IN THE CASE OF:	  

	BOARD DATE:	  8 July 2008

	DOCKET NUMBER:  AR20080007012 


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 award of the Purple Heart.

2.  The applicant states that he was injured in combat on 23 November 1965 in Vietnam and should have been awarded a Purple Heart.  

3.  The applicant provides a copy of two DD Forms 1380 (U.S. Field Medical Card).

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 enlisted in the Regular Army on 28 December 1960.  He completed infantry training and was awarded specialty number 112.0 (heavy weapons, infantry).  He served in Korea from 18 June 1961 to 19 September 1962.  

3.  The applicant was discharged on 11 March 1963 for the purpose of immediate reenlistment.  His DD Form 214 for the period ending 11 March 1963 shows the Expert Marksmanship Qualification Badge with Rifle Bar and the Marksman Marksmanship Qualification Badge with Pistol Bar as authorized awards.

4.  The applicant reenlisted on 12 March 1963.  He completed a second tour in Korea from 30 March 1963 to 27 April 1964.  

5.  He was assigned to Vietnam on 20 August 1965 with Company D, 1st Battalion (Airborne), 8th Cavalry, 1st Cavalry Division (Airmobile).  

6.  Item 40 (Wounds) on the applicant's DA Form 20 (Enlisted Qualification Record) does not show he sustained any wounds.  His name is listed on the Vietnam Casualty Roster and shows he was wounded in action on 23 November 1965.

7.  The applicant provided a U.S. Field Medical Card which shows he sustained a fragment wound to his left hip and buttocks on 23 November [1965].

8.  The applicant departed Vietnam on 10 March 1966.  He was credited with participation in the Vietnam Defense Campaign and the Vietnam Counteroffensive Campaign.

9.  The applicant was honorably released from active duty on 10 March 1966.  His DD Form 214 for the period ending 10 March 1966 shows the Second Class Gunner Badge with Machinegun Bar, the Expert Marksmanship Qualification Badge with Rifle Bar (M-14 and M-1), the Marksman Marksmanship Qualification Badge with Pistol Bar, the Vietnam Service Medal, and the Combat Infantryman Badge as authorized awards.  

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 that, at the time of the applicant's assignment to the 1st Battalion, 8th Cavalry, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters, Department of the Army General Orders Number 59, dated 1969.


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

12.  Army Regulation 600-8-22 states that the Korea Defense Service Medal (KDSM) is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The area of eligibility and period of eligibility are as follows: (1) the area of eligibility encompasses all land area of the Republic of Korea, and the contiguous water out to 12 nautical miles; and (2) all air spaces above the land and water area.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

13.  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 and states that authorized bronze service stars will be worn on the appropriate service medal.

14.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states that, for Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Each entry will be verified by the Soldier’s records.

DISCUSSION AND CONCLUSIONS:

1.  The applicant has provided a medical document which shows he sustained fragment wounds on 23 November 1965.  His name is listed on the Vietnam Casualty Roster and indicates he was wounded in action on 23 November 1965. Therefore, this evidence is sufficient as a basis to correct his DD Form 214 for the period ending 10 March 1966 to show award of the Purple Heart.

2.  The applicant served a period of qualifying service in Korea for award of the KDSM.  Therefore, this award should be added to his DD Form 214 for the period ending 10 March 1966.


3.  The applicant was assigned to a unit during a period it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, this foreign unit award should be added to his DD Form 214 for the period ending 10 March 1966.  

4.  The applicant received credit for participation in two campaigns during the Vietnam War.  Therefore, his DD Form 214 for the period ending 10 March 1966 should be corrected to show two bronze service stars for wear on his Vietnam Service Medal.

BOARD VOTE:

__xx____  ___xx___  ___xx___  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:

	a.  awarding him the Purple Heart for wounds sustained on 23 November 1965; and 

	b.  adding the Purple Heart, the KDSM, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and two bronze service stars for wear on his already-awarded Vietnam Service Medal to his DD Form 214 for the period ending 10 March 1966.



      _______xxxxx___________
      	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)                                         AR20080007012



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ABCMR Record of Proceedings (cont)                                         AR20080007012



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