IN THE CASE OF:	  

		BOARD DATE:	        17 September 2008

		DOCKET NUMBER:  AR20080006961


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 the Silver Star, Air Medal, Purple Heart, and two certificates of appreciation be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states, in effect, this is his second attempt to correct his records, with his first attempt being unsuccessful.

3.  The applicant provides:

	a.  His DD Form 214 for the period 15 January 1969 through 14 January 1971.

	b.  Certificates awarding him the Silver Star, the Air Medal, and the Purple Heart.

	c.  Two Certificates of Appreciation – one from the President of the United States, and one from the Chief of Staff of the Army.

	d.  A National Personnel Records Center letter dated 28 March 2008.


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 requests that the Silver Star and the Air Medal be added to his DD Form 214.  The applicant's record contains a DD Form 215 (Correction to DD Form 214), dated 13 April 1978, adding the Silver Star and the Air Medal to his DD Form 214; therefore, these awards will not be further discussed in this Record of Proceedings.  A copy of the DD Form 215 will be provided as enclosure with these proceedings.

3.  The applicant served in the Army of the United States (AUS) from 15 January 1969 through 14 January 1971, a period of 2 years.  He was trained and served in military occupational specialty (MOS) 11B (Light Weapons Infantryman).

4.  The applicant served in Vietnam from 19 June 1969 through 22 January 1970 as a rifleman assigned to Company D, 1st Battalion, 28th Infantry (The Black Lions), 1st Infantry Division (Big Red One).  He was wounded in action on 25 November 1969 and treated at the 2nd Surgical Hospital located in Lai Khe, Republic of Vietnam.  There he received the Purple Heart from the Hospital Commander.  He was eventually evacuated to the 249th General Hospital, located at Camp Drake, Asaka, Japan.  He did not return to his unit, but was transferred back to the United States.

5.  There are no orders showing his award of the Purple Heart; however, the applicant's name appears on the Vietnam Casualty Roster and his wounding is otherwise well documented, appearing in Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record).

6.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart (PH) is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that:  (1) the wound 
was the result of hostile action; (2) the wound required medical treatment by medical personnel; and (3) the medical treatment was made a matter of official record.  The regulation also provides that there is no statute of limitations on requests for award of the Purple Heart.  During the Vietnam War, US Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided for award of the Purple Heart (PH).  It stated that Soldiers who were treated and returned to their units within 24 hours of being wounded would be awarded the Purple Heart by their unit of assignment.  For wounded Soldiers requiring hospitalization in excess of 24 hours or medical evacuation from Vietnam, the authority to award the Purple Heart was delegated to hospital commanders.

7.  Army Regulation (AR) 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214.  In 1967, it was changed to include two new items – the Presidential Certificate of Appreciation and the Chief of Staff Certificate of Appreciation.  The regulation provided that the certificates were expressions of gratitude and would not be made part of the permanent record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests the Purple Heart and two certificates of appreciation be added to his DD Form 214

2.  The applicant's records show he was wounded in action on 25 November 1969 and evacuated through medical channels to the 2nd Surgical Hospital in Lai Khe, then to the 249th General Hospital in Asaka, Japan.  In accordance with USARV Regulation 672-1, he should have been awarded the Purple Heart by the Commander, 2nd Surgical Hospital.  This award should be added to his DD Form 214.

3. The applicant received Certificates of Appreciation from the President of the United States and the Chief of Staff of the Army.  These certificates were designed to be a part of a Soldier's permanent record; however, were not authorized for inclusion on the DD Form 214.  Therefore, there is no basis for adding these certificates of appreciation to his DD Form 214.






BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__XXX __  __XXX__  __XXX__   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 awarding him the Purple Heart for wounds received in Vietnam as a result of hostile action on 25 November 1969; and adding this 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 adding certificates of appreciation to his separation document.



      ___        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)                                         AR20080006961



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ABCMR Record of Proceedings (cont)                                         AR20080006961



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