IN THE CASE OF:	  
 
		BOARD DATE:	       4 September 2008

		DOCKET NUMBER:  AR20080011101 


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 award the Purple Heart. 

2. The applicant states, in effect, that he was wounded in Vietnam.

3. The applicant provides copies of a DA Form 1577 (Authorization for Issuance of Awards) and a Department of Veterans Affairs (VA) rating decision, dated 2 October 1998.

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 on 24 January 1968, completed training and was stationed at Fort Riley, Kansas. He volunteered for duty in Vietnam and reached there on 24 May 1969. He served with A Troop, 1st Squadron, 1st Cavalry until he was wounded in the right hand on 7 May 1970.

3.  The applicant was evacuated to the United States and ultimately retired due to physical disability. On 11 December 1970 the applicant was placed on the retired list as a sergeant, pay grade E-5.

4.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) lists his authorized awards as the Good Conduct Medal, the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with "1960-" Device, the Combat Infantryman Badge, and the Expert Marksmanship Qualification Badge with Rifle Bar.

5.  Medical records, disability processing documents, communications to his next of kin and item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) all show that he was wounded in action.

6.  The DA Form 1577, dated 17 November 1978, shows the applicant was eligible to be issued a Purple Heart.

7.  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 medical personnel and the medical treatment must have been made a matter of official record.  This regulation also provides that there are no time limitations for requests for award of the Purple Heart.

8.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided, in pertinent part, for award of the Purple Heart.  The regulation stated that authority to award the Purple Heart was delegated to hospital commanders.  Further, it directed that all personnel treated and released within 24 hours were to be awarded the Purple Heart by the organization to which the individual was assigned.  Personnel requiring hospitalization in excess of 24 hours or evacuation from Vietnam were to be awarded the Purple Heart directly by the hospital commander rendering treatment.

9. Army Regulation 600-8-22 (Military Awards), in effect at the time, provides, in pertinent part, for award of the Vietnam Service Medal.  This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military-operations. The applicant's tour of duty included the following four campaigns: Tet69 Counteroffensive 23 February – 8 June 1969; Vietnam Summer- Fall 1969; 9 June - 31 October 1969; Vietnam Winter - Spring 1970, 1 November 1969 - 30 April 1970; and the Sanctuary Counteroffensive, 1 May -30 June 1970.

10. Army Pamphlet 672-3 (Unit Citation And Campaign Credit Register -Vietnam) shows that 1st Squadron, 1st Cavalry Regiment was authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 11 December 1969 to 31 March 1970 by Department of the Army General Order Number 42 of 1972.

DISCUSSION AND CONCLUSIONS:

1.  Aside from the DA Form 1577 mentioned and submitted by the applicant, there is no indication in that the applicant was awarded the Purple Heart.  While the available evidence clearly shows that he was eligible for award of the Purple Heart there is no indication what foundation existed for the Purple Heart to appear on the DA Form 1577 as an authorized award.

2.  The applicant was wounded while in action against the enemy and should be awarded the Purple Heart for wounds sustained on 7 May 1970. 

3. The applicant served in Vietnam during four named campaign periods and is authorized to wear four Bronze Service Stars on the Vietnam Service Medal.

4. His unit was authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

5. The above awards should be added to his DD Form 214. 


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 him the Purple Heart for wounds sustained on 7 May 1970; and
      
      b.  showing, that in addition to the awards already shown on his DD Form 214 the applicant is authorized the Purple Heart, Good Conduct Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and four bronze service stars for wear on the Vietnam Service Medal.




      _______ _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)                                         AR20080011101





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ABCMR Record of Proceedings (cont)                                         AR20080011101



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