IN THE CASE OF:	  

		BOARD DATE:	        04 DECEMBER 2008

		DOCKET NUMBER:  AR20080014157 


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 his military records be corrected to show the award of the Purple Heart.

2.  The applicant essentially states that he was awarded the Purple Heart by the 24th Medical Evacuation Hospital on 30 September 1968, but that it is not listed on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) that was issued at the time of his retirement on 16 July 1969, which will simply be referred to as his DD Form 214 throughout the remainder of these proceedings.

3.  The applicant provides a table listing the evidence he provided: a two-page, unsigned self-authored letter, dated 8 August 2008; his DD Form 214 that covered his enlisted active duty service from 20 April 1966 to 27 April 1967; a letter, dated 26 September 1968, written to his parents by his commanding officer; two telegrams, dated 23 and 28 September 1968; a newspaper article which stated that he was injured as a result of enemy fire in Vietnam on 
22 September 1968; a newspaper article showing that he was awarded the Bronze Star Medal; a DA Form 1361 (Recommended Findings of Physical Evaluation Board [Informal Hearing]), dated 30 April 1969; a DA Form 199 (Physical Evaluation Board Proceedings), dated 12 April 1972; a letter, dated 
3 October 1968, written by an Army buddy to the applicant with an accompanying envelope, postmarked 4 October 1968; and memoranda for record (two), dated 28 July 2008, written by a married couple from Troutman, North Carolina in support of this application. 

4.  He also provides a letter, dated 1 August 2008, from the United States Army and Joint Services Records Research Center, with a casualty report showing that he sustained an injury when he fell approximately 40 feet from a pole on 
22 September 1968 due to an explosion. 

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 military records show that he enlisted in the Regular Army on 20 April 1966.  He completed basic training and advanced individual training (AIT) and was awarded military occupational specialty (MOS) 12A (Pioneer), and was later awarded MOS 12B (Combat Engineer).  After attending Officer Candidate School, he was honorably discharged from the Regular Army on 
27 April 1967, was commissioned a second lieutenant in the United States Army Reserve on 28 April 1967, and remained on active duty.  He served his initial permanent duty assignment at Fort Leonard Wood, Missouri and was promoted to first lieutenant on 28 April 1968.  He departed for the Republic of Vietnam on 29 April 1968 and served as a Construction Platoon Leader with Company D, 46th Engineer Battalion.  He was seriously injured on 22 September 1968 and was ultimately retired on 16 July 1969 and placed on the temporary disability retired list (TDRL).  His DD Form 214 shows that he was awarded the Bronze Star Medal, the Good Conduct Medal, the National Defense Service Medal, and the Vietnam Service Medal.  On 31 May 1972, he was removed from the TDRL and he was retired due to a permanent physical disability on 1 June 1972.  

3.  The applicant's military records do not show that he was awarded the Purple Heart.  There are also no orders in his military records which awarded him the Purple Heart.  However, the applicant provided a casualty report which shows that he sustained an injury when he fell approximately 40 feet from a pole on 

22 September 1968 due to an explosion.  Additionally, there is a corresponding entry on the Vietnam Casualty Roster for the applicant which confirms that he was injured as a result of hostile action on 22 September 1968.

4.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS) an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command failed to reveal any orders for the Purple Heart.

5.  During a review of the applicant’s records, it was determined that he is entitled to additional awards and decorations that are not shown on his DD Form 214.

6.  The applicant's DD Form 214 does not show that he was awarded the Republic of Vietnam Campaign Medal.  His military records show that he only completed 5 months and 19 days of service in Vietnam and he was evacuated prior to completing 6 months of service in Vietnam due to injuries (wounds) resulting from hostile action.

7.  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 that at the time of the applicant’s assignment to the 46th Engineer Battalion, the battalion was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 8, dated 1974, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Orders Number 43, dated 1970.

8.  The applicant’s DD Form 214 shows that he was awarded the Vietnam Service Medal, but it does not show that he was awarded any bronze service stars to signify campaign participation credit.  Paragraph 2-13 of Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Table B-1 contains a list of Vietnam campaigns, and it shows that during the applicant's tour in Vietnam, he was credited with participating in the Vietnam Counteroffensive Phase IV campaign and the Vietnam Counteroffensive Phase V campaign.

9.  The applicant's DD Form 214 does not show that he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  However, he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar by Headquarters, 4th Engineer AIT Brigade (Specialist), United States Army Training Center, Fort Leonard Wood, Missouri Special Orders Number 38, dated 21 February 1968.  

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

11.  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.

12.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  This regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his military records should be corrected to show the award of the Purple Heart.  

2.  The evidence of record clearly shows that the applicant was injured as a result of hostile action on 22 September 1968, and the applicant indicated that he was awarded the Purple Heart by the 24th Medical Evacuation Hospital on 
30 September 1968.  However, there are no orders in his military records or ADCARS, and the applicant failed to provide any orders which awarded him the Purple Heart.  As a result, it would be appropriate at this time to formally award him the Purple Heart and correct his military records to show the award of the Purple Heart.

3.  The applicant was evacuated prior to completing 6 months of service due to injuries (wounds) resulting from hostile action.  As a result, it would be appropriate at this time to award him the Republic of Vietnam Campaign Medal and correct his military records to show the award of the Republic of Vietnam Campaign Medal.

4.  General orders awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to the 46th Engineer Battalion while the applicant was assigned to this battalion.  Therefore, he is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and correction of his military records to show these unit awards.

5.  The applicant participated in two campaigns during his tour in Vietnam; therefore, he is entitled to correction of his military records to show two bronze service stars to be affixed to his already awarded Vietnam Service Medal.

6.  Special orders awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, but it is not listed on his DD Form 214.  Therefore, he is entitled to correction of his military records to show the award of the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

BOARD VOTE:

___X_____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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 him the Purple Heart for wounds received in action against the enemy in Vietnam on 22 September 1968 while serving as a first lieutenant; and


	b.  adding the Purple Heart, the Republic of Vietnam Campaign Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; the Sharpshooter Marksmanship Qualification Badge with Rifle Bar and two bronze stars to be affixed to his already awarded Vietnam Service Medal to his DD Form 214.




      _______ _ 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)                                         AR20080014157



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ABCMR Record of Proceedings (cont)                                         AR20080014157



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