IN THE CASE OF:	  

		BOARD DATE:	        26 August 2008

		DOCKET NUMBER:  AR20080010482 


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 (Report of Transfer or Discharge) to show award of the Purple Heart.

2.  The applicant states that his Purple Heart was left off of his DD Form 214.

3.  The applicant provides a copy of his DD Form 214 and a copy of his 1972 Physical Evaluation Board (PEB) Proceedings.

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 on 7 August 1969.  He arrived in Vietnam on 
30 May 1970.  He served as a tractor operator assigned to the 687th Engineer Company in Vietnam from 12 June 1970 through 23 October 1970.  He was assigned to the 59th Engineer Company in Vietnam from 24 October 1970 until he was wounded in action on 14 March 1971 and evacuated to the United States on 26 March 1971 for further medical treatment.  On 3 April 1972, the applicant was permanently retired by reason of physical disability.

3.  The applicant’s DD Form 214 shows the National Defense Service Medal, the Good Conduct Medal, the Vietnam Service Medal, and the Expert Marksmanship Qualification Badge with Rifle Bar as authorized awards.

4.  There are no orders for the Purple Heart in the applicant’s service personnel records.  However, the applicant’s PEB Proceedings state that he sustained multiple fragment wounds as a result of hostile artillery fire on 14 March 1971 in Vietnam.  A Western Union telegram, dated 16 March 1971, states the applicant was wounded in action on 14 March 1971 in Vietnam.  The Vietnam Casualty Roster also shows he was wounded in action on 14 March 1971.  

5.  Records show the applicant participated in two campaigns during his assignment in Vietnam.

6.  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 applicant's unit (687th Engineer Company) is eligible for award of the Meritorious Unit Commendation for actions during the period 1 November 1969 to 1 July 1970 based on Department of the Army General Orders Number 48, dated 1971.

7.  Department of the Army Pamphlet 672-3 shows the applicant's unit (687th Engineer Company) is eligible for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 6, dated 1974.  His unit (59th Engineer Company) is also eligible for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 5, dated 1973.   

8.  Department of the Army General Orders Number 8, 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 
28 March 1973.

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

10.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Republic of Vietnam Campaign Medal with Device (1960).  This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.  Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Republic of Vietnam Campaign Medal with Device (1960).

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.  The applicant’s PEB Proceedings which state he sustained multiple fragment wounds as a result of hostile artillery fire on 14 March 1971 in Vietnam is accepted as sufficient evidence on which to base award of the Purple Heart in this case. 

2.  Based on the applicant’s service in Vietnam, he is eligible for award of the Republic of Vietnam Campaign Medal with Device (1960).

3.  The applicant participated in two campaigns during his assignment in Vietnam which makes him eligible for award of the Vietnam Service Medal with two bronze service stars.

4.  The applicant’s unit (687th Engineer Company) was cited for award of the Meritorious Unit Commendation while he was assigned to it.

5.  The applicant’s units (687th Engineer Company and the 59th Engineer Company) were each cited for one award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.
6.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units which served in Vietnam.  

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 14 March 1971; and 

	b.  amending his DD Form 214 to add the Purple Heart, the Republic of Vietnam Campaign Medal with Device (1960), the Meritorious Unit Commendation, two awards of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and two bronze service stars for wear on his already-awarded Vietnam Service Medal.



      _______ 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)                                         AR20080010482





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080010482



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1