IN THE CASE OF:	  

		BOARD DATE:	        13 November 2008

		DOCKET NUMBER:  AR20080014026 


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 presented the Purple Heart aboard a hospital ship on or around 25 July 1970 for injuries to his left leg and buttocks.  He continues that he was assigned to Delta Company, 2nd Platoon, 1st of the 506th Infantry Battalion, 101st Airborne Division and that his injury occurred in Northern South Vietnam near Firebase Ripcord.  He concludes that he has his Purple Heart contained in a black box which is taped shut with the medical tape with his name and unit on it.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) 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 27 December 1968.  He completed basic and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  The applicant's record shows that he served in the Republic of Vietnam during the period of 3 December 1969 through 7 August 1970 and was assigned to Delta Company, 1st Battalion, 506th Infantry, 101st Airborne Division.

4.  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, Combat Infantryman Badge, M14 Expert Badge, and the M16 Expert Badge.  This form does not show award of the Purple Heart.

5.  The Republic of Vietnam Casualty Roster shows that the applicant was wounded as the result of hostile action on 21 July 1970.

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

7.  Headquarters, 101st Airborne Division (Airmobile) General Orders Number 6380, dated 6 June 1970, awarded the applicant the Army Commendation Medal for meritorious achievement during the period of 1 January 1970 through 31 May 1970.

8.  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.

9.  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 20 July 1965 through 28 March 1973 by Department of the Army General Orders Number 8, dated 1974.

10.  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.

11.  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 3 October 1968 through 2 May 1970 by Department of the Army General Orders Number 48, dated 1971.

12.  Appendix B of Army Regulation 600-8-22 shows the campaigns for the Republic of Vietnam.  During the applicant's tour in the Republic of Vietnam he participated in three campaigns:  The Vietnam Winter-Spring, Sanctuary Counteroffensive, and Vietnam Counteroffensive-Phase VII.  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 was awarded the Purple Heart for wounds he received while serving in the Republic of Vietnam 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 21 July 1970.  Therefore, the applicant is entitled to have his records corrected to show the Purple Heart as an authorized award.

3.  General Orders show the applicant is entitled to award of the Army Commendation Medal.  Therefore, he is entitled to have his records corrected to show this award.

4.  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.

5.  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.

6.  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 by:

   a.  awarding the applicant the Purple Heart for wounds received in action on 21 July 1970; and
   
   b.  showing award of the Purple Heart, Army Commendation Medal, and
4 bronze service stars for wear on his already-awarded Vietnam Service Medal on his 28 August 1970 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)                                         AR20080014026



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ABCMR Record of Proceedings (cont)                                         AR20080014026



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