IN THE CASE OF:	

		BOARD DATE:	  18 September 2008

		DOCKET NUMBER:  AR20080011638 


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, that all awards to which he is entitled, including the Purple Heart and all others, be added to his DD Form 214, Armed Forces of the United States, Report of Transfer or Discharge.

2.  The applicant states, in effect, that they were omitted from his DD Form 214.

3.  The applicant provided no additional evidence in support of his request.

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 on 17 January 1967.  He completed basic combat training at Fort Lewis, Washington, and his advanced individual training at Fort Lee, Virginia.  After completing all required training, he was awarded military occupational specialty (MOS), 76A (Supply Clerk).

3.  The applicant served in the Republic of Vietnam from 18 November 1967 through 9 December 1968, with the 629th Supply Company.

4.  The applicant was discharged under honorable conditions, on 14 December 1968, under the provisions of Army Regulation (AR) 635-212.  He was separated in the rank and pay grade of Private, E-1.  On the date he was discharged, he had completed 1 year, 8 months, and 7 days of active military service, with 81 days of time lost.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), of the applicant's DD Form 214, shows he was awarded:  the National Defense Service Medal; the Vietnam Service Medal; the Republic of Vietnam Campaign Medal; the Sharpshooter Marksmanship Qualification Badge, with Rifle Bar [M-14 Rifle]; and the Marksman Marksmanship Qualification Badge, with Automatic Rifle Bar [M-16 Rifle].  The Purple Heart and other awards are not shown on the applicant's DD Form 214.

6.  There is no entry in Item 40 (Wounds), of the applicant's DA Form 20, Enlisted Qualification Record, to show that he received a wound in action against a hostile force.

7.  There is no entry in Item 41 (Awards and Decorations), of the DA Form 20, showing that the applicant was awarded the Purple Heart or other awards.

8.  There are no orders in the applicant's military personnel records awarding him the Purple Heart or other awards.

9.  The applicant's name does not appear on the Vietnam Casualty List.

10.  The applicant's DD Form 214 shows entitlement to the Vietnam Service Medal; however, it does not show the bronze service stars to which he is entitled for his campaign participation.

11.  While in Vietnam, the applicant participated in the following five campaigns of the Vietnam War:  the Vietnam Counteroffensive, Phase III, which extended from 1 June 1967 through 29 January 1968; the Tet Counteroffensive, which extended from 30 January through 1 April 1968; the Vietnam Counteroffensive, Phase IV, which extended from 2 April through 30 June 1968; the Vietnam Counteroffensive, Phase V, which extended from 1 July through 1 November 1968; and the Vietnam Counteroffensive, Phase VI, which extended from 2 November 1968 through 22 February 1969.

12.  DA Pamphlet 672-3 shows that the applicant's unit, a subordinate unit of the United States Army, Vietnam, was awarded the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, for the period 20 July 1965 through 28 March 1973, by DAGO Number 8, dated 1974.  This unit award is not shown on the applicant's DD Form 214.

13.  AR 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, and the medical treatment must have been made a matter of official record.  This regulation also provides that there is no statute of limitations on requests for award of the Purple Heart.

14.  AR 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in its Appendix B and states that authorized bronze service stars will be worn on the appropriate service medal, in this case, the Vietnam Service Medal.

15.  AR 670-1, chapter 29, prescribes policy and guidance for wear of U.S. and foreign unit awards.  This regulation states that a Soldier may wear the unit award permanently if the individual was assigned to, and present for duty with the unit any time during the period cited; or was attached by competent orders to, and present for duty with the unit during the entire period, or for at least thirty consecutive days of the period cited.

DISCUSSION AND CONCLUSIONS:

1.  To be awarded the Purple Heart, substantiating evidence must be presented to show that the Soldier was wounded as a result of hostile action, the wound must have required medical treatment by military medical personnel, and the medical treatment must have been made a matter of official record.

2.  There is no evidence in the applicant's service record, and the applicant provided insufficient evidence to show he was wounded as a result of hostile action while he served in Vietnam.

3.  The applicant's name does not appear on the Vietnam Casualty Listing and no entries were made in his service personnel records to show he was wounded as a result of hostile action.  No orders were published and none were contained in his service personnel record to show he was awarded the Purple Heart.

4.  Based on the available evidence in this case, the applicant is not entitled to award of the Purple Heart and to have it added to his DD Form 214.

5.  The applicant participated in five campaigns during his tour of duty in Vietnam.  He is therefore entitled to award of one silver service star to be affixed to his already-awarded Vietnam Service Medal and to have this star shown on his separation document.

6.  The applicant served in a unit, which was awarded the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation.  He is entitled to this unit award and to have it added to his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ____x___  ___x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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 one silver service star to be affixed to his Vietnam Service Medal, to denote his participation in five campaigns while he served in Vietnam, and to be shown on his DD Form 214 as the Vietnam Service Medal, with one silver service star; and
      
      b.  awarding the applicant the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, and adding this award to his DD Form 214.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the Purple Heart and other awards not specifically mentioned or listed in this Record of Proceedings.




      _______ _  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)                                         AR20080011638



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ABCMR Record of Proceedings (cont)                                         AR20080011638



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