IN THE CASE OF:	  

		BOARD DATE:	  	  25 November 2008

		DOCKET NUMBER:  AR20080010173 


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, correction of item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), to show that he was awarded the Purple Heart.

2.  The applicant states, in effect, that he has no idea why the Purple Heart was omitted from his DD Form 214.

3.  The applicant provides a copy of his DD Form 214, a copy of his Western Union Telegram, and a copy of a letter from the Department of Veterans Affairs (VA) 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 records show that he was appointed as a Reserve commissioned officer as a second lieutenant (2LT/O-1) effective 12 December 1967, with prior enlisted service.  He was promoted to first lieutenant (1LT/O-2) effective 12 December 1968.

3.  The applicant served in Vietnam from 7 December 1968 to 4 December 1969. He served until he was honorably released from active duty on 15 September 1969.

4.  The applicant’s DD Form 214 shows he was awarded the National Defense Service Medal; the Vietnam Service Medal; and the Republic of Vietnam Campaign Medal with 1960 Device.  His DD Form 214 does not show any additional awards.

5.  The applicant's name does appear on the Vietnam Casualty List for a wound received as a result of hostile action on 12 August 1969. 

6.  The ADCARS (Awards and Decorations Computer Assisted Retrieval System) failed to show that orders were published awarding the applicant the Purple Heart while he served in Vietnam.

7.  The applicant provided a copy of a Western Union Telegram, dated 14 August 1969, which indicates that he was wounded in action while serving in Vietnam on 12 August 1969 by fragments while on a combat operation when a hostile force was encountered.  He received wounds to his scalp and to all of his extremities.  

8.  The applicant provided a copy of a letter from the VA certifying his disability. 

9.  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 by military medical personnel, and the medical treatment must have been made a matter of official record. 

10.  The applicant’s DD Form 214 shows entitlement to the Vietnam Service Medal; however, it does not show the three 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 for the Vietnam Service Medal for participation in each campaign.  




11.  Department of the Army Pamphlet 672-3 shows that the applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, by Department of the Army General Orders (DAGO) Number 8, 1974 and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, by DAGO Number 53, dated 1970; while he was assigned to the unit.  These unit awards are not shown on the applicant's DD Form 214. 

DISCUSSION AND CONCLUSIONS:

1.  In his application to the Board, the applicant states he does not know why his Purple Heart was omitted from his DD Form 214.

2.  There is no evidence the applicant was awarded the Purple Heart.  The applicant provided no orders and there is no evidence orders were ever published awarding him the Purple Heart. 

3.  The evidence of record does show that the applicant was wounded as a result of hostile action while serving in Vietnam on 12 August 1969.  Therefore, he is entitled to award of the Purple Heart and a correction of his records to show this award.

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

5.  The applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, at the time he was a member of the unit.  He is therefore entitled to these unit awards and to correction of his records to show these unit awards.

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 by awarding the applicant the Purple Heart for wounds received on 12 August 1969; the Republic of Vietnam Gallantry Cross with Palm Unit Citation; the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and three bronze service stars to wear on his already awarded Vietnam Service Medal; 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)                                         AR20080010173



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ABCMR Record of Proceedings (cont)                                         AR20080010173



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