IN THE CASE OF:	

		BOARD DATE:	       18 September 2008

		DOCKET NUMBER:  AR20080009582 


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 that award of the Purple Heart be added to item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states that the Purple Heart is not included on his DD Form 214.

3.  The applicant provides a copy of his DD Form 214 and his award certificate for the Purple Heart.  

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 18 January 1967.  At the completion of basic combat and advanced individual training, he was awarded military occupational specialty 91B (medical specialist).  His highest grade held was specialist four, E-4.  

3.  He was assigned to Vietnam on 29 February 1968 with Headquarters and Headquarters Battery, 2nd Battalion, 20th Artillery, 1st Cavalry Division.  

4.  Item 40 (Wounds) on the applicant's DA Form 20 (Enlisted Qualification Record) shows he sustained abrasions and contusions to both legs on 20 May 1968.  His name is listed on the Vietnam Casualty Roster and shows he was wounded in action on 20 May 1968.  

5.  The applicant provided an award certificate, dated 28 May 1968, which shows he was awarded the Purple Heart for wounds received in action on 20 May 1968 in the Republic of Vietnam.  

6.  He departed Vietnam on 9 February 1969 and was credited with participation in the Tet Counteroffensive Campaign, the Vietnam Counteroffensive Phase IV Campaign, the Vietnam Counteroffensive Phase V Campaign, and the Vietnam Counteroffensive Phase VI Campaign.

7.  The applicant was released from active duty on 18 February 1969.  His DD Form 214 shows the National Defense Service Medal, the Republic of Vietnam Campaign Medal, and the Vietnam Service Medal as authorized awards.  

8.  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 2nd Battalion, 20th Artillery, 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.

9.  Department of the Army Pamphlet 672-3 shows that, at the time of the applicant's assignment to the 2nd Battalion, 20th Artillery, it was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Headquarters, Department of the Army, General Orders Number 42, dated 1972.

10.  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.

11.  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.  There are no orders which authorize award of the Purple Heart to the applicant.  However, he has provided an award certificate which shows he was awarded the Purple Heart for wounds received in action on 20 May 1968.  His name is listed on the Vietnam Casualty Roster and his Enlisted Qualification Record indicates he was wounded in action on 20 May 1968.  Therefore, this evidence is sufficient as a basis to correct his DD Form 214 to show award of the Purple Heart.

2.  The applicant was assigned to a unit during a period it was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, these awards 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 20 May 1968; and

		b.  adding the Purple Heart, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class 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)                                         AR20080009582



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ABCMR Record of Proceedings (cont)                                         AR20080009582



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