IN THE CASE OF:	

	BOARD DATE:   	  

	DOCKET NUMBER:  AR20080006628 


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 he be awarded the Purple Heart and the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation.

2.  The applicant states, in effect, that he was medically evacuated from the 74th Medical Evacuation Hospital to Walter Reed Army Medical Center on 22 October 1970 as a result of being wounded in action.

3.  In support of his application, the applicant provides a copy of two DD Forms 214 (Armed Forces of the United States, Report of Transfer or Discharge) he was issued while he served on active duty.

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 show he enlisted in the Regular Army on 20 December 1967.  He completed basic combat training and advanced individual training and he was awarded the military occupational specialty (MOS), 63B (Wheel Vehicle Mechanic).

3.  On completion of his advanced individual training, he was assigned to Germany as his first duty station.  While in Germany, he was discharged, on 20 August 1968, for the purpose of immediate reenlistment.  The applicant reenlisted for 3 years on 21 August 1968.

4.  The applicant departed Germany on 26 March 1970.  He was reassigned to and served in Vietnam from 9 May 1970 through 25 October 1970.  While in Vietnam, he was assigned to Company A, 4th Battalion, 23rd Infantry Regiment, 25th Infantry Division, and participated in two campaigns of the Vietnam War. 

5.  The applicant was medically evacuated from Vietnam and was assigned to the Medical Holding Company, Walter Reed Army Medical Center, Washington, D.C. on 25 October 1970.

6.  The applicant was honorably released from active duty and placed on the temporary disability retired list on 16 August 1971, under the provisions of Title 10, US Code 1202.  The applicant was retired in the rank and pay grade of Specialist Five, E-5.  He was credited with 3 years, 7 months, and 27 days of active military service, with no time lost.

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), of the applicant's DD Form 214, dated 20 August 1968 shows he was awarded the National Defense Service Medal and the Expert Marksmanship Qualification Badge with Rifle Bar.

8.  Item 24 of the applicant's DD Form 214, dated 16 August 1971, shows he was awarded the Good Conduct Medal; the National Defense Service Medal; the Vietnam Service Medal; the Republic of Vietnam Campaign Medal with Device (1960); and the Expert Marksmanship Qualification Badge with Rifle Bar.  The Purple Heart and the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, are not listed.

9.  There is no entry in Item 40 (Wounds), of the applicant's DA Form 20 (Enlisted Qualification Record) to show that he received a wound in action against a hostile force in the Republic of Vietnam.

10.  There is no entry in Item 41 (Awards and Decorations) of the DA Form 20, showing that the applicant was awarded the Purple Heart or the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation.

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

12.  The applicant's name does not appear on the Vietnam Casualty List.

13.  A Standard Form (SF) 502, Narrative Summary, dated 1 June 1971, on file in the applicant's service record, shows he, "sustained a stretch injury to his brachial plexus in June 1970 while serving in Cambodia."

14.  An SF 502, dated 20 June 1972, on file in the applicant's service record, shows he, "sustained a stretch injury to his brachial plexus in June 1970 while serving in Cambodia."  The entry continues, "He was attempting to attach an object to a helicopter on takeoff and became entangled in the apparatus thereby being dragged from the ground."

15.  Department of the Army Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, dated 29 January 1988, which lists unit awards received by units serving in Vietnam, shows that the unit the applicant was assigned to was awarded the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, for the period 1 September 1968 through 30 September 1970, by Department of the Army General Order (DAGO) Number 5, dated 1973.

16.  The applicant's DD Form 214 shows entitlement to the Vietnam Service Medal; however, it does not show the bronze service stars to which the applicant is entitled for his campaign participation.  While in Vietnam, the applicant participated in two campaigns of the Vietnam War. 

17.  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.  This regulation also provides that there is no statute of limitations on requests for award of the Purple Heart.

18.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in its Appendix B and states that authorized bronze service stars will be worn on the appropriate service medal, in this case, the Vietnam Service Medal.
19.  Army Regulation 670-1, Chapter 29, prescribes policy and guidance for wear of U.S. and foreign unit awards.  This regulation states that a Soldier may wear the unit award permanently if the individual was assigned to, and present for duty with the unit any time during the period cited; or was attached by competent orders to, and present for duty with the unit during the entire period, or for at least thirty consecutive days of the period cited.

DISCUSSION AND CONCLUSIONS:

1.  To be awarded the Purple Heart, substantiating evidence must be presented to show that the applicant was wounded as a 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.

2.  The evidence in this case shows the applicant sustained a stretch injury to his brachial plexus in June 1970 while serving in Cambodia while he was attempting to attach an object to a helicopter on takeoff.  The evidence shows he became entangled in the apparatus and was dragged from the ground.  The evidence shows the applicant's injuries were sustained as result of an accident and were not the result of hostile enemy action.  The applicant is therefore not entitled to award of the Purple Heart and to have it added to his DD Form 214.

3.  The applicant participated in two campaigns during his tour of duty in Vietnam.  He is therefore entitled to award of two bronze service stars to be affixed to his already-awarded Vietnam Service Medal and to have them shown on his separation document.

4.  The applicant served in a unit which was awarded the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation at the time he was a member of the unit. He is therefore entitled to this unit award and to have it added to his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ___x____  ___x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

      a.  awarding the applicant two bronze service stars to be affixed to his already-awarded Vietnam Service Medal, to denote his participation in two campaigns while he served in Vietnam, and to be shown on his DD Form 214 as the Vietnam Service Medal, with two bronze service stars; and
      
      b.  awarding the applicant the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, and adding this unit award to his DD Form 214.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the Purple Heart to the applicant and its addition to his DD Form 214.



      ____________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)                                         AR20080006628



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ABCMR Record of Proceedings (cont)                                         AR20080006628


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