing indicate the applicant was wounded on 21 April 1968.  The Listing indicates the wounds were as a result of hostile action.

3.  Therefore, there is sufficient evidence upon which to base award of the Purple Heart for wounds the applicant received on 21 April 1968 in the Republic of Vietnam.

4.  Based on the applicant's service with the 4th Battalion, 31st Infantry he is entitled to the Valorous Unit Award.
5.  The applicant's military personnel records show he participated in four campaigns during his service in Vietnam.  Therefore, he is entitled to four bronze service stars to be worn on his Vietnam Service Medal.  

6.  The applicant served in the Republic of Vietnam during the period all units assigned in the Republic of Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

BOARD VOTE:

__XXX __  __XXX__  __XXX__   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 show he was awarded the Purple Heart for wounds received on 21 April 1968 in the Republic of Vietnam and that he is authorized the Valorous Unit Award, four bronze service stars to be worn on his already-awarded Vietnam Service Medal, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.



      ___        XXX                ___
                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)                                         AR20080006093



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ABCMR Record of Proceedings (cont)                                         AR20080006093



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