IN THE CASE OF:	  

		BOARD DATE:	  	  6 January 2009

		DOCKET NUMBER:  AR20080013322 


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 the Purple Heart 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 on the day of his discharge he forgot to say he had been awarded the Purple Heart.

3.  The applicant submitted a copy of his DD Form 214 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 record shows he was inducted into the Army of the United States on 20 November 1967.  He completed basic combat training and advanced individual training and was awarded the military occupational specialty (MOS) 11B (Light Weapons Infantryman).  The highest rank he attained while serving on active duty was sergeant (E-5) (temporary).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam from 19 November 1968 through 2 March 1969, performing duties in MOS 11B.  During his Republic of Vietnam tour he was assigned to the 2d Battalion, 3d Infantry Regiment, 199th Infantry Brigade.

4.  Section 40 (Wounds) of the applicant's DA Form 20 shows the applicant received fragment wounds to his legs, arms, head, and stomach on 17 December 1968.

5.  Section 41 (Awards and Decorations) of the applicant's DA Form 20 shows he earned the following awards during his active duty tenure:  the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, the Good Conduct Medal, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

6.  Item 39 (Physician's Summary and Elaboration of All Pertinent Data) of the applicant's Report of Medical History dated 25 August 1969 shows he received fragment wounds to the right leg and right forehead while in the Republic of Vietnam.

7.  On 6 September 1969, the applicant was released from active duty and transferred to the United States Army Reserve after completing a total of 1 year, 9 months, and 17 days of active service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, and the Good Conduct Medal.

8.  The applicant's name is not listed on the Vietnam Casualty Roster.

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

10.  Army Regulation 600-200 (Personnel Separations), chapter 9, of the version in effect at the time, stated, in pertinent part, that a brief description of wounds or injuries (including injury from gas) requiring medical treatment received through hostile or enemy action, including those requiring hospitalization, would be entered in item 40 of the DA Form 20.  This regulation further stated that the date the wound or injury occurred would also be placed in item 40.

11.  A review of the applicant’s record indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

12.  Appendix B of Army Regulation 600-8-22 lists the campaigns for the Vietnam Conflict which indicates that the applicant participated in two campaigns during his service in Vietnam.  This appendix shows by his dates of service that the applicant participated in the Vietnam Counteroffensive Phase VI Campaign and the Tet 69 Counteroffensive Campaign.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

13.  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 pamphlet 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 19 June 1968 through 31 July 1970 by Department of the Army General Orders Number 51, dated 1971; and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation for the period 12 December 1966 through 31 August 1970 by Department of the Army General Orders Number 31, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to correction of his record to show award of the Purple Heart.

2.  The evidence of record shows the applicant received fragment wounds while serving in the Republic of Vietnam.  Item 40 of the applicant’s DA Form 20 shows he was wounded on 17 December 1968.  Therefore, his records should be corrected to show award of the Purple Heart.

3.  Records show that the applicant participated in two campaigns during his service in the Republic of Vietnam.  Therefore, he is eligible for award of two bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

4.  General Orders show that the 2d Battalion, 3d Infantry Regiment, 199th Infantry Brigade was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation while the applicant was assigned to this unit which are not shown on his separation document.  Therefore, he is entitled to correction of his records to show these awards.

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 be corrected by:

	a.  awarding him the Purple Heart for wounds received on 17 December 1968; 

	b.  deleting the Vietnam Service Medal from his DD Form 214; and 

	c.  adding the Purple Heart, the Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation to his DD Form 214.



      		____________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)                                         AR20080013322



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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