IN THE CASE OF:	  

		BOARD DATE:	        4 September 2008

		DOCKET NUMBER:  AR20080007386 


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 wounded in Vietnam and he was retired from duty due to a severe injury.  

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), a Medical Board Report Cover Sheet and Medical Evaluation Board Proceedings, a Medical Board Statement of Patient, a Standard Form 502 (Narrative Summary), his Report of Medical Examination; and his formal and informal Physical Evaluation Board Proceedings.

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 was inducted into the Army of the United States on 5 June 1968.  At the completion of basic combat training and advanced individual training, he was awarded military occupational specialty 11D (armor intelligence specialist).

3.  The applicant was assigned to Vietnam on 26 October 1968 with Troop E, 2d Squadron, 11th Armored Cavalry Regiment.

4.  Item 38 (Record of Assignments) on his DA Form 20 (Enlisted Qualification Record) shows he was transferred as a patient to the 106th General Hospital on 12 August 1969.

5.  Item 40 (Wounds) on the applicant's DA Form 20 does not show he sustained any wounds.  His name is listed on the Vietnam Casualty Roster and shows he was wounded in action on 12 August 1969.

6.  He departed Vietnam on 13 August 1969 and was credited with participation in the Vietnam Counteroffensive Phase V Campaign, the Vietnam Counteroffensive Phase VI Campaign, the Tet 69 Counteroffensive 1969 Campaign, and the Vietnam Summer-Fall 1969 Campaign.

7.  The applicant was released from active duty on 5 March 1970 and placed on the Temporary Disability Retired List.  He completed 1 year, 8 months, and 7 days of active military service with 24 days of lost time.

8.  His DD Form 214 shows the National Defense Service Medal, the Vietnam Service Medal, and the Combat Infantryman Badge as authorized awards.

9.  The applicant’s Medical Board Cover Sheet show his primary diagnoses as: wounds, secondary to multiple shrapnel injury on his right upper extremity; fracture, open humerus; and neuropathy, partial, mixed, radial nerve.  This document shows the original admission to sicklist as 12 August 1969.

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 11th Armored Cavalry Regiment, 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 50, dated 1971.

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, 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant has provided a medical document which shows he sustained wounds on 12 August 1969.  His name is listed on the Vietnam Casualty Roster and indicates he was wounded in action on 12 August 1969.  Therefore, this evidence is sufficient as a basis to award him the Purple Heart and to correct his DD Form 214 to show this decoration.

2.  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.

3.  The applicant received credit for participation in four campaigns during the Vietnam War.  Therefore, his DD Form 214 should be corrected to show four 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 received in action on 12 August 1969; and 

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



      __________xxxx___________
                 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)                                         AR20080007386



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ABCMR Record of Proceedings (cont)                                         AR20080007386



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