IN THE CASE OF:	

		BOARD DATE:	  21 OCTOBER 2008

		DOCKET NUMBER:  AR20080010697 


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 to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 1 October 1969, to show award of the Purple Heart.  

2.  The applicant states, in effect, that he was awarded the Purple Heart in October 1969[sic], but it is not shown on his DD Form 214.

3.  In support of his application, the applicant provides a copy of a photograph that he contends is a picture of himself receiving the Purple Heart from a Marine Corps major general.  

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 military records show he was inducted into the Army of the United States, in pay grade E-1, on 2 October 1967.  He completed basic and advanced individual training and was awarded military occupational specialty 11C, infantry indirect fire crewman.  He served in Vietnam from 24 March 1968 to 11 November 1968, with Company C, 1st Battalion (Airborne), 508th Infantry and Company A, 2nd Battalion (Airborne), 505th Infantry, during four campaigns.  

3.  The applicant’s records contain a Western Union telegram, dated 8 October 1968, wherein his father was informed that he had been slightly wounded in Vietnam on 7 October 1968, as a result of hostile action.  His records also show he departed Vietnam in a patient status on 11 November 1968.

4.  The applicant's DA Form 20 (Enlisted Qualification Record), Item 40 (Wounds), shows Fragment wound to chest – 7 Oct 68.  Item 41 (Awards and Decorations) does not list the Purple Heart.  

5.  The applicant’s records also contain a Clinical Record Cover Sheet, dated 17 January 1969, that shows he sustained fragmentation wounds of his left cheek and right chest on 7 October 1968 in Vietnam when a booby trap exploded.  The injury was declared in the line of duty.  The sheet also shows the applicant underwent Thoracic surgery and was hospitalized from 16 November 1968 to 2 January 1969.  

6.  The applicant was honorably released from active duty, in pay grade E-4 (temporary), on 1 October 1969, at the expiration of his term of service.  He was transferred to the United States Army Reserve Control Group (Annual Training).

7.  Entries on the applicant’s DD Form 214, Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) list the following awards:  the National Defense Service Medal; the Vietnam Service Medal, with two bronze service stars; the Republic of Vietnam Campaign Medal, with Device 60; the Army Commendation Medal; one Overseas Service Bar; the Expert Marksmanship Qualification Badge, with Rifle Bar (M-14); the Combat Infantryman Badge; the Sharpshooter Marksmanship Qualification Badge, with Rifle Bar (M-16); and the Expert Marksmanship Qualification Badge, with Mortar Bar (81mm).  The Purple Heart is not listed.

8.  The Vietnam Casualty Roster shows the applicant was wounded on 7 October 1968 and the casualty status code was "23."  This code indicates the status "hostile wounded in action, not serious, hospitalized."  

9.  A review of the Awards and Decorations Computer Assisted Retrieval System of the records of the applicant's units for the timeframe the applicant served in Vietnam was conducted.  This review failed to show any orders were published authorizing award of the Purple Heart to the applicant.  

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.  The regulation also states that the Purple Heart is not governed by the statute of limitations.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that his unit  was cited for award of the Valorous Unit Award, by Headquarters, Department of the Army General Orders Number 43, dated 1970; the Republic of Vietnam Gallantry Cross with Palm Unit Citation, by Headquarters, Department of the Army General Orders Number 43, dated 1970; and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Headquarters, Department of the Army General Orders Number 48, dated 1971.

12.  Army Regulation 600-8-22 also authorizes 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 campaign or service medal including the Vietnam Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214, dated 1 October 1969, does not show his award of the Purple Heart.  There are no general orders that show the applicant was awarded the Purple Heart.  The evidence of record shows he sustained fragmentation wounds to the left cheek and right chest on 7 October 1968, in the Republic of Vietnam, as a result of hostile action.  Despite the lack of general orders awarding the applicant the Purple Heart, the evidence shows he is qualified for award of the Purple Heart.  He is therefore entitled to have the Purple Heart awarded to him and to have this award shown on his DD Form 214.

2.  General orders authorized the applicant’s unit award of the Valorous Unit Award; the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, during his tenure of assignment in Vietnam.  These unit awards are not shown on his DD Form 214.  Therefore, he is entitled to have his DD Form 214 corrected to show these unit awards.

3.  Evidence of record shows the applicant participated in four campaigns during his service in Vietnam.  He is therefore further eligible for award of two additional bronze service stars, for a total of four, to be affixed to his already-awarded Vietnam Service Medal and to have these service stars added to his DD Form 214 at this time.

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

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:

   a.  awarding the applicant the Purple Heart for wounds he received in the Republic of Vietnam on 7 October 1968; 
   
	b.  deleting the two bronze service stars shown on his DD Form 214;

   c.  awarding the applicant the Valorous Unit Award; the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; and by adding four bronze service stars to his already-awarded Vietnam Service Medal; and 
   
   d.  adding these awards to his DD From 214 and providing him a corrected separation document that includes these awards.




      _______ _  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)                                         AR20080010697



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ABCMR Record of Proceedings (cont)                                         AR20080010697


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