IN THE CASE OF:	  

		BOARD DATE:	  25 September 2008

		DOCKET NUMBER:  AR20080009873 


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, in effect, that he be awarded the Purple Heart.  

2.  The applicant states, in effect, that the Purple Heart is not listed on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  

3.  In an additional statement, the applicant states, in effect, that he earned the Purple Heart during his military service while serving in Vietnam during the period 1968 to 1969.  While embarked on a mission to build a bridge, US Soldiers, including the applicant, were attacked by mortar.  They blew up the panel bridge which led to one of the panels falling on his right hand.  A field aid doctor treated him which resulted in hospitalization that same day.  The reason for the hospitalization was for his right hand as well as his arm which was swollen and black.  The hospital doctor examined him and determined that he had the beginning stages of gangrene.  He states that the Purple Heart has a great deal of value for him and he would appreciate it if the Board complied with his request of sending him this medal.

4.  The applicant provides a copy of his DD Form 214 and a copy of his award certificate and General Orders awarding him the Purple Heart, on 16 May 1969, in support of his request. 





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's record shows he was inducted on 28 November 1967.  He was trained as a Bridge Specialist, in military occupational specialty (MOS), 12C. He was promoted to sergeant (SGT/E-5) effective 1 February 1969.  

3.  The applicant served in Vietnam from 4 May 1968 to 1 July 1969.  He served until he was honorably released from active duty on 8 July 1969. 

4.  The applicant’s DD Form 214 shows he was awarded the National Defense Service Medal; the Republic of Vietnam Campaign Medal; the Vietnam Service Medal; two Overseas Service Bars; the Sharpshooter Marksmanship Qualification Badge, with Rifle Bar; the Expert Marksmanship Qualification Badge, with Rifle Bar; the Army Commendation Medal, with 1st Oak Leaf Cluster (OLC); and the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation.  His DD Form 214 does not show any additional awards.

5.  The applicant's DA Form 20 (Enlisted Qualification Record) does not show an entry in item 40 (Wounds) and the Purple Heart is also not shown as an authorized award in item 41 (Awards and Decorations). 

6.  The applicant's name does not appear on the Vietnam Casualty Roster for a wound received as a result of hostile action.

7.  The applicant provided an award certificate and Headquarters, 3rd Surgical Hospital (Mobile Army) General Orders Number 133, dated 16 May 1969, which shows that he was awarded the Purple Heart, on 16 May 1969, for wounds received in action on 16 May 1969, while serving in Vietnam. 


8.  While in Vietnam, the applicant participated in three campaigns.  The applicant’s DD Form 214 shows entitlement to the Vietnam Service Medal; however, it does not show the four bronze service stars to which he is entitled for his campaign participation.  Army Regulation 600-8-22 provides that a bronze service star is authorized to be affixed to the Vietnam Service Medal for his participation in each campaign.

9.  Department of the Army Pamphlet 672-3 shows that the applicant's unit was cited for award of the Valorous Unit Award, by Department of the Army General Orders (DAGO) Number 43, dated 1970, while he was assigned to the unit.  This unit award is not shown on the applicant's DD Form 214. 

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant was wounded in Vietnam on 16 May 1969 as a result of hostile action.  He was awarded the Purple Heart as evidenced by his award certificate and General Orders Number 133, dated 16 May 1969.  He is therefore entitled to correction of his records to show the award of the Purple Heart.

2.  The applicant's DD Form 214 shows that he was awarded the Vietnam Service Medal.  While in Vietnam, he participated in four campaigns; therefore, he is entitled to award of four bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

3.  The applicant's unit was cited for award of the Valorous Unit Award, at the time he was a member of the unit.  He is therefore entitled to correction of his records to show this unit award.

BOARD VOTE:

___x____  ___x____  ___x____  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 adding the already-awarded Purple Heart, to his DD Form 214; and  

	b.  awarding the applicant the Vietnam Service Medal, with four bronze service stars; and the Valorous Unit Award; and adding these awards to his DD Form 214.




      _______ _  x _______   ___
               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)                                         AR20080009873



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ABCMR Record of Proceedings (cont)                                         AR20080009873



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