IN THE CASE OF:	  

	BOARD DATE:	  

	DOCKET NUMBER:  AR20080006156 


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. 

2.  The applicant states, in effect, he is requesting award of the Purple Heart to assist him in obtaining Veterans benefits.

3.  The applicant submits no additional information in support of this 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 enlisted into the United States Army on 10 December 1965.  He was commissioned as a 2nd Lieutenant on 24 February 1967.  He completed basic combat training and advanced individual training and he was awarded military specialty 1981 (Rotary Wing Aviator).  The highest rank he attained while serving on active duty was captain (CPT). 

3.  The applicant's Officer Qualification Record (DA Form 66B) shows he served in the Republic of Vietnam (RVN) from 15 July to 18 November 1968.  He was assigned to the 3rd Squadron, 17th Air Calvary from 15 July 1968 until he was assigned to the 7th Squadron, 1st Calvary Division on 19 September 1968.  He was assigned to this unit until he was assigned in a patient status and returned to the United States.

4.  On 10 May 1969, the applicant was retired for physical disability and he was transferred to the United States Army Reserve (USAR) Control Group (retired) after completing a total of 3 years, 5 months, and 1 day of active service.  He served in military specialty 1981 (Rotary Wing Aviator) and the highest rank that he achieved was captain.  His DD Form 214, dated 10 May 1969, shows he was awarded the Distinguished Flying Cross, the Air Medal, the Army Commendation Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, the National Defense Service Medal, and the Gallantry Cross with Bronze Star.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 does not show award of the Purple Heart.  

6.  A Western Union telegram dated 8 November 1968, shows that on
6 November 1968, the applicant received a gunshot wound to his head when his aircraft was hit by enemy fire.

7.  The applicant's name is listed on the Vietnam Casualty Roster for wounds received in action on 6 November 1968.

8.  Army Regulation 600-8-22 (Military Awards) 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 a medical officer, and the medical treatment must have been made a matter of official record.

9.  A review of the applicant’s records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214. 

10.  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 the unit to which the applicant was assigned, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 8 February 1962 to 28 March 1973 by Department of the Army General Orders Number 8, dated 1974.

11.  Army Regulation 600-8-22, paragraph 2-13 provides guidance on the Vietnam Service Medal.  It states, in pertinent part, that one bronze service star is authorized with this award for each RVN campaign a member is credited with participating in while serving in the RVN.  Appendix B, Table B-1 of the same regulation contains a list of RVN campaigns and it shows that during his tenure of assignment, the applicant was credited with participating in the Vietnam Counteroffensive, Phase V and the Vietnam Counteroffensive, Phase VI Campaigns.  Therefore, he is entitled to two bronze service stars.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to correction of his records to show award of the Purple Heart. 

2.  The Western Union Telegram shows that the applicant received injuries to his head.  The applicant’s name is listed on the Vietnam Casualty Roster.  Therefore, his records should be corrected to show award of the Purple Heart for wounds received on 6 November 1968.

3.  General Orders show the applicant was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, which is not shown on his separation document.  Therefore, he is entitled to correction of his records to show this award.  

4.  Records show the applicant participated in two campaigns during his service in Vietnam.  Therefore, he is eligible for award of two bronze service stars to be affixed to his already awarded Vietnam Service Medal.

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 award of the Purple Heart for wounds received on 6 November 1968, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and two bronze service stars to be affixed to his already awarded Vietnam Service Medal.
      
      
      
      
      ___________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)                                         AR20070006156



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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