IN THE CASE OF:	  

		BOARD DATE:	        31 July 2008

		DOCKET NUMBER:  AR20080007431 


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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with the period ending 23 May 1968 to show award of the Purple Heart.  

2.  The applicant states, in effect, that he was wounded in Vietnam and the award of the Purple Heart should be on his DD Form 214.

3.  The applicant provides a Purple Heart certificate, dated 8 February 1991.

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 on 24 May 1966 and successfully completed basic training and advanced individual training.  He was awarded military occupational specialty 13A (Field Artillery Basic).

3.  The applicant arrived in Vietnam with Headquarters and Headquarters Battery, 1st Battalion, 84th Artillery on or about 12 January 1967.  He was reassigned to B Battery, 2nd Battalion, 77th Artillery, 25th Infantry Division on or about 6 March 1967.  The applicant was transferred to C Battery, 2nd Battalion, 77th Artillery, 25th Infantry Division on or about 1 August 1967.

4.  The applicant provides a Purple Heart certificate, dated 8 February 1991, that shows he was awarded the Purple Heart for wounds received on 31 December 1967.

5.  He departed Vietnam on or about 8 January 1968 after being credited with participating in two campaigns.  

6.  On 23 May 1968, the applicant was honorably released from active duty in the rank of Sergeant/E-5 after completing 2 years of creditable active service with no time lost.

7.  The applicant's DD Form 214 with the period ending 23 May 1968 shows he was awarded National Defense Service Medal, the Vietnam Campaign Medal with Device (1960), the Vietnam Service Medal with one bronze service star, one Overseas Service Bar, and the Expert Marksmanship Qualification Badge (Rifle).

8.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) shows the entry "FW (L) SIDE NECK 31 Dec 67".  Item 41 (Awards and Decorations) does not show award of the Purple Heart.

9.  There are no general orders in the applicant’s service personnel records that show he was awarded the Purple Heart, but his name appears on the Vietnam Casualty Roster.  This record shows that he was wounded as a result of hostile action on 31 December 1967.

10.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  His records do not contain any adverse information and his DA Form 20 shows his conduct and efficiency ratings as "excellent" throughout his period of service.  

11.  On 15 February 1990, the applicant asked for award of the Purple Heart.  On 8 February 1991, the U.S. Army Reserve Personnel Center authorized the applicant issuance of the Purple Heart.
12.  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, and the medical treatment must have been made a matter of official record.  

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that, at the time of the applicant’s assignment to C Battery, 2nd Battalion, 77th Field Artillery, it was cited for award of the Valorous Unit Award for the period 1 October 1967 through 31 October 1967 based on Headquarters, Department of the Army General Orders Number 39, dated 1970.

14.  Department of the Army Pamphlet 672-3 shows that, at the time of the applicant’s assignment to the 2nd Battalion, 77th Field Artillery, it was cited for award of the Presidential Unit Citation for the period 21 March 1967 based on Headquarters, Department of the Army General Orders Number 59, dated 1968.

15.  Department of the Army Pamphlet 672-3 shows that, at the time of the applicant’s assignment to the 2nd Battalion, 77th Field Artillery, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period October 1966 through 1 August 1967 based on Headquarters, Department of the Army General Orders Number 48, dated 1971.

16.  Department of the Army Pamphlet 672-3 shows that, at the time of the applicant’s assignment to the 2nd Battalion, 77th Field Artillery, it was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 August 1967 through 21 January 1970 based on Headquarters, Department of the Army General Orders Number 51, dated 1971.

17.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for 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. 

18.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the Overseas Service Bar.  In pertinent part, it states one overseas service bar is authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam are counted as whole months for credit toward the overseas service bar.


DISCUSSION AND CONCLUSIONS:

1.  There are no general orders awarding the applicant the Purple Heart.   However, his name is listed on the Vietnam Casualty Roster and his DA Form 
20 shows that he received an injury on 31 December 1967.  These entries are accepted as sufficient to show that the applicant was wounded as a result of hostile action.  Therefore, the applicant is entitled to award of the Purple Heart for wounds sustained as a result of hostile action on 31 December 1967.

2.  The applicant was separated in the rank of Sergeant with 2 years of creditable active service with no time lost and conduct and efficiency ratings of "excellent" throughout his period of service.  Therefore, it appears the applicant met the eligibility criteria for award of the Army Good Conduct Medal 1st Award for the period 24 May 1966 through 23 May 1968.

3.  The applicant was assigned to a unit during a period of time it was awarded the Valorous Unit Award, the Presidential Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  His participation in two campaigns makes him eligible to wear two bronze service stars to be worn on his Vietnam Service Medal.  His DD Form 214 should be amended to add these awards.

4.  The applicant served in Vietnam from 12 January 1967 through 8 January 1968.  Therefore, he is eligible to wear two overseas bars.  His DD Form 214 should be amended to reflect this fact.

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:

	a.  by awarding him the Purple Heart for wounds sustained on 31 December 1967; 

	b.  awarding him the Army Good Conduct Medal 1st Award for the period 
24 May 1966 through 23 May 1968; and 

	c.  by amending his DD Form 214 to add the Purple Heart, the Army Good Conduct Medal 1st Award, the Valorous Unit Award, the Presidential Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, two bronze service stars to be worn on his already-awarded Vietnam Service Medal, and two overseas bars.




      _______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)                                         AR20080007431



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ABCMR Record of Proceedings (cont)                                         AR20080007431



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