IN THE CASE OF:	  

		BOARD DATE:	       26 August 2008

		DOCKET NUMBER:  AR20080009635 


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) to show award of the Purple Heart.

2.  The applicant states that the Purple Heart was never shown on his DD Form 214.  The company clerk never put the Purple Heart on his DD Form 214.

3.  The applicant provides a copy of his DD Form 214; a supplemental letter; a document indicating he was wounded; his Honorable Discharge Certificate; a letter from the National Archives and Records Administration; and “Messages and Spot Reports for the Journal of 20 March 1970.”

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 9 May 1969. At the completion of basic combat training and advanced individual training, he was awarded military occupational specialty 11B (light weapons infantryman).  He was assigned to Vietnam on 21 October 1969 with Company B, 2nd Battalion, 502nd Infantry as a rifleman.  

3.  Item 40 (Wounds) on his DA Form 20 (Enlisted Qualification Record) shows he received fragment wounds to his neck, face, and stomach (no eye damage) on 20 March 1970.  

4.  His name is listed on the Vietnam Casualty Roster and shows he was wounded in action on 20 March 1970.

5.  The applicant departed Vietnam on 15 October 1970.  He received credit for participation in the Vietnam Summer-Fall 1969 Campaign, the Vietnam 
Winter-Spring 1970 Campaign, the DA Sanctuary Counteroffensive Campaign, and the Vietnam Counteroffensive Phase VII Campaign.  

6.  The applicant was honorably released from active duty on 7 May 1971.  His DD Form 214 shows the National Defense Service Medal, the Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Campaign Medal with (1960) Device, the Marksman Marksmanship Qualification Badge with Rifle Bar, two Overseas Service Bars, the Sharpshooter Marksmanship Qualification Badge with Rifle bar, the Combat Infantryman Badge, the Army Commendation Medal (First Oak Leaf Cluster), the Bronze Star Medal, and the Army Good Conduct Medal as authorized awards.

7.  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 applicant's assignment to the 2nd Battalion, 502nd Infantry, this unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Orders Number 48, dated 1971.

8.  Department of the Army Pamphlet 672-3 also shows that, at the time of applicant's assignment to the 2nd Battalion, 502nd Infantry, this unit was cited for award of the Valorous Unit Award by Department of the Army General Orders Number 48, dated 1971.

9.  Headquarters, Department of the Army General Orders Number 8, dated 1974, awarded all units which served in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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, 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, his name is listed on the Vietnam Casualty Roster and his Enlisted Qualification Record shows he was wounded in action on 20 March 1970.  Therefore, this evidence is sufficient as a basis for award of the Purple Heart to be added to his DD Form 214.

2.  The applicant was assigned to a unit during a period it was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and the Valorous Unit Award.  Later, all units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters, Department of the Army General Orders Number 8, dated 1974.  Therefore, these awards should be added to his DD Form 214.

3.  The applicant’s DD Form 214 currently reflects the Vietnam Service Medal with two bronze service stars.  However, he received credit for participation in four campaigns during the Vietnam War.  Therefore, it would be appropriate to amend his DD Form 214 to show four bronze service stars 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 on 20 March 1970; and

		b.  adding the Purple Heart, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Valorous Unit Award, 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)                                         AR20080009635



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ABCMR Record of Proceedings (cont)                                         AR20080009635



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