IN THE CASE OF:	

		BOARD DATE:	  23 September 2008

		DOCKET NUMBER:  AR20080011775 


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 of the Purple Heart.

2.  The applicant states that he is entitled to award of the Purple Heart for injuries that he received while he was on active duty in Vietnam on 29 October 1969.  He states that he was in the jungle most of the time with his company and that his commanding officer has stated that it was an oversight that the paperwork was not completed.

3.  The applicant provides in support of his application, a copy of a Fax Transmittal Sheet dated 12 July 2008, a self authored letter, addressed to the Purple Heart Association, providing documents and requesting assistance in helping him obtain the award of the Purple Heart; a letter dated 22 January 2006, address to a retired major, requesting his assistance in helping him obtain the Purple Heart; and an undated letter from the retired major, addressed “To Whom It May Concern” attesting to the fact that he (the applicant) was wounded in action when he was in Vietnam.

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.  On 19 September 1967, the applicant enlisted in the Regular Army in Jacksonville, Florida, for 3 years, in the pay grade of E-1.  He successfully completed his training as an infantry operations and intelligence specialist.

3.  On 27 February 1968, Special Orders Number 49 was published awarding the applicant the Expert Marksman Qualification Badge (Machine Gun M-60).

4.  The applicant was awarded the Marksman Marksmanship Qualification Badge (Rifle M-14) in Special Orders Number 51, dated 29 February 1968.

5.  On 24 April 1969, the applicant was transferred to Vietnam.

6.  The applicant’s Chronological Record of Medical Care shows he was treated by a physician on 29 October 1969, after he suffered a fragment wound to the supra-patella region of his left leg.  However, his records do not show that orders were ever published awarding him the Purple Heart for his wound.

7.  On 5 November 1969, the applicant was awarded the Army Commendation with “V” Device (First Oak Leaf Cluster), for heroism in connection with military operations against a hostile force on 20 October 1969.

8.  While in Vietnam, the applicant participated in the Tet 69 Counteroffensive Campaign, which extended from 23 February through 8 June 1969; the Vietnam Summer-Fall 1969 Campaign, which extended from 9 June through 31 October 1969; and the Vietnam Winter-Spring 1970 Campaign, which extended from 1 November 1969 through 30 April 1970.

9.  The applicant returned to the Continental United States on 23 April 1970 and he was honorably released from active duty (REFRAD) as an overseas returnee on 25 April 1970.  The Report of Transfer or Discharge (DD Form 214) that he was furnished at the time of his REFRAD shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Vietnam 



Campaign Medal, the Bronze Star Medal, the Army Commendation Medal (First Oak Leaf Cluster), the Air Medal, and the Combat Infantryman Badge.  The “V” Device that was included on his award for the Army Commendation Medal; and the Device 1960 that should have been included on his Republic of Vietnam Campaign Medal were not included on his DD Form 214.  Also not included on his DD Form 214 were three bronze service stars to show his campaign participation.

10.  A review of the Vietnam Casualty Listing shows that the applicant was wounded in action on 29 October 1969, while he was serving in the rank of sergeant (E-5).

11.  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 by medical personnel, and the medical treatment must have been made a matter of official record.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows the unit, to which the applicant was assigned, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period December 1965 to August 1968 by Department of the Army General Order (DAGO) Number 48, dated 1971; and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation for the period 1 January 1966 to 21 January 1970 by DAGO Number 51, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  The applicant is entitled to be awarded the Purple Heart.  His records and the Vietnam Casualty Listing shows that he was wounded as a result of hostile action by enemy forces on 29 October 1969, while he was in Vietnam.  Therefore, his records should be corrected to reflect this award. 

2.  The applicant is also entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on DAGO Number 48, dated 1971; and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation based on DAGO Number 51, dated 1971.

3.  The applicant participated in three campaigns while he was in Vietnam; therefore, he is entitled to three bronze service stars for inclusion on his already awarded Vietnam Service Medal.

4.  The “V” Device was omitted from the applicant’s Army Commendation Medal and the Device 1960 was omitted from his Republic of Vietnam Campaign Medal during the preparation of his DD Form 214.  The Marksman Marksmanship Qualification Badge (Rifle M-14) and the Expert Marksmanship Qualification Badge were also omitted from his DD 214 and it would now be appropriate to include these awards.

5.  In view of the foregoing, it would now be appropriate to correct the applicant’s records 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.  deleting the Vietnam Service Medal, the Vietnam Campaign Medal, and the Army Commendation Medal (First Oak Leaf Cluster) from his DD Form 214;

   b.  awarding him the Purple Heart for the fragment wound that he received to the supra-patella region of his left leg on 29 October 1969, while he was in Vietnam, serving in the rank of sergeant (E-5); and











   c. amending his DD Form 214 to show that he was awarded the Purple Heart, the Vietnam Service Medal with three bronze service stars, the Army Commendation Medal with “V” Device (First Oak Leaf Cluster), the Republic of Vietnam Campaign Medal with Device 1960, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Expert Marksmanship Qualification Badge (Machine Gun M-60), and the Marksman Marksmanship Qualification Badge (Rifle M-14). 




      _______ _  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)                                         AR20080011775



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ABCMR Record of Proceedings (cont)                                         AR20080011775



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