IN THE CASE OF:	  

		BOARD DATE:	        21 October 2008

		DOCKET NUMBER:  AR20080011643 


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 record to show he was awarded the Purple Heart.

2.  The applicant states, in effect, that he was awarded the Purple Heart for a wound sustained while serving in the Republic of Vietnam.  He continues that he served his country, was wounded in action, and deserves to have the Purple Heart properly documented in his records.  He concludes that having the Purple Heart in his record will facilitate his receipt of Department of Veterans Affairs benefits.

3.  The applicant provides copies of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and a Purple Heart Certificate, in support of this 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 record shows that he was inducted into the Army of the United States and entered active duty on 19 January 1966.  He completed basic and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).  The highest rank he achieved was specialist four/pay grade E-4.

3.  The applicant's record shows that he served in two units during his tour of duty in the Republic of Vietnam.  During the period 1 December 1966 through 1 August 1967, he was assigned to C Company, 5th Battalion of the 60th Infantry Regiment in the 9th Infantry Division.  During the period 2 August 1967 through 29 November 1967, he was assigned to A Company, 3rd Battalion of the 47th Infantry Regiment in the 9th Infantry Division.

4.  Block 31 (Foreign Service) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam during the period 1 December 1966 through 30 November 1967.  Block 40 (Wounds) is blank.  Block 41 (Awards and Decorations) does not show award of the Purple Heart.

5.  Block 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows award of the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, and the Combat Infantryman Badge.  This form does not show award of the Purple Heart.

6.  The Republic of Vietnam Casualty Roster shows that the applicant was wounded as the result of hostile action on 22 January 1967.

7.  The applicant provides a Purple Heart Certificate, dated 23 January 1967, which shows the Commanding General of the 9th Infantry Division awarded the Purple Heart to him for wounds received in action on 22 January 1967.

8.  Review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows unit awards received by units serving in the Republic of Vietnam.

10.  Department of the Army Pamphlet 672-3 shows the unit the applicant was assigned to while serving in the Republic of Vietnam was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for actions during the period 1 December 1966 through 30 June 1968 by Department of the Army General Orders Number 31, dated 1969.

11.  Army Regulation 600-8-22 provides, in pertinent part, that the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation is awarded by the Vietnamese Government as a unit award for meritorious service.

12.  Department of the Army Pamphlet 672-3 shows the unit the applicant was assigned to while serving in the Republic of Vietnam was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for actions during the period 19 December 1966 through 28 June 1969 by Department of the Army General Orders Number 59, dated 1969.

13.  Appendix B of Army Regulation 600-8-22 shows the campaigns for Vietnam.
During the applicant's tour in Vietnam he participated in three campaigns:  the Vietnam Counteroffensive, Vietnam Counteroffensive-Phase II, and Vietnam Counteroffensive-Phase III.  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 applicant's contention that he is entitled to award of the Purple Heart due to wounds he received as the direct result of hostile action was carefully considered and determined to have merit.

2.  The Republic of Vietnam Casualty Roster shows that the applicant was wounded as the result of hostile action on 22 January 1967.  Evidence shows the Commanding General of the 9th Infantry Division awarded the Purple Heart to him for wounds received in action on 22 January 1967.  Therefore, the applicant is entitled to have his records corrected to show this individual decoration.

3.  General Orders show the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to have his records corrected to show this foreign unit award.

4.  General Orders show the applicant is entitled to award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to have his records corrected to show this foreign unit award.

5.  Records show the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in three campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of three bronze service stars to be affixed to the already-awarded Vietnam Service Medal.

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 to show award of the Purple Heart, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and three bronze service stars to be affixed to his already-awarded 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)                                         AR20080011643



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ABCMR Record of Proceedings (cont)                                         AR20080011643



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