IN THE CASE OF:	  

		BOARD DATE:	  30 OCTOBER 2008

		DOCKET NUMBER:  AR20080014665 


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 he needs to have the Purple Heart added to his DD Form 214 so that he can qualify for benefits.

3.  In support of his application, the applicant provides a copy of his DD Form 214 and a copy of the general orders awarding him the Purple Heart.

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 enlisted in the Regular Army on 19 May 1967.  He completed basic combat training at Fort Dix, New Jersey, and his advanced individual training at Fort Leonard Wood, Missouri.  After completing all required training, he was awarded the military occupational specialty 12A (Pioneer).

3.  The applicant served in Vietnam from 10 November 1967 through 5 November 1968 with the 19th Engineer Battalion (Construction).

4.  The applicant was honorably released from active duty in pay grade E-4 on 18 May 1970 under the provisions of Army Regulation 635-200 at the expiration of his term of service.  On the date he was released from active duty, he had completed 3 years net active military service.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded:  the Vietnam Service Medal with one silver service star, the Republic of Vietnam Campaign Medal with Device (1960), the National Defense Service Medal, the Expert Marksmanship Qualification Badge with Pistol Bar, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  The Purple Heart is not shown on his DD Form 214.

6.  There is no entry in Item 40 (Wounds), of the applicant's DA Form 20, Enlisted Qualification Record, to show he was wounded in action against a hostile force.

7.  There is no entry in Item 41 (Awards and Decorations) of the DA Form 20 showing the applicant was awarded the Purple Heart.

8.  There are no orders in the applicant's military personnel records awarding him the Purple Heart.

9.  The Vietnam Casualty Roster shows the applicant was wounded on 14 August 1968.

10.  The applicant submitted a copy of General Orders Number 57, Headquarters, 937th Engineer Group (Combat), dated 17 November 1968, in support of his request.  These general orders show he was awarded the Purple Heart for wounds he received in connection with military operations against a hostile force on 14 August 1968.

11.  DA Pamphlet 672-3 shows the applicant's unit, a subordinate unit of the United States Army, Vietnam, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 20 July 1965 through 28 March 1973 by Department of the Army General Orders Number 8, dated 1974.  This unit award is not shown on the applicant’s DD Form 214.

12.  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, 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.

13.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia), chapter 29, prescribes policy and guidance for wear of U.S. and foreign unit awards.  This regulation states that a Soldier may wear the unit award permanently if the individual was assigned to, and present for duty with the unit any time during the period cited; or was attached by competent orders to, and present for duty with the unit during the entire period, or for at least thirty consecutive days of the period cited.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows that the applicant was wounded in action while he served in Vietnam.  General orders were published awarding him the Purple Heart; however, these general orders were not included in his records.  When he was released from active duty, the Purple Heart was not added to his DD Form 214.  He is entitled to have the Purple Heart added to his DD Form 214 at this time.

2.  The applicant served in a unit which was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  He is entitled to this unit award and to have it added to his DD Form 214.

3.  The applicant's records were also reviewed for awarding him the Good Conduct Medal; however, the applicant received an Article 15 for sleeping on duty which caused him to be reduced in pay grade.  The applicant is therefore not entitled to award of the Good Conduct Medal and to have it added to his DD Form 214.

4.  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:

	a.  by adding the already-awarded Purple Heart to the applicant's DD Form 214, and 

	b.  by awarding the applicant the Republic of Vietnam Gallantry Cross with Palm Unit Citation and adding this award 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)                                         AR20080014665



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080014665



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1