IN THE CASE OF:	  

	BOARD DATE:	  22 July 2008

	DOCKET NUMBER:  AR20080006197 


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 his records be corrected to show the award of the Purple Heart.

2.  The applicant states that he was awarded the Purple Heart, but it is not on his separation document (DD Form 214).

3.  The applicant provides a copy of his DD Form 214 and a Certificate of Award for the Purple Heart.

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 enlisted in the Regular Army on 8 March 1965 for 4 years.  He completed the necessary training and was awarded the military occupational specialty (MOS) 11D (Armor Reconnaissance Specialist).

3.  The applicant served with Battery B, 3rd Battalion, 13th Field Artillery in the Republic of Vietnam during the period of 4 February 1966 to 25 October 1966.  He also served with Headquarters and Headquarters Troop (HHT) Troop C,  
3rd Squadron, 5th Cavalry, 9th Infantry Division in the Republic of Vietnam during the period of 7 February 1968 to 2 February 1969.

4.  The applicant was honorably separated and transferred to the U.S. Army Reserve Control Group (Reinforcement), St. Louis, Missouri, on 3 February 1969.  He completed 3 years, 11 months, and 26 days of Net Service This Period.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the awards of the National Defense Service Medal, Republic of Vietnam Campaign Medal, Vietnam Service Medal, Combat Infantryman Badge, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  However, it does not show the award of the Purple Heart.

6.  A Telegram from Western Union, dated 2 May 1968 states that the applicant was slightly wounded in action in Vietnam on 30 April 1968, as a result of hostile action by a metal fragment to the lower extremities while in base camp when the unit engaged a hostile force in a firefight.  He was treated and hospitalized in Vietnam.

7.  A review of the Republic of Vietnam Casualty Roster show the applicant's name was listed among those wounded.  The applicant's entry contains the injury code "23" which indicates hostile wounded in action not serious hospitalized.  The roster further shows that the applicant sustained these injuries on 30 April 1968.

8.  The Certificate of Award for the Purple Heart that the applicant submitted also shows he was awarded the Purple Heart for wounds received on 30 April  
1968 and he was given the award on 4 May 1968.

9.  Review of the applicant's records indicates entitlement to additional awards and decorations not shown in item 24 of 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 the Republic of Vietnam.  This document shows the unit, to which the applicant was assigned, Battery B, 3rd Battalion, 13th Field Artillery, was cited for an award of the Republic of Vietnam Gallantry Cross with Unit Palm Citation based on Department of the Army General Orders Number 48, dated 1971 and Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation based on Department of the Army General Orders Number 51, dated 1971.

11.  This Pamphlet also shows the unit, to which the applicant was assigned, HHT, Troop C, 3rd Squadron, 5th Cavalry, was cited for the Valorous Unit Award based on Department of the Army General Orders Number 28, dated 1969.

12.  The applicant's records show that he was awarded the Vietnam Service Medal.  However, his DD Form 214 does not show any bronze service stars indicating campaign credit.

13.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the Vietnam Counteroffensive (25 December 1965 to 30 June 1966); Tet Counteroffensive (30 June 1968 to 1 April 1968); Vietnam Counteroffensive, Phase IV (2 April 1968 to 30 June 1968); Vietnam Counteroffensive, Phase V  
(1 July 1968 to 1 November 1968); and Vietnam Counteroffensive, Phase VI  
(2 November 1968 to 22 February 1969).  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign and that a silver service star is authorized in lieu of five bronze service stars.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show the award of the Purple Heart.

2.  The Republic of Vietnam Casualty Roster and the Telegram from Western Union shows the applicant sustained wounds as a result of hostile action on  
30 April 1968.  This is sufficient evidence to meet the criteria for award of the Purple Heart.  Therefore, the applicant is entitled to award of the Purple Heart for wounds sustained on 30 April 1968 and correction of his records to show this award.

3.  Evidence shows the applicant is entitled to the awards of the Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation.  Therefore, he is entitled to correction of his records to show these unit awards.

4.  Evidence shows that the applicant participated in five campaigns during his service in the Republic of Vietnam.  Therefore, he is entitled to one silver service star to be affixed to his 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 the awards of the Purple Heart for wounds sustained in the Republic of Vietnam on 30 April 1968, the Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation, and one silver service star to be affixed to his 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)                                         AR20080006197





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ABCMR Record of Proceedings (cont)                                         AR20080006197



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