IN THE CASE OF:	  

		BOARD DATE:	        17 September 2008

		DOCKET NUMBER:  AR20080010392


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 the Purple Heart and all other medals to which he is entitled be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states he was awarded the Purple Heart on 6 November 1967 while assigned to Company C, 4th Battalion, 503rd Infantry.

3.  The applicant provides:

	a.  DA Form 2082 (Request for Repayment of Soldier's Deposit).

	b.  DD Form 214, with an effective date of 7 March 1969.

	c.  Purple Heart Certificate for wounds received on 6 November 1967.

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 enlisted in the Regular Army for 3 years and entered on active duty on 8 March 1966.  Following Basic Combat Training and Advanced Individual Training at Fort Ord, CA, he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  The applicant next completed the Basic Airborne Course at Fort Benning, GA and was awarded the Parachutist Badge.  He then attended Special Forces training as a communications specialist, but the record does not indicate whether he completed such training.

4.  The applicant was transferred to Vietnam, arriving there on or about 27 April 1967.  The record shows he was assigned to Company C, 4th Battalion (Airborne), 503rd Infantry as a rifleman.

5.  The applicant's service records show he received a gunshot wound to his left leg on 7 November 1967 [sic].  He was treated at the 7th Field Hospital in Vietnam and later transferred to Fitzsimons General Hospital in Denver, CO.  His departure date from Vietnam is shown as 7 December 1967.

6.  The applicant's name appears on the Vietnam Casualty Roster showing that he was wounded in action on 6 November 1967.

7.  The applicant was honorably released from active duty at Fort Ord on 7 March 1969.  His DD Form 214 shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Combat Infantryman Badge, Parachutist Badge, and the Expert Marksmanship Qualification Badge with Rifle Bar. It does not show the Purple Heart.

8.  Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special 






skill badges and tabs, unit decorations, and trophies and similar devices awarded 
in recognition of accomplishments.  It provides:

	a.  The Purple Heart (PH) is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that:  (1) the wound was the result of hostile action; (2) the wound required medical treatment by medical personnel; and (3) the medical treatment was made a matter of official record.  In Vietnam, regulations provided that wounded Soldiers who were treated and returned to their units within 24 hours of being wounded would be awarded the Purple Heart by their unit of assignment.  For wounded Soldiers requiring hospitalization in excess of 24 hours or medical evacuation from Vietnam, the authority to award the Purple Heart was delegated to hospital commanders.

	b.  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.  During the applicant's service in Vietnam, there were two named campaigns.

9.  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 the unit to which the applicant was assigned was cited for award of the Presidential Unit Citation for the period 6-23 November 1967 by Department of the Army General Order Number 2 [as amended], dated 1982.  The unit was cited for award of the Meritorious Unit Commendation for the period 5 May 1965 to 4 May 1967 by Department of the Army General Order Number 48, dated 1968.  The unit was also cited by the government of the Republic of Vietnam for award of the Vietnam Gallantry Cross with Palm Unit Citation for the period 5 May 1965 to 26 September 1970 by Department of the Army General Order Number 51, dated 1971 and the Republic of Vietnam Civil 
Actions Honor Medal First Class Unit Citation for the period 15 April 1969 to
16 March 1971 by Department of the Army General Order Number 5, dated 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests award of the Purple Heart and all other decorations to which he is entitled.

2.  The applicant was wounded in action in Vietnam at the outset of the battle for Dak To during Operation MacArthur.  He was treated in military hospitals in Vietnam and in the United States; his name appears on the Vietnam Casualty Roster; his wound is documented on his DA Form 20 (Enlisted Qualification Record); and he has a Purple Heart Certificate which was filed with the State of Idaho Division of Veterans Service.  The Purple Heart should be added to his DD Form 214.

3. The applicant served in two named campaigns during the Vietnam War.  He is entitled to wear 2 bronze service stars on his already awarded Vietnam Service Medal.

4.  The applicant was a member of his unit when it was awarded the Presidential Unit Citation, Meritorious Unit Commendation, Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  These unit awards should be added to his DD Form 214.

BOARD VOTE:

__XXX __  __XXX__  __XXX__   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.  Deleting the Vietnam Service Medal from his DD Form 214; and
 
	b.  Adding the Purple Heart, Vietnam Service Medal with 2 bronze serve stars, Presidential Unit Citation, Meritorious Unit Commendation, Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to his DD Form 214.



      ___        XXX                ___
                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)                                         AR20080010392



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ABCMR Record of Proceedings (cont)                                         AR20080010392



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