IN THE CASE OF:	 

		BOARD DATE:	  6 NOVEMBER 2008

		DOCKET NUMBER:  AR20080014187 


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 was not awarded the Purple Heart due to an administrative oversight.  He also states that he did not know he could request the award. 

3.  In support of his application, the applicant provides copies of two statements from former service members. 

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 was inducted into the Army of the United States, in pay grade E-1, on 6 May 1969.  He completed basic and advanced training and was awarded military occupational specialty 11B, Light Weapons Infantryman.  He served in the Vietnam from 23 April 1970 to 30 March 1971, with Company D, 1st Battalion, 506th Infantry, 101st Airborne Division (Airmobile), for three campaigns.

3.  The applicant was honorably released from active duty, in pay grade E-5, on 30 March 1971, for Early Release Overseas Returnee.  He was transferred to the United States Army Reserve (USAR) Control Group (Annual Training).

4.  Entries on the applicant’s DD Form 214, Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) list the following awards:  the National Defense Service Medal; the Vietnam Service Medal; the Combat Infantryman Badge; the Air Medal; the Army Commendation Medal; the Marksman Marksmanship Qualification Badge, with Rifle Bar (M-14); and the Marksman Marksmanship Qualification Badge, with Rifle Bar (M-16).  The Purple Heart is not listed.  

5.  There are no orders in the applicant’s service personnel records that show he was awarded the Purple Heart.  There is also no evidence in his records that shows he was wounded or treated for wounds as a result of hostile action.  His DA Form 20 (Enlisted Qualification Record) does not show any entry in item 40 (Wounds) or list the Purple Heart in Item 41 (Awards and Decorations).  

6.  A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS) records of the applicant's units for the timeframe the applicant served in Vietnam was conducted.  This review failed to show that any orders were published awarding the applicant the Purple Heart; however, orders were found awarding the applicant the Bronze Star Medal for meritorious service in Vietnam from 1 May 1970 to 31 January 1971.  This award is not shown on his DD Form 214.  

7.  The Vietnam Casualty Roster shows the applicant was wounded on 19 May 1970 and the casualty status code was "23."  This code indicates the status "hostile wounded in action, not serious, hospitalized."  

8.  The applicant submitted a statement addressed To Whom It May Concern, dated 24 March 2008, wherein a former fellow Soldier stated he served in Delta Company in Vietnam with the applicant.  The individual also stated that on the night of 19 May 1970, they set up a night defense position.  After they were set up an artillery round hit close to the listening post, killing one Soldier and wounding the applicant and another Soldier.  

9.  The applicant submitted a second statement also written by a former fellow Soldier addressed Dear Sir, dated 4 April 2008, wherein the individual stated he served in Delta Company in Vietnam with the applicant.  The individual also stated that on 19 May 1970, they set up a night defense position.  They were set up for the night when they came under attack from artillery.  The first round landed outside their perimeter and close to the applicant.  Another round hit even closer to the applicant, killing another Soldier and wounding the applicant.  The individual further stated that he believed the applicant deserved the Purple Heart for his wounds received on that night.

10.  Army Regulation 600-8-22 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.  This regulation also provides that there is no statute of limitations on requests for award of the Purple Heart.

11.  Army Regulation 600-8-22 also provides, in pertinent part, for award of the Republic of 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 and contributed 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 wounds resulting from hostile action were entitled to award of the Republic of Vietnam Campaign Medal.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that the applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, by Headquarters, Department of the Army General Orders Number 6, dated 1974; and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Headquarters, Department of the Army General Orders Number 48, dated 1971.

13.  Army Regulation 600-8-22 also authorizes a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal including the Vietnam Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214, dated 31 March 1971, does not show his award of the Purple Heart.  There are no general orders that show the applicant was awarded the Purple Heart.  The evidence of record shows he was 
wounded as a result of hostile action on 19 May 1970, in the Republic of Vietnam.  Despite the lack of general orders awarding the applicant the Purple Heart, the evidence shows he is qualified for award of the Purple Heart.  He is therefore entitled to have the Purple Heart awarded to him and to have this award shown on his DD Form 214.

2.  General orders authorized the applicant award of the Bronze Star Medal for meritorious service in the Republic of Vietnam from 1 May 1970 to 31 January 1971.  This award is not shown on his DD Form 214.  Therefore, he is also entitled to have his DD Form 214 corrected to show award of the Bronze Star Medal.  

3.  The evidence of records shows the applicant served a qualifying period of service for award of the Republic of Vietnam Campaign Medal.  Therefore, he is entitled to award of the Republic of Vietnam Campaign Medal and to have this award shown on his DD Form 214.

4.  General orders authorized the applicant’s unit 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, during his tenure of assignment in Vietnam.  These unit awards are not shown on his DD Form 214.  Therefore, he is entitled to have his DD Form 214 corrected to show these unit awards.

5.  Evidence of record shows the applicant participated in three campaigns during his service in Vietnam.  He is therefore further eligible for award of three bronze service stars to be affixed to his already-awarded Vietnam Service Medal and to have these service stars added to his DD Form 214 at this time.

6.  In view of the foregoing, the applicant’s records should be corrected 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.  awarding the applicant the Purple Heart for wounds he received in the Republic of Vietnam on 19 May 1970; 
   
	b.  adding the already-awarded Bronze Star Medal and awarding him the Republic of Vietnam Campaign Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; 

   c.  adding three bronze service stars to his already-awarded Vietnam Service Medal; and 
   
   d.  adding these awards to his DD From 214 and providing him a corrected separation document that includes these awards.




      _______ _   _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)                                         AR20080014187



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ABCMR Record of Proceedings (cont)                                         AR20080014187


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