IN THE CASE OF:	  

		BOARD DATE:	        09 OCTOBER 2008

		DOCKET NUMBER:  AR20080011292 


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 he be reissued an order and a certificate that show he was awarded the Purple Heart.

2.  The applicant states that he lost the copy of the general orders that awarded him the Purple Heart and that it has been said these orders cannot be found.  

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 14 February 1969, in support of his application.

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 he enlisted in the Regular Army for a period of 3 years on 8 June 1966.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 51B (Carpenter). He was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) on 14 February 1969.  The highest rank/grade he attained during his military service was specialist four (SP4)/E-4. 

3.  The applicant’s records show he served in the Republic of Vietnam from 18 February 1968 to 13 February 1969.  He was assigned to Company B, 864th Engineer Battalion (Construction). 

4.  Item 24 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, the Purple Heart, the Good Conduct Medal, the Marksman Marksmanship Qualification Badge with Machinegun Bar, and two Overseas Service Bars.

5.  The applicant's DA Form 20 (Personnel Qualification Record) is not available with this case. 

6.  The applicant's name is shown on the Vietnam Casualty Roster under code "23" indicating he was wounded in action and that his wounds were not serious, but required hospitalization.  The date of his wound is shown as 25 May 1968.

7.  The applicant's records do not contain a copy of general orders that awarded him the Purple Heart. 

8.  During the processing of this case, a member for the Board staff reviewed the Awards and Decorations Computer Assisted Retrieval System (ADCARS) maintained by the Military Awards Branch of the United States Army Human Resources Command (HRC), which is an index of general orders issued during the Vietnam era between 1965 and 1973.  This review failed to reveal any Purple Heart order on file for the applicant.

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or 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.
10.  Review of the applicant's records indicates his entitlement to additional awards that are not shown on his DD Form 214.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 864th Engineer Battalion was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974; and the Meritorious Unit Commendation (1 March 1967 to 31 December 1968), based on Department of the Army General Orders Number 39, dated 1970.

12.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Vietnam Service Medal.

13.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the TET Counteroffensive; and the Vietnam Counteroffensive, Phases IV, V, and VI campaigns during his tour of duty in the Republic of Vietnam.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant was awarded the Purple Heart for wounds and/or injuries sustained on 25 May 1968 and that this award is shown on his DD Form 214.  However, his record is void of the general orders that awarded him the Purple Heart and the applicant lost his only copy of those orders.  Therefore, it would be appropriate to reissue the applicant new orders and a new certificate that show he was awarded the Purple Heart for wounds received in action in the Republic of Vietnam on 25 May 1968.

2.  General Orders awarded the applicant’s unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Meritorious Unit Commendation, which are not shown on his records.  Therefore, he is entitled to correction of his records to show these unit awards.

3.  The evidence of record shows the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in four campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of four bronze service stars to be affixed to his Vietnam Service Medal.




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.  reissuing the applicant new orders and a new certificate that show he was awarded the Purple Heart for injuries sustained as a result of hostile actions on 25 May 1968, in the Republic of Vietnam; and

	b.  showing award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Meritorious Unit Commendation, and four bronze service stars to be affixed to his already-awarded Vietnam Service Medal.



      ___        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)                                         AR20080011292



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ABCMR Record of Proceedings (cont)                                         AR20080011292



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