IN THE CASE OF:	  

		BOARD DATE:	        15 October 2008

		DOCKET NUMBER:  AR20080011854 


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, in effect, that he was wounded in combat in the Republic of Vietnam on 9 February 1969.

3.  The applicant provided a copy of a certificate, dated 9 February 1969, that shows he was awarded the Purple Heart, 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 was inducted into the Army of the United States on 29 August 1967.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantry).  He was honorably separated and transferred to the U.S. Army Control Group (Annual Training) on 23 April 1969.  The highest rank 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 17 November 1968 to 21 August 1969.  He was assigned to C Company, 3rd Battalion, 8th Infantry, 4th Infantry Division.  

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was awarded the National Defense Service Medal and the Vietnam Service Medal.  Item 24 also shows the entry "Rifle," but does not show award of the Purple Heart.

5.  Item 40 (Wounds) of the applicant’s DA Form 20 (Enlisted Qualification Record) shows the entry “FGW (R) LEG 8 FEB 69,” indicating that the applicant was wounded by fragments and/or suffered a gunshot wound to his right leg on 8 February 1969. 

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 serious enough to require hospitalization.  The date of injury is shown as 8 February 1969.

7.  The applicant’s medical records show he sustained a gunshot wound to his right thigh and right foot in the Republic of Vietnam on 8 February 1969 with a fracture of the third metatarsal.  He had debridement and irrigation on that date and delayed primary closure of both wounds on 12 February 1969. 

8.  There are no General Orders in the applicant's records that show he was awarded the Purple Heart.

9.  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 the Purple Heart orders on file for the applicant.

10.  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, and the medical treatment must have been made a matter of official record.  This regulation further states that there is no time limit on submission of requests for award of the Purple Heart.

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

12.  Headquarters, 2nd Training Brigade, Fort Jackson, South Carolina, Special Orders Number 208, dated 23 October 1967, show the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), on 18 October 1967.

13.  Headquarters, U.S. Army Training Brigade, Infantry and Fort Polk, Fort Polk, Louisiana, Special Orders Number 320, dated 13 December 1967, show the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar (M-60), on 7 December 1967.

14.  Headquarters, U.S. Army Training Brigade, Infantry and Fort Polk, Fort Polk, Louisiana, Special Orders Number 308, dated 29 November 1967, show the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), on 24 November 1967.

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 3rd Battalion, 8th Infantry was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 3, dated 1970, and the Republic of Vietnam Civil Actions Honor Medal-First Class Unit Citation, based on Department of the Army General Orders Number 53, dated 1970.

16.  Item 24 of the applicant's DD Form 214 shows he was awarded the Vietnam Service Medal.

17.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the Vietnam Counteroffensive, Phase VI, the TET 69 Counteroffensive, and the Vietnam Summer-Fall 1969, 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.

18.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Campaign Medal.  This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.  Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant sustained a gunshot wound to his right leg on 8 February 1969.  Furthermore, the applicant’s name appears on the Vietnam Casualty Roster as being wounded as a result of hostile action on 8 February 1969.  Therefore, there is sufficient evidence to show that he is entitled to award of the Purple Heart and correction of his records to show this award.

2.  General Orders awarded the applicant’s unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal-First Class Citation which are not shown on his records; therefore, he is entitled to have his records corrected to show these unit awards.

3.  Special Orders awarded the applicant Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar (M-60), and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), which are not shown on his records; therefore, he is entitled to correction of his records to show these awards.

4.  The evidence of record shows that the applicant served a qualifying period for award of the Republic of Vietnam Campaign Medal which is not shown on his records; therefore, he is entitled to correction of his records to show this award.

5.  The evidence of record shows 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 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 by:

	a.  awarding the applicant the Purple Heart for wounds received in action on 8 February 1969, in the Republic of Vietnam; and

	b.  showing award of the Purple Heart, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar (M-60), the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal-First Class Unit Citation, the Republic of Vietnam Campaign Medal, and three 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)                                         AR20080011854



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ABCMR Record of Proceedings (cont)                                         AR20080011854



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